16 U.S.C. § 6592d — Joint Chiefs Landscape Restoration

Page 2633 TITLE 16—CONSERVATION § 6592d (B) Review An emergency situation determination shall not be subject to objection under the predecisional administrative review proc- esses under part 218 of title 36, Code of Fed- eral Regulations (or successor regulations). (C) Basis of determination An emergency situation determination shall be based on an examination of the rel- evant information. (2) Authorized emergency actions After making an emergency situation deter- mination with respect to National Forest Sys- tem land, the Secretary may carry out author- ized emergency actions on that National For- est System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural re- sources on National Forest System land or ad- jacent land, including through— (A) the salvage of dead or dying trees; (B) the harvest of trees damaged by wind or ice; (C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; (D) the reforestation or replanting of fire- impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and re- store forest species; (E) the removal of hazardous trees in close proximity to roads and trails; (F) the removal of hazardous fuels; (G) the restoration of water sources or in- frastructure; (H) the reconstruction of existing utility lines; and (I) the replacement of underground cables. (3) Relation to land and resource management plans Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource manage- ment plan. (c) Environmental analysis (1) Environmental assessment or environ- mental impact statement If the Secretary determines that an author- ized emergency action requires an environ- mental assessment or an environmental im- pact statement pursuant to section 4332(2) of title 42, the Secretary shall study, develop, and describe— (A) the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent prac- ticable; and (B) the alternative of no action. (2) Public notice The Secretary shall provide notice of each authorized emergency action that the Sec- retary determines requires an environmental assessment or environmental impact state- ment under paragraph (1), in accordance with applicable regulations and administrative guidelines. (3) Public comment The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environ- mental impact statement under paragraph (1). (4) Savings clause Nothing in this subsection prohibits the Sec- retary from— (A) making an emergency situation deter- mination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regula- tions (or successor regulations); or (B) taking an emergency action under sec- tion 220.4(b) of title 36, Code of Federal Reg- ulations (or successor regulations). (d) Administrative review of authorized emer- gency actions An authorized emergency action carried out under this section shall not be subject to objec- tion under the predecisional administrative re- view processes established under section 6515 of this title and section 428 of the Department of the Interior, Environment, and Related Agen- cies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74). (e) Judicial review of emergency actions A court shall not enjoin an authorized emer- gency action under this section if the court de- termines that the plaintiff is unable to dem- onstrate that the claim of the plaintiff is likely to succeed on the merits. (f) Notification and guidance The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section. (Pub. L. 117–58, div. D, title VIII, § 40807, Nov. 15, 2021, 135 Stat. 1112.) Editorial Notes CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 6592d. Joint Chiefs Landscape Restoration Partnership program (a) Definitions In this section: Page 2634 TITLE 16—CONSERVATION § 6592d (1) Chiefs The term ‘‘Chiefs’’ means the Chief of the Forest Service and the Chief of the Natural Resources Conservation Service. (2) Eligible activity The term ‘‘eligible activity’’ means an activ- ity— (A) to reduce the risk of wildfire; (B) to protect water quality and supply; or (C) to improve wildlife habitat for at-risk species. (3) Program The term ‘‘Program’’ means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1). (4) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (5) Wildland-urban interface The term ‘‘wildland-urban interface’’ has the meaning given the term in section 6511 of this title. (b) Establishment (1) In general The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land. (2) Administration The Secretary shall administer the Program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest land- scape to improve the health and resilience of the forest landscape by— (A) assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conserva- tion Service under title XII of the Food Se- curity Act of 1985 (16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title (16 U.S.C. 3831 et seq.); and (B) conducting eligible activities on Na- tional Forest System land or assisting land- owners in implementing eligible activities on State, Tribal, or private land using the applicable programs and authorities admin- istered by the Chief of the Forest Service. (c) Selection of eligible activities The appropriate Regional Forester and State Conservationist shall jointly submit to the Chiefs on an annual basis proposals for eligible activities under the Program. (d) Evaluation criteria In evaluating and selecting proposals sub- mitted under subsection (c), the Chiefs shall consider— (1) criteria including whether the proposal— (A) reduces wildfire risk in a municipal watershed or the wildland-urban interface; (B) was developed through a collaborative process with participation from diverse stakeholders; (C) increases forest workforce capacity or forest business infrastructure and develop- ment; (D) leverages existing authorities and non- Federal funding; (E) provides measurable outcomes; or (F) supports established State and regional priorities; and (2) such other criteria relating to the merits of the proposals as the Chiefs determine to be appropriate. (e) Outreach The Secretary shall provide— (1) public notice on the websites of the For- est Service and the Natural Resources Con- servation Service describing— (A) the solicitation of proposals under sub- section (c); and (B) the criteria for selecting proposals in accordance with subsection (d); and (2) information relating to the Program and activities funded under the Program to States, Indian Tribes, units of local government, and private landowners. (f) Exclusions An eligible activity may not be carried out under the Program— (1) in a wilderness area or designated wilder- ness study area; (2) in an inventoried roadless area; (3) on any Federal land on which, by Act of Congress or Presidential proclamation, the re- moval of vegetation is restricted or prohib- ited; or (4) in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan. (g) Accountability (1) Initial report Not later than 1 year after November 15, 2021, the Secretary shall submit to Congress a report providing recommendations to Congress relating to the Program, including a review of— (A) funding mechanisms for the Program; (B) staff capacity to carry out the Pro- gram; (C) privacy laws applicable to the Pro- gram; (D) data collection under the Program; (E) monitoring and outcomes under the Program; and (F) such other matters as the Secretary considers to be appropriate. (2) Additional reports For each of fiscal years 2022 and 2023, the Chiefs shall submit to the Committee on Agri- culture, Nutrition, and Forestry and the Com- mittee on Appropriations of the Senate and the Committee on Agriculture and the Com- mittee on Appropriations of the House of Rep- resentatives a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects. Page 2635 TITLE 16—CONSERVATION § 6601 (h) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023. (2) Additional funds In addition to the funds described in para- graph (1), the Secretary may obligate avail- able funds from accounts used to carry out the existing Joint Chiefs’ Landscape Restoration Partnership prior to November 15, 2021, to carry out the Program. (3) Duration of availability Funds made available under paragraph (1) shall remain available until expended. (4) Distribution of funds Of the funds made available under paragraph (1)— (A) not less than 40 percent shall be allo- cated to carry out eligible activities through the Natural Resources Conservation Service; (B) not less than 40 percent shall be allo- cated to carry out eligible activities through the Forest Service; and (C) the remaining funds shall be allocated by the Chiefs to the Natural Resources Con- servation Service or the Forest Service— (i) to carry out eligible activities; or (ii) for other purposes, such as technical assistance, project development, or local capacity building. (Pub. L. 117–58, div. D, title VIII, § 40808, Nov. 15, 2021, 135 Stat. 1114.) Editorial Notes REFERENCES IN TEXT The Food Security Act of 1985, referred to in subsec. (b)(2)(A), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§ 3801 et seq.) of this title. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified gen- erally to subpart B (§ 3831 et seq.) of part I of sub- chapter IV of chapter 58 of this title. For complete clas- sification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables. CODIFICATION Section was enacted as part of the Infrastructure In- vestment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. DEFINITIONS For definition of ‘‘Indian Tribe’’ as used in this sec- tion, see section 5304 of Title 25, Indians, as made appli- cable by section 18701(2) of Title 42, The Public Health and Welfare. CHAPTER 85—MARINE TURTLE CONSERVATION Sec. 6601. Findings and purposes. Sec. 6602. Definitions. 6603. Conservation assistance. 6604. Marine Turtle Conservation Fund. 6605. Advisory group. 6606. Authorization of appropriations. 6607. Report to Congress. § 6601. Findings and purposes (a) Findings The Congress finds that— (1) marine turtle populations have declined to the point that the long-term survival of the loggerhead, green, hawksbill, Kemp’s ridley, olive ridley, and leatherback turtle in the wild is in serious jeopardy; (2) 6 of the 7 recognized species of marine turtles are listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species have been included in Appendix I of CITES; (3) because marine turtles are long-lived, late-maturing, and highly migratory, marine turtles are particularly vulnerable to the im- pacts of human exploitation and habitat loss; (4) illegal international trade seriously threatens wild populations of some marine turtle species, particularly the hawksbill tur- tle; (5) the challenges facing marine turtles are immense, and the resources available have not been sufficient to cope with the continued loss of nesting habitats caused by human activities and the consequent diminution of marine tur- tle populations; (6) because marine turtles are flagship spe- cies for the ecosystems in which marine tur- tles are found, sustaining healthy populations of marine turtles provides benefits to many other species of wildlife, including many other threatened or endangered species; (7) marine turtles are important components of the ecosystems that they inhabit, and stud- ies of wild populations of marine turtles have provided important biological insights; (8) changes in marine turtle populations are most reliably indicated by changes in the numbers of nests and nesting females; and (9) the reduction, removal, or other effective addressing of the threats to the long-term via- bility of populations of marine turtles will re- quire the joint commitment and effort of— (A) countries that have within their boundaries marine turtle nesting habitats; and (B) persons with expertise in the conserva- tion of marine turtles. (b) Purpose The purpose of this chapter is to assist in the conservation of marine turtles, freshwater tur- tles, and tortoises and the habitats of marine turtles, freshwater turtles, and tortoises in for- eign countries and territories of the United States by supporting and providing financial re- sources for projects— (1) to conserve marine turtle, freshwater tur- tle, and tortoise habitats under the jurisdic- tion of United States Fish and Wildlife Service programs; (2) to conserve marine turtles, freshwater turtles, and tortoises in those habitats; and