16 U.S.C. § 6514 — Environmental analysis

Page 2605 TITLE 16—CONSERVATION § 6514 (4) Cooperation In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in con- sultation with the Secretary— (A) shall consult with any applicable own- ers of the non-Federal land; and (B) shall not implement the hazardous fuel reduction project on non-Federal land with- out the consent of the owner of the non-Fed- eral land. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 108–148, title I, § 103, Dec. 3, 2003, 117 Stat. 1896; Pub. L. 115–334, title VIII, § 8401, Dec. 20, 2018, 132 Stat. 4840; Pub. L. 117–286, § 4(a)(130), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), 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. AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. 2018—Subsec. (e). Pub. L. 115–334 added subsec. (e). § 6514. Environmental analysis (a) Authorized hazardous fuel reduction projects Except as otherwise provided in this sub- chapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with— (1) the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and (2) other applicable laws. (b) Environmental assessment or environmental impact statement The Secretary shall prepare an environmental assessment or an environmental impact state- ment pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each authorized hazardous fuel reduc- tion project. (c) Consideration of alternatives (1) In general Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and de- scribe— (A) the proposed agency action; (B) the alternative of no action; and (C) an additional action alternative, if the additional alternative— (i) is proposed during scoping or the col- laborative process under subsection (f); and (ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environ- mental Quality. (2) Multiple additional alternatives If more than 1 additional alternative is pro- posed under paragraph (1)(C), the Secretary shall— (A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and (B) provide a written record describing the reasons for the selection. (d) Alternative analysis process for projects in wildland-urban interface (1) Proposed agency action and 1 action alter- native For an authorized hazardous fuel reduction project that is proposed to be conducted in the wildland-urban interface, the Secretary is not required to study, develop, or describe more than the proposed agency action and 1 action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National En- vironmental Policy Act of 1969 (42 U.S.C. 4332(2)). (2) Proposed agency action Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be con- ducted in the wildland-urban interface is lo- cated no further than 11⁄2 miles from the boundary of an at-risk community, the Sec- retary is not required to study, develop, or de- scribe any alternative to the proposed agency action in the environmental assessment or en- vironmental impact statement prepared pur- suant to section 102(2) of the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4332(2)). (3) Proposed agency action and community wildfire protection plan alternative In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a commu- nity wildfire protection plan and the proposed agency action does not implement the rec- ommendations in the plan regarding the gen- eral location and basic method of treatments, the Secretary shall evaluate the recommenda- tions in the plan as an alternative to the pro- posed agency action in the environmental as- sessment or environmental impact statement prepared pursuant to section 102(2) of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). (e) Public notice and meeting (1) Public notice The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and ad- ministrative guidelines. (2) Public meeting During the preparation stage of each author- ized hazardous fuel reduction project, the Sec- retary shall— 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.).’’