16 U.S.C. § 6515 — Special administrative review process

Page 2606 TITLE 16—CONSERVATION § 6515 (A) conduct a public meeting at an appro- priate location proximate to the administra- tive unit of the Federal land on which the authorized hazardous fuel reduction project will be conducted; and (B) provide advance notice of the location, date, and time of the meeting. (f) Public collaboration In order to encourage meaningful public par- ticipation during preparation of authorized haz- ardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and par- ticipation of interested persons, during the prep- aration of each authorized fuel reduction project in a manner consistent with the Implementation Plan. (g) Environmental analysis and public comment In accordance with section 102(2) of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity for public comment during the preparation of any environmental as- sessment or environmental impact statement for an authorized hazardous fuel reduction project. (h) Decision document The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions. (Pub. L. 108–148, title I, § 104, Dec. 3, 2003, 117 Stat. 1897.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(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. § 6515. Special administrative review process (a) Interim final regulations (1) In general Not later than 30 days after December 3, 2003, the Secretary of Agriculture shall pro- mulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land. (2) Period The predecisional administrative review process required under paragraph (1) shall occur during the period— (A) beginning after the completion of the environmental assessment or environmental impact statement; and (B) ending not later than the date of the issuance of the final decision approving the project. (3) Eligibility To be eligible to participate in the adminis- trative review process for an authorized haz- ardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action. (4) Effective date The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations. (b) Final regulations The Secretary shall promulgate final regula- tions to establish the process described in sub- section (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment. (c) Administrative review (1) In general A person may bring a civil action chal- lenging an authorized hazardous fuel reduc- tion project in a Federal district court only if the person has challenged the authorized haz- ardous fuel reduction project by exhausting— (A) the administrative review process es- tablished by the Secretary of Agriculture under this section; or (B) the administrative hearings and ap- peals procedures established by the Depart- ment of the Interior. (2) Issues An issue may be considered in the judicial review of an action under section 6516 of this title only if the issue was raised in an admin- istrative review process described in para- graph (1). (3) Exception (A) In general An exception to the requirement of ex- hausting the administrative review process before seeking judicial review shall be avail- able if a Federal court finds that the futility or inadequacy exception applies to a specific plaintiff or claim. (B) Information If an agency fails or is unable to make in- formation timely available during the ad- ministrative review process, a court should evaluate whether the administrative review process was inadequate for claims or issues to which the information is material. (Pub. L. 108–148, title I, § 105, Dec. 3, 2003, 117 Stat. 1899.) Statutory Notes and Related Subsidiaries FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS Pub. L. 113–79, title VIII, § 8006(b), Feb. 7, 2014, 128 Stat. 913, provided that: ‘‘Section 428 of division E of the Consolidated Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74) shall not apply to any project or activity implementing a land and resource management plan developed under section 6 of the For- est and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’ Page 2607 TITLE 16—CONSERVATION § 6518 Pub. L. 112–74, div. E, title IV, § 428, Dec. 23, 2011, 125 Stat. 1046, provided that: ‘‘Hereafter, upon issuance of final regulations, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional objection process, to proposed actions of the Forest Service concerning projects and activities imple- menting land and resource management plans devel- oped under the Forest and Rangeland Renewable Re- sources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and documented with a Record of Decision or Decision No- tice, in lieu of subsections (c), (d), and (e) of section 322 of Public Law 102–381 ([former] 16 U.S.C. 1612 note), pro- viding for an administrative appeal process: Provided, That if the Chief of the Forest Service determines an emergency situation exists for which immediate imple- mentation of a proposed action is necessary, the pro- posed action shall not be subject to the pre-decisional objection process, and implementation shall begin im- mediately after the Forest Service gives notice of the final decision for the proposed action: Provided further, That this section shall not apply to an authorized haz- ardous fuel reduction project under title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) [probably should be 16 U.S.C. 6511 et seq.].’’ § 6516. Judicial review in United States district courts (a) Venue Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located. (b) Expeditious completion of judicial review In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the pro- ceedings in the action with the goal of rendering a final determination on jurisdiction, and (if ju- risdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. (c) Injunctions (1) In general Subject to paragraph (2), the length of any preliminary injunctive relief and stays pend- ing appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days. (2) Renewal (A) In general A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1). (B) Updates In each renewal of an injunction in an ac- tion, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel re- duction project. (3) Balancing of short- and long-term effects As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an author- ized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of— (A) the short- and long-term effects of un- dertaking the agency action; against (B) the short- and long-term effects of not undertaking the agency action. (Pub. L. 108–148, title I, § 106, Dec. 3, 2003, 117 Stat. 1900.) § 6517. Effect of subchapter (a) Other authority Nothing in this subchapter affects, or other- wise biases, the use by the Secretary of other statutory or administrative authority (includ- ing categorical exclusions adopted to implement the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel reduction project on Federal land (including Federal land identified in section 6512(d) of this title) that is not conducted using the process au- thorized by section 6514 of this title. (b) National Forest System For projects and activities of the National Forest System other than authorized hazardous fuel reduction projects, nothing in this sub- chapter affects, or otherwise biases, the notice, comment, and appeal procedures for projects and activities of the National Forest System contained in part 215 of title 36, Code of Federal Regulations, or the consideration or disposition of any legal action brought with respect to the procedures. (Pub. L. 108–148, title I, § 107, Dec. 3, 2003, 117 Stat. 1900.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a), 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. § 6518. Authorization of appropriations There is authorized to be appropriated $660,000,000 for each of fiscal years 2019 through 2023 to carry out— (1) activities authorized by this subchapter; and (2) other hazardous fuel reduction activities of the Secretary, including making grants to States, local governments, Indian tribes, and other eligible recipients for activities author- ized by law. (Pub. L. 108–148, title I, § 108, Dec. 3, 2003, 117 Stat. 1901; Pub. L. 115–334, title VIII, § 8402, Dec. 20, 2018, 132 Stat. 4841.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘$660,000,000 for each of fiscal years 2019 through 2023’’ for ‘‘$760,000,000 for each fiscal year’’ in introductory provisions.