16 U.S.C. § 6501 — Purposes

Page 2596 TITLE 16—CONSERVATION § 6501 (7) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (b) Establishment of fellowship program (1) In general There is established a National Coral Reef Management Fellowship Program. (2) Purposes The purposes of the fellowship are— (A) to encourage future leaders of the United States to develop additional coral reef management capacity in States and local communities with coral reefs; (B) to provide management agencies of covered States and covered Native entities with highly qualified candidates whose edu- cation and work experience meet the specific needs of each covered State or covered Na- tive entity; and (C) to provide fellows with professional ex- perience in management of coastal and coral reef resources. (c) Fellowship awards (1) In general The Secretary, in consultation with the Sec- retary of the Interior, shall award a fellowship in accordance with this subsection. (2) Term of fellowship A fellowship awarded under this subsection shall be for a term of not more than 2 years. (3) Qualifications The Secretary, in consultation with the Sec- retary of the Interior, shall award a fellowship to individuals who have demonstrated— (A) an intent to pursue a career in marine services and outstanding potential for such a career; (B) leadership potential, actual leadership experience, or both; (C) possession of a college or graduate de- gree in biological science, a college or grad- uate degree in resource management with experience that correlates with aptitude and interest for marine management, or both; (D) proficient writing and speaking skills; and (E) such other attributes as the Secretary, in consultation with the Secretary of the In- terior, considers appropriate. (d) Matching requirement (1) In general Except as provided in paragraph (2), the non- Federal share of the costs of a fellowship under this section shall be 25 percent of such costs. (2) Waiver of matching requirement The Secretary may waive the application of paragraph (1) to a fellowship if the Secretary finds that such waiver is necessary to support a project that the Secretary has identified as a high priority. (Pub. L. 117–263, div. J, title C, § 10031, Dec. 23, 2022, 136 Stat. 3955.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (a)(4) to (6), is div. J of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3930. For complete classification of div. J to the Code, see Ta- bles. CHAPTER 84—HEALTHY FOREST RESTORATION Sec. 6501. Purposes. 6502. Definitions. SUBCHAPTER I—HAZARDOUS FUEL REDUCTION ON FEDERAL LAND 6511. Definitions. 6512. Authorized hazardous fuel reduction projects. 6513. Prioritization. 6514. Environmental analysis. 6515. Special administrative review process. 6516. Judicial review in United States district courts. 6517. Effect of subchapter. 6518. Authorization of appropriations. SUBCHAPTER II—BIOMASS 6531. Repealed. SUBCHAPTER III—WATERSHED FORESTRY ASSISTANCE 6541. Omitted. 6542. Water Source Protection Program. 6543. Watershed Condition Framework. SUBCHAPTER IV—INSECT INFESTATIONS AND RELATED DISEASES 6551. Findings and purpose. 6552. Definitions. 6553. Accelerated information gathering regarding forest-damaging insects. 6554. Applied silvicultural assessments. 6555. Relation to other laws. 6556. Termination of effectiveness. SUBCHAPTER V—HEALTHY FORESTS RESERVE PROGRAM 6571. Establishment of healthy forests reserve pro- gram. 6572. Eligibility and enrollment of lands in pro- gram. 6573. Restoration plans. 6574. Financial assistance. 6575. Technical assistance. 6576. Protections and measures. 6577. Involvement by other agencies and organiza- tions. 6578. Funding. SUBCHAPTER VI—MISCELLANEOUS 6591. Forest stands inventory and monitoring pro- gram to improve detection of and response to environmental threats. 6591a. Designation of treatment areas. 6591b. Administrative review. 6591c. Stewardship end result contracting projects. 6591d. Wildfire resilience projects. 6591e. Categorical exclusion for greater sage-grouse and mule deer habitat. 6592. Wildfire risk reduction. 6592a. Ecosystem restoration. 6592b. Establishment of fuel breaks in forests and other wildland vegetation. 6592c. Emergency actions. 6592d. Joint Chiefs Landscape Restoration Partner- ship program. § 6501. Purposes The purposes of this chapter are— Page 2597 TITLE 16—CONSERVATION § 6501 (1) to reduce wildfire risk to communities, municipal water supplies, and other at-risk Federal land through a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects; (2) to authorize grant programs to improve the commercial value of forest biomass (that otherwise contributes to the risk of cata- strophic fire or insect or disease infestation) for producing electric energy, useful heat, transportation fuel, and petroleum-based prod- uct substitutes, and for other commercial pur- poses; (3) to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape; (4) to promote systematic gathering of infor- mation to address the impact of insect and disease infestations and other damaging agents on forest and rangeland health; (5) to improve the capacity to detect insect and disease infestations at an early stage, par- ticularly with respect to hardwood forests; and (6) to protect, restore, and enhance forest ecosystem components— (A) to promote the recovery of threatened and endangered species; (B) to improve biological diversity; and (C) to enhance productivity and carbon se- questration. (Pub. L. 108–148, § 2, Dec. 3, 2003, 117 Stat. 1888.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 108–148, § 1(a), Dec. 3, 2003, 117 Stat. 1887, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 2103b of this title and amending sections 6601, 8606, and 8609 of Title 7, Agriculture] may be cited as the ‘Healthy Forests Restoration Act of 2003’.’’ WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES Pub. L. 115–141, div. O, title II, § 210, Mar. 23, 2018, 132 Stat. 1067, provided that: ‘‘(a) MAP REQUIRED.—Not later than 2 years after the date of the enactment of this section [Mar. 23, 2018], the Secretary of Agriculture, acting through the Chief of the Forest Service, shall— ‘‘(1) develop and publish a geospatial map appro- priate for community-level use that depicts wildfire hazard severity to inform at-risk communities that are— ‘‘(A) adjacent to National Forest System lands; or ‘‘(B) affected by wildland fire, as determined by the Secretary; and ‘‘(2) disseminate the information under paragraph (1) in an appropriate, web-based format for use by such communities to— ‘‘(A) improve understanding of their risk profile; ‘‘(B) clarify thinking on the nature and effect of wildfire risks; and ‘‘(C) develop plans to manage and mitigate those risks. ‘‘(b) PURPOSES OF MAP.—The purposes of the map re- quired under subsection (a) are as follows: ‘‘(1) To inform evaluations of wildfire risk. ‘‘(2) To prioritize fuels management needs. ‘‘(3) To depict the relative potential for wildfire that could be difficult for suppression resources to contain and that could cause ignitions to structures. ‘‘(c) CONSULTATION.—In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult with— ‘‘(1) the Secretary of the Interior; ‘‘(2) the Administrator of the Federal Emergency Management Agency; ‘‘(3) other appropriate Federal agencies; ‘‘(4) States; ‘‘(5) relevant colleges, universities, and institutions of higher education with relevant expertise; and ‘‘(6) other entities, as appropriate. ‘‘(d) AT-RISK COMMUNITY DEFINED.—The term ‘at-risk community’ has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).’’ Executive Documents EX. ORD. NO. 14072. STRENGTHENING THE NATION’S FORESTS, COMMUNITIES, AND LOCAL ECONOMIES Ex. Ord. No. 14072, Apr. 22, 2022, 87 F.R. 24851, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. Strengthening America’s forests, which are home to cherished expanses of mature and old-growth forests on Federal lands, is critical to the health, prosperity, and resilience of our communities— particularly in light of the threat of catastrophic wildfires. Forests provide clean air and water, sustain the plant and animal life fundamental to combating the global climate and biodiversity crises, and hold spe- cial importance to Tribal Nations. We go to these spe- cial places to hike, camp, hunt, fish, and engage in recreation that revitalizes our souls and connects us to history and nature. Many local economies thrive be- cause of these outdoor and forest management activi- ties, including in the sustainable forest product sector. Globally, forests represent some of the most bio- diverse parts of our planet and play an irreplaceable role in reaching net-zero greenhouse gas emissions. Terrestrial carbon sinks absorb around 30 percent of the carbon dioxide emitted by human activities each year. Here at home, America’s forests absorb more than 10 percent of annual United States economy-wide greenhouse gas emissions. Conserving old-growth and mature forests on Federal lands while supporting and advancing climate-smart forestry and sustainable for- est products is critical to protecting these and other ecosystem services provided by those forests. Despite their importance, the world’s forests are quickly disappearing; only a small fraction of the world’s mature and old-growth forests remains. Here at home, the primary threats to forests, including mature and old-growth forests, include climate impacts, cata- strophic wildfires, insect infestation, and disease. We can and must take action to conserve, restore, reforest, and manage our magnificent forests here at home and, working closely with international partners, through- out the world. It is the policy of my Administration, in consultation with State, local, Tribal, and territorial governments, as well as the private sector, nonprofit organizations, labor unions, and the scientific community, to pursue science-based, sustainable forest and land management; conserve America’s mature and old-growth forests on Federal lands; invest in forest health and restoration; support indigenous traditional ecological knowledge and cultural and subsistence practices; honor Tribal treaty rights; and deploy climate-smart forestry prac- tices and other nature-based solutions to improve the Page 2598 TITLE 16—CONSERVATION § 6501 resilience of our lands, waters, wildlife, and commu- nities in the face of increasing disturbances and chron- ic stress arising from climate impacts. It is also the policy of my Administration, as outlined in Conserving and Restoring America the Beautiful, to support collabo- rative, locally led conservation solutions. The Infrastructure Investment and Jobs Act (IIJA) [Pub. L. 117–58, see Tables for classification] I signed into law provides generational investments in eco- system restoration and wildfire risk reduction. As we use this funding, we will seek opportunities, consistent with the IIJA, to conserve our mature and old-growth forests on Federal lands and restore the health and vi- brancy of our Nation’s forests by reducing the threat of catastrophic wildfires through ecological treatments that create resilient forest conditions using active, science-based forest management and prescribed fires; by incorporating indigenous traditional ecological knowledge; and by scaling up and optimizing climate- smart reforestation. My Administration also is com- mitted to doing its part to combat deforestation around the world and to working with our inter- national partners toward sustainable management of the world’s lands, waters, and ocean. SEC. 2. Restoring and Conserving the Nation’s Forests, Including Mature and Old-Growth Forests. My Adminis- tration will manage forests on Federal lands, which in- clude many mature and old-growth forests, to promote their continued health and resilience; retain and en- hance carbon storage; conserve biodiversity; mitigate the risk of wildfires; enhance climate resilience; enable subsistence and cultural uses; provide outdoor rec- reational opportunities; and promote sustainable local economic development. Science-based reforestation is one of the greatest opportunities both globally and in the United States for the land sector to contribute to climate and biodiversity goals. To further conserve ma- ture and old-growth forests and foster long-term United States forest health through climate-smart reforest- ation for the benefit of Americans today and for gen- erations to come, the following actions shall be taken, in consultation with State, local, Tribal, and terri- torial governments and the public, and to the extent consistent with applicable law: (a) The Secretary of the Interior and the Secretary of Agriculture (Secretaries)—the Federal Government’s primary land managers—shall continue to jointly pur- sue wildfire mitigation strategies, which are already driving important actions to confront a pressing threat to mature and old-growth forests on Federal lands: cat- astrophic wildfires driven by decades of fire exclusion and climate change. (b) The Secretary of the Interior, with respect to pub- lic lands managed by the Bureau of Land Management, and the Secretary of Agriculture, with respect to Na- tional Forest System lands, shall, within 1 year of the date of this order [Apr. 22, 2022], define, identify, and complete an inventory of old-growth and mature for- ests on Federal lands, accounting for regional and eco- logical variations, as appropriate, and shall make such inventory publicly available. (c) Following completion of the inventory, the Secre- taries shall: (i) coordinate conservation and wildfire risk reduc- tion activities, including consideration of climate- smart stewardship of mature and old-growth forests, with other executive departments and agencies (agen- cies), States, Tribal Nations, and any private land- owners who volunteer to participate; (ii) analyze the threats to mature and old-growth for- ests on Federal lands, including from wildfires and cli- mate change; and (iii) develop policies, with robust opportunity for public comment, to institutionalize climate-smart management and conservation strategies that address threats to mature and old-growth forests on Federal lands. (d) The Secretaries, in coordination with the heads of other agencies as appropriate, shall within 1 year of the date of this order: (i) develop a Federal goal that charges agencies to meet agency-specific reforestation targets by 2030, in- cluding an assessment of reforestation opportunities on Federal lands and through existing Federal programs and partnerships; (ii) develop, in collaboration with Federal, State, Tribal, and private-sector partners, a climate-informed plan (building on existing efforts) to increase Federal cone and seed collection and to ensure seed and seed- ling nursery capacity is sufficient to meet anticipated reforestation demand; and (iii) develop, in coordination with the Secretary of Commerce, with State, local, Tribal, and territorial governments, and with the private sector, nonprofit or- ganizations, labor unions, and the scientific commu- nity, recommendations for community-led local and re- gional economic development opportunities to create and sustain jobs in the sustainable forest product sec- tor, including innovative materials, and in outdoor recreation, while supporting healthy, sustainably man- aged forests in timber communities. SEC. 3. Stopping International Deforestation. As de- scribed in the Plan to Conserve Global Forests: Critical Carbon Sinks, my Administration has committed to de- liver, by 2030, on collective global goals to end natural forest loss and to restore at least an additional 200 mil- lion hectares of forests and other ecosystems, while showcasing new economic models that reflect the serv- ices provided by critical ecosystems around the world. The plan recognizes that conserving and restoring glob- al forest and peatland ecosystems, particularly in the Amazon, Congo Basin, and Southeast Asia, can provide significant global greenhouse gas emissions mitigation, both by preventing the emissions caused by deforest- ation and by increasing the amount of carbon dioxide captured from the atmosphere and stored in soils and forest biomass. My Administration is also committed to combating illegal logging and stopping trade in ille- gally sourced wood products pursuant to the Lacey Act, as amended, [see] 16 U.S.C. 3371 et seq., and to ad- dressing the related importation of commodities sourced from recently deforested land. To further ad- vance these commitments, conserve these critical eco- systems, and address drivers of global deforestation— including illegal forest clearing to produce agricultural commodities—the following actions shall be taken: (a) within 1 year of the date of this order, the Sec- retary of State, in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Sec- retary of Commerce, the Secretary of Homeland Secu- rity (through the Commissioner of U.S. Customs and Border Protection), the Administrator of the Small Business Administration, the Administrator of the United States Agency for International Development, the United States Trade Representative, and the Spe- cial Presidential Envoy for Climate, shall submit a re- port to the President evaluating options, including rec- ommendations for proposed legislation, for a whole-of- government approach to combating international de- forestation that includes: (i) an analysis of the feasibility of limiting or remov- ing specific commodities grown on lands deforested ei- ther illegally or after December 31, 2020, from agricul- tural supply chains; and (ii) an analysis of the potential for public-private partnerships with major agricultural commodity buy- ers, traders, financial institutions, and other actors to voluntarily reduce or eliminate the purchase of such commodities and incentivize sourcing of sustainably produced agricultural commodities. (b) within 1 year of the date of this order, the Sec- retary of State, in coordination with other appropriate agencies, shall submit a report to the President on how agencies that engage in international programming, as- sistance, finance, investment, trade, and trade pro- motion, can, consistent with applicable law, accom- plish the following: (i) incorporate the assessment of risk of deforestation and other land conversion into guidance on foreign as- sistance and investment programming related to infra- Page 2599 TITLE 16—CONSERVATION § 6511 structure development, agriculture, settlements, land use planning or zoning, and energy siting and genera- tion; (ii) address deforestation and land conversion risk in new relevant trade agreements and seek to address such risks, where possible, in the implementation of ex- isting trade agreements; (iii) identify and engage in international processes and fora, as appropriate, to pursue approaches to com- bat deforestation and enhance sustainable land use op- portunities in preparing climate, development, and fi- nance strategies; (iv) engage other major commodity-importing and commodity-producing countries to advance common in- terests in addressing commodity-driven deforestation; and (v) assess options to direct foreign assistance and other agency programs and tools, as appropriate, to help threatened forest communities transition to an economically sustainable future, with special attention to the participation of and the critical role played by indigenous peoples and local communities and land- holders in protecting and restoring forests and in re- ducing deforestation and forest degradation. SEC. 4. Deploying Nature-Based Solutions to Tackle Cli- mate Change and Enhance Resilience. Just as forest con- servation, restoration, and adaptation generate broad benefits related to climate change and other areas, other nature-based solutions can advance multiple ben- efits. These solutions include actions that protect coasts and critical marine ecosystems, reduce flooding, moderate extreme heat, replenish groundwater sources, capture and store carbon dioxide, conserve biodiver- sity, and improve the productivity of agricultural and forest lands to produce food and fiber. To ensure that agencies pursue nature-based solutions, to the extent consistent with applicable law and supported by science, the following actions shall be taken: (a) The Chair of the Council on Environmental Qual- ity, the Director of the Office of Science and Tech- nology Policy, and the Assistant to the President and National Climate Advisor shall, in consultation with the Secretary of Defense (through the Assistant Sec- retary of the Army for Civil Works), the Secretary of the Interior, the Secretary of Agriculture, the Sec- retary of Commerce (through the Administrator of the National Oceanic and Atmospheric Administration), the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security (through the Ad- ministrator of the Federal Emergency Management Agency), the Administrator of the Environmental Pro- tection Agency, the Administrator of the Small Busi- ness Administration, and the heads of other agencies as appropriate, submit a report to the National Climate Task Force to identify key opportunities for greater deployment of nature-based solutions across the Fed- eral Government, including through potential policy, guidance, and program changes. (b) The Director of the Office of Management and Budget shall issue guidance related to the valuation of ecosystem and environmental services and natural as- sets in Federal regulatory decision-making, consistent with the efforts to modernize regulatory review re- quired by my Presidential Memorandum of January 20, 2021 (Modernizing Regulatory Review) [86 F.R. 7223]. (c) Implementation of the United States Global Change Research Program shall include an assessment of the condition of nature within the United States in a report carrying out section 102 of the Global Change Research Act of 1990, 15 U.S.C. 2932. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 6502. Definitions In this chapter: (1) Federal land The term ‘‘Federal land’’ means— (A) land of the National Forest System (as defined in section 1609(a) of this title) ad- ministered by the Secretary of Agriculture, acting through the Chief of the Forest Serv- ice; and (B) public lands (as defined in section 1702 of title 43), the surface of which is adminis- tered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (Pub. L. 108–148, § 3, Dec. 3, 2003, 117 Stat. 1888.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of this title and Tables. SUBCHAPTER I—HAZARDOUS FUEL REDUCTION ON FEDERAL LAND § 6511. Definitions In this subchapter: (1) At-risk community The term ‘‘at-risk community’’ means an area— (A) that is comprised of— (i) an interface community as defined in the notice entitled ‘‘Wildland Urban Inter- face Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire’’ issued by the Secretary of Agriculture and the Secretary of the Inte- rior in accordance with title IV of the De- partment of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. Reg. 753, January 4, 2001); or (ii) a group of homes and other struc- tures with basic infrastructure and serv- ices (such as utilities and collectively maintained transportation routes) within or adjacent to Federal land; (B) in which conditions are conducive to a large-scale wildland fire disturbance event; and (C) for which a significant threat to human life or property exists as a result of a wildland fire disturbance event.