16 U.S.C. § 6554 — Applied silvicultural assessments

Page 2611 TITLE 16—CONSERVATION § 6554 grant colleges and universities, and 1890 Insti- tutions), State agencies, and private land- owners to carry out the program; and (3) to carry out applied silvicultural assess- ments. (Pub. L. 108–148, title IV, § 401, Dec. 3, 2003, 117 Stat. 1907.) § 6552. Definitions In this subchapter: (1) Applied silvicultural assessment (A) In general The term ‘‘applied silvicultural assess- ment’’ means any vegetative or other treat- ment carried out for information gathering and research purposes. (B) Inclusions The term ‘‘applied silvicultural assess- ment’’ includes timber harvesting, thinning, prescribed burning, pruning, and any com- bination of those activities. (2) 1890 Institution (A) In general The term ‘‘1890 Institution’’ means a col- lege or university that is eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.). (B) Inclusion The term ‘‘1890 Institution’’ includes Tuskegee University. (3) Forest-damaging insect The term ‘‘forest-damaging insect’’ means— (A) a Southern pine beetle; (B) a mountain pine beetle; (C) a spruce bark beetle; (D) a gypsy moth; (E) a hemlock woolly adelgid; (F) an emerald ash borer; (G) a red oak borer; (H) a white oak borer; and (I) such other insects as may be identified by the Secretary. (4) Secretary The term ‘‘Secretary’’ means— (A) the Secretary of Agriculture, acting through the Forest Service, with respect to National Forest System land; and (B) the Secretary of the Interior, acting through appropriate offices of the United States Geological Survey, with respect to federally owned land administered by the Secretary of the Interior. (Pub. L. 108–148, title IV, § 402, Dec. 3, 2003, 117 Stat. 1908.) Editorial Notes REFERENCES IN TEXT The Act of August 30, 1890, referred to in par. (2)(A), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 321 of Title 7 and Tables. § 6553. Accelerated information gathering re- garding forest-damaging insects (a) Information gathering The Secretary, acting through the Forest Service and United States Geological Survey, as appropriate, shall establish an accelerated pro- gram— (1) to plan, conduct, and promote com- prehensive and systematic information gath- ering on forest-damaging insects and associ- ated diseases, including an evaluation of— (A) infestation prevention and suppression methods; (B) effects of infestations and associated disease interactions on forest ecosystems; (C) restoration of forest ecosystem efforts; (D) utilization options regarding infested trees; and (E) models to predict the occurrence, dis- tribution, and impact of outbreaks of forest- damaging insects and associated diseases; (2) to assist land managers in the develop- ment of treatments and strategies to improve forest health and reduce the susceptibility of forest ecosystems to severe infestations of for- est-damaging insects and associated diseases on Federal land and State and private land; and (3) to disseminate the results of the informa- tion gathering, treatments, and strategies. (b) Cooperation and assistance The Secretary shall— (1) establish and carry out the program in cooperation with— (A) scientists from colleges and univer- sities (including forestry schools, land grant colleges and universities, and 1890 Institu- tions); (B) Federal, State, and local agencies; and (C) private and industrial landowners; and (2) designate such colleges and universities to assist in carrying out the program. (Pub. L. 108–148, title IV, § 403, Dec. 3, 2003, 117 Stat. 1909.) § 6554. Applied silvicultural assessments (a) Assessment efforts For information gathering and research pur- poses, the Secretary may conduct applied sil- vicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects. (b) Limitations (1) Exclusion of certain areas Subsection (a) does not apply to— (A) a component of the National Wilder- ness Preservation System; (B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or pro- hibited; (C) a congressionally-designated wilder- ness study area; or (D) an area in which activities under sub- section (a) would be inconsistent with the applicable land and resource management plan. Page 2612 TITLE 16—CONSERVATION § 6555 (2) Certain treatment prohibited Nothing in subsection (a) authorizes the ap- plication of insecticides in municipal water- sheds or associated riparian areas. (3) Peer review (A) In general Before being carried out, each applied sil- vicultural assessment under this subchapter shall be peer reviewed by scientific experts selected by the Secretary, which shall in- clude non-Federal experts. (B) Existing peer review processes The Secretary may use existing peer re- view processes to the extent the processes comply with subparagraph (A). (c) Public notice and comment (1) Public notice The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section. (2) Public comment The Secretary shall provide an opportunity for public comment before carrying out an ap- plied silviculture assessment under this sec- tion. (d) Categorical exclusion (1) In general Applied silvicultural assessment and re- search treatments carried out under this sec- tion on not more than 1,000 acres for an assess- ment or treatment may be categorically ex- cluded from documentation in an environ- mental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Administration Applied silvicultural assessments and re- search treatments categorically excluded under paragraph (1)— (A) shall not be carried out in an area that is adjacent to another area that is categori- cally excluded under paragraph (1) that is being treated with similar methods; and (B) shall be subject to the extraordinary circumstances procedures established by the Secretary pursuant to section 1508.4 of title 40, Code of Federal Regulations. (3) Maximum categorical exclusion The total number of acres categorically ex- cluded under paragraph (1) shall not exceed 250,000 acres. (4) No additional findings required In accordance with paragraph (1), the Sec- retary shall not be required to make any find- ings as to whether an applied silvicultural as- sessment project, either individually or cumu- latively, has a significant effect on the envi- ronment. (Pub. L. 108–148, title IV, § 404, Dec. 3, 2003, 117 Stat. 1910.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (d)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 6555. Relation to other laws The authority provided to each Secretary under this subchapter is supplemental to, and not in lieu of, any authority provided to the Sec- retaries under any other law. (Pub. L. 108–148, title IV, § 405, Dec. 3, 2003, 117 Stat. 1911.) § 6556. Termination of effectiveness The authority provided by this subchapter ter- minates effective October 1, 2023. (Pub. L. 108–148, title IV, § 406, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 115–334, title VIII, § 8406(a), Dec. 20, 2018, 132 Stat. 4845.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 amended section generally. Prior to amendment, text read as follows: ‘‘There are author- ized to be appropriated such sums as are necessary to carry out this subchapter for each of fiscal years 2004 through 2008.’’ SUBCHAPTER V—HEALTHY FORESTS RESERVE PROGRAM § 6571. Establishment of healthy forests reserve program (a) Establishment The Secretary of Agriculture shall establish the healthy forests reserve program for the pur- pose of restoring and enhancing forest eco- systems— (1) to promote the recovery of threatened and endangered species; (2) to improve biodiversity; (3) to conserve forest land that provides habitat for species described in section 6572(b) of this title; and (4) to enhance carbon sequestration. (b) Coordination The Secretary of Agriculture shall carry out the healthy forests reserve program in coordina- tion with the Secretary of the Interior and the Secretary of Commerce. (Pub. L. 108–148, title V, § 501, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 115–334, title VIII, § 8407(a)(1), Dec. 20, 2018, 132 Stat. 4845.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(3), (4). Pub. L. 115–334 added par. (3) and redesignated former par. (3) as (4). § 6572. Eligibility and enrollment of lands in pro- gram (a) In general The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Sec- retary of Commerce, shall describe and define forest ecosystems that are eligible for enroll- ment in the healthy forests reserve program.