16 U.S.C. § 6512 — Authorized hazardous fuel reduction

Page 2601 TITLE 16—CONSERVATION § 6512 1 See References in Text note below. (11) Implementation Plan The term ‘‘Implementation Plan’’ means the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Re- ducing Wildland Fire Risks to Communities and the Environment, dated May 2002, devel- oped pursuant to the conference report to ac- company the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106–64) 1 (and subsequent re- visions). (12) Municipal water supply system The term ‘‘municipal water supply system’’ means the reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, and other surface fa- cilities and systems constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water. (13) Resource management plan The term ‘‘resource management plan’’ means— (A) a land and resource management plan prepared for 1 or more units of land of the National Forest System described in section 6502(1)(A) of this title under section 1604 of this title; or (B) a land use plan prepared for 1 or more units of the public land described in section 6502(1)(B) of this title under section 1712 of title 43. (14) Secretary The term ‘‘Secretary’’ means— (A) the Secretary of Agriculture, with re- spect to land of the National Forest System described in section 6502(1)(A) of this title; and (B) the Secretary of the Interior, with re- spect to public lands described in section 6502(1)(B) of this title. (15) Threatened and endangered species habi- tat The term ‘‘threatened and endangered spe- cies habitat’’ means Federal land identified in— (A) a determination that a species is an endangered species or a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) a designation of critical habitat of the species under that Act; or (C) a recovery plan prepared for the species under that Act. (16) Wildland-urban interface The term ‘‘wildland-urban interface’’ means— (A) an area within or adjacent to an at- risk community that is identified in rec- ommendations to the Secretary in a commu- nity wildfire protection plan; or (B) in the case of any area for which a community wildfire protection plan is not in effect— (i) an area extending 1⁄2-mile from the boundary of an at-risk community; (ii) an area within 11⁄2 miles of the boundary of an at-risk community, includ- ing any land that— (I) has a sustained steep slope that cre- ates the potential for wildfire behavior endangering the at-risk community; (II) has a geographic feature that aids in creating an effective fire break, such as a road or ridge top; or (III) is in condition class 3, as docu- mented by the Secretary in the project- specific environmental analysis; and (iii) an area that is adjacent to an evacu- ation route for an at-risk community that the Secretary determines, in cooperation with the at-risk community, requires haz- ardous fuel reduction to provide safer evacuation from the at-risk community. (Pub. L. 108–148, title I, § 101, Dec. 3, 2003, 117 Stat. 1889; Pub. L. 115–141, div. O, title II, § 203, Mar. 23, 2018, 132 Stat. 1064.) Editorial Notes REFERENCES IN TEXT The Department of the Interior and Related Agencies Appropriations Act, 2001, referred to in pars. (1)(A)(i) and (11), is Pub. L. 106–291, Oct. 11, 2000, 114 Stat. 922. Title IV of the act is not classified to the Code. For complete classification of this Act to the Code, see Ta- bles. House Report No. 106–64, referred to in par. (11), does not exist. However, there was a House Report No. 106–646 that accompanied H.R. 4578, which became the Department of the Interior and Related Agencies Ap- propriations Act, 2001. The conference report that ac- companied H.R. 4578 was H. Rept. 106–914. The Endangered Species Act of 1973, referred to in par. (15), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. AMENDMENTS 2018—Par. (2). Pub. L. 115–141 designated existing pro- visions as subpar. (A), inserted heading, and added sub- par. (B). § 6512. Authorized hazardous fuel reduction projects (a) Authorized projects As soon as practicable after December 3, 2003, the Secretary shall implement authorized haz- ardous fuel reduction projects, consistent with the Implementation Plan, on— (1) Federal land in wildland-urban interface areas; (2) condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the mu- nicipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturb- ance event; (3) condition class 2 Federal land located within fire regime I, fire regime II, or fire re- gime III, in such proximity to a municipal water supply system or a stream feeding such Page 2602 TITLE 16—CONSERVATION § 6512 a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event; (4) Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the pres- ence of such an epidemic on immediately adja- cent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and (5) Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if— (A) natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species in a species recovery plan prepared under section 1533 of this title, or a notice pub- lished in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat; (B) the authorized hazardous fuel reduc- tion project will provide enhanced protec- tion from catastrophic wildfire for the en- dangered species, threatened species, or habitat of the endangered species or threat- ened species; and (C) the Secretary complies with any appli- cable guidelines specified in any manage- ment or recovery plan described in subpara- graph (A). (b) Relation to agency plans An authorized hazardous fuel reduction project shall be conducted consistent with the resource management plan and other relevant administrative policies or decisions applicable to the Federal land covered by the project. (c) Acreage limitation Not more than a total of 20,000,000 acres of Federal land may be treated under authorized hazardous fuel reduction projects. (d) Exclusion of certain Federal land The Secretary may not conduct an authorized hazardous fuel reduction project that would occur on— (1) a component of the National Wilderness Preservation System; (2) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (includ- ing the applicable implementation plan); or (3) a Wilderness Study Area. (e) Old growth stands (1) Definitions In this subsection and subsection (f): (A) Applicable period The term ‘‘applicable period’’ means— (i) the 2-year period beginning on Decem- ber 3, 2003; or (ii) in the case of a resource management plan that the Secretary is in the process of revising as of December 3, 2003, the 3-year period beginning on December 3, 2003. (B) Covered project The term ‘‘covered project’’ means an au- thorized hazardous fuel reduction project carried out on land described in paragraph (1), (2), (3), or (5) of subsection (a). (C) Management direction The term ‘‘management direction’’ means definitions, designations, standards, guide- lines, goals, or objectives established for an old growth stand under a resource manage- ment plan developed in accordance with ap- plicable law, including section 1604(g)(3)(B) of this title. (D) Old growth stand The term ‘‘old growth stand’’ has the meaning given the term under management direction used pursuant to paragraphs (3) and (4), based on the structure and composi- tion characteristic of the forest type, and in accordance with applicable law, including section 1604(g)(3)(B) of this title. (2) Project requirements In carrying out a covered project, the Sec- retary shall fully maintain, or contribute to- ward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to land- scape fire adaptation and watershed health, and retaining the large trees contributing to old growth structure. (3) Newer management direction (A) In general If the management direction for an old growth stand was established on or after De- cember 15, 1993, the Secretary shall meet the requirements of paragraph (2) in carrying out a covered project by implementing the management direction. (B) Amendments or revisions Any amendment or revision to manage- ment direction for which final administra- tive approval is granted after December 3, 2003, shall be consistent with paragraph (2) for the purpose of carrying out covered projects. (4) Older management direction (A) In general If the management direction for an old growth stand was established before Decem- ber 15, 1993, the Secretary shall meet the re- quirements of paragraph (2) in carrying out a covered project during the applicable pe- riod by implementing the management di- rection. (B) Review required Subject to subparagraph (C), during the applicable period for management direction referred to in subparagraph (A), the Sec- retary shall— Page 2603 TITLE 16—CONSERVATION § 6512 (i) review the management direction for affected covered projects, taking into ac- count any relevant scientific information made available since the adoption of the management direction; and (ii) amend the management direction for affected covered projects to be consistent with paragraph (2), if necessary to reflect relevant scientific information the Sec- retary did not consider in formulating the management direction. (C) Review not completed If the Secretary does not complete the re- view of the management direction in accord- ance with subparagraph (B) before the end of the applicable period, the Secretary shall not carry out any portion of affected covered projects in stands that are identified as old growth stands (based on substantial sup- porting evidence) by any person during scoping, within the period— (i) beginning at the close of the applica- ble period for the management direction governing the affected covered projects; and (ii) ending on the earlier of— (I) the date the Secretary completes the action required by subparagraph (B) for the management direction applicable to the affected covered projects; or (II) the date on which the acreage limi- tation specified in subsection (c) (as that limitation may be adjusted by a subse- quent Act of Congress) is reached. (5) Limitation to covered projects Nothing in this subsection requires the Sec- retary to revise or otherwise amend a resource management plan to make the project require- ments of paragraph (2) apply to an activity other than a covered project. (f) Large tree retention (1) In general Except in old growth stands where the man- agement direction is consistent with sub- section (e)(2), the Secretary shall carry out a covered project in a manner that— (A) focuses largely on small diameter trees, thinning, strategic fuel breaks, and prescribed fire to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil im- pacts, tree mortality or other impacts); and (B) maximizes the retention of large trees, as appropriate for the forest type, to the ex- tent that the trees promote fire-resilient stands. (2) Wildfire risk Nothing in this subsection prevents achieve- ment of the purposes described in section 6501(1) of this title. (g) Monitoring and assessing forest and range- land health (1) In general For each Forest Service administrative re- gion and each Bureau of Land Management State Office, the Secretary shall— (A) monitor the results of a representative sample of the projects authorized under this subchapter for each management unit; and (B) not later than 5 years after December 3, 2003, and each 5 years thereafter, issue a report that includes— (i) an evaluation of the progress towards project goals; and (ii) recommendations for modifications to the projects and management treat- ments. (2) Consistency of projects with recommenda- tions An authorized hazardous fuel reduction project approved following the issuance of a monitoring report shall, to the maximum ex- tent practicable, be consistent with any appli- cable recommendations in the report. (3) Similar vegetation types The results of a monitoring report shall be made available for use (if appropriate) in an authorized hazardous fuels reduction project conducted in a similar vegetation type on land under the jurisdiction of the Secretary. (4) Monitoring and assessments Monitoring and assessment shall include a description of the changes in condition class, using the Fire Regime Condition Class Guide- book or successor guidance, specifically com- paring end results to— (A) pretreatment conditions; (B) historical fire regimes; and (C) any applicable watershed or landscape goals or objectives in the resource manage- ment plan or other relevant direction. (5) Multiparty monitoring (A) In general In an area where significant interest is ex- pressed in multiparty monitoring, the Sec- retary shall establish a multiparty moni- toring, evaluation, and accountability proc- ess in order to assess the positive or nega- tive ecological and social effects of author- ized hazardous fuel reduction projects and projects conducted pursuant to section 6554 of this title. (B) Diverse stakeholders The Secretary shall include diverse stake- holders (including interested citizens and In- dian tribes) in the process required under subparagraph (A). (C) Funding Funds to carry out this paragraph may be derived from operations funds for projects described in subparagraph (A). (6) Collection of monitoring data The Secretary may collect monitoring data by entering into cooperative agreements or contracts with, or providing grants to, small or micro-businesses, cooperatives, nonprofit organizations, Youth Conservation Corps work crews, or related State, local, and other non- Federal conservation corps. (7) Tracking For each administrative unit, the Secretary shall track acres burned, by the degree of se- Page 2604 TITLE 16—CONSERVATION § 6513 verity, by large wildfires (as defined by the Secretary). (8) Monitoring and maintenance of treated areas The Secretary shall, to the maximum extent practicable, develop a process for monitoring the need for maintenance of treated areas, over time, in order to preserve the forest health benefits achieved. (Pub. L. 108–148, title I, § 102, Dec. 3, 2003, 117 Stat. 1892.) § 6513. Prioritization (a) In general In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk com- munities or watersheds or that implement com- munity wildfire protection plans. (b) Collaboration (1) In general The Secretary shall consider recommenda- tions under subsection (a) that are made by at- risk communities that have developed commu- nity wildfire protection plans. (2) Exemption Chapter 10 of title 5 shall not apply to the planning process and recommendations con- cerning community wildfire protection plans. (c) Administration (1) In general Federal agency involvement in developing a community wildfire protection plan, or a rec- ommendation made in a community wildfire protection plan, shall not be considered a Fed- eral agency action under the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Compliance In implementing authorized hazardous fuel reduction projects on Federal land, the Sec- retary shall, in accordance with section 6514 of this title, comply with the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (d) Funding allocation (1) Federal land (A) In general Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildland-urban interface. (B) Applicability and allocation The funding allocation in subparagraph (A) shall apply at the national level. The Secretary may allocate the proportion of funds differently than is required under sub- paragraph (A) within individual manage- ment units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title. (C) Wildland-urban interface In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on December 3, 2003, the Secretary shall use existing definitions of the term ‘‘wildland- urban interface’’ rather than the definition of that term provided under section 6511 of this title. (2) Non-Federal land (A) In general In providing financial assistance under any provision of law for hazardous fuel re- duction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have de- veloped community wildfire protection plans. (B) Priority In allocating funding under this para- graph, the Secretary should, to the max- imum extent practicable, give priority to communities that have adopted a commu- nity wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on pri- vate property. (e) Cross-boundary hazardous fuel reduction projects (1) Definitions In this subsection: (A) Hazardous fuel reduction project The term ‘‘hazardous fuel reduction project’’ means a hazardous fuel reduction project described in paragraph (2). (B) Non-Federal land The term ‘‘non-Federal land’’ includes— (i) State land; (ii) county land; (iii) Tribal land; (iv) private land; and (v) other non-Federal land. (2) Grants The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in land- scapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State- wide forest resource assessments or strategies under section 2101a(a) of this title, as mutu- ally agreed to by the State forester and the Regional Forester. (3) Land treatments To conduct and fund treatments for haz- ardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under— (A) section 2113a of this title; and (B) section 331 of the Department of the In- terior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291).