16 U.S.C. § 6571 — Establishment of healthy forests reserve

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.