16 U.S.C. § 6513 — Prioritization

Page 2604 TITLE 16—CONSERVATION § 6513 verity, by large wildfires (as defined by the Secretary). (8) Monitoring and maintenance of treated areas The Secretary shall, to the maximum extent practicable, develop a process for monitoring the need for maintenance of treated areas, over time, in order to preserve the forest health benefits achieved. (Pub. L. 108–148, title I, § 102, Dec. 3, 2003, 117 Stat. 1892.) § 6513. Prioritization (a) In general In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk com- munities or watersheds or that implement com- munity wildfire protection plans. (b) Collaboration (1) In general The Secretary shall consider recommenda- tions under subsection (a) that are made by at- risk communities that have developed commu- nity wildfire protection plans. (2) Exemption Chapter 10 of title 5 shall not apply to the planning process and recommendations con- cerning community wildfire protection plans. (c) Administration (1) In general Federal agency involvement in developing a community wildfire protection plan, or a rec- ommendation made in a community wildfire protection plan, shall not be considered a Fed- eral agency action under the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Compliance In implementing authorized hazardous fuel reduction projects on Federal land, the Sec- retary shall, in accordance with section 6514 of this title, comply with the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (d) Funding allocation (1) Federal land (A) In general Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildland-urban interface. (B) Applicability and allocation The funding allocation in subparagraph (A) shall apply at the national level. The Secretary may allocate the proportion of funds differently than is required under sub- paragraph (A) within individual manage- ment units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title. (C) Wildland-urban interface In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on December 3, 2003, the Secretary shall use existing definitions of the term ‘‘wildland- urban interface’’ rather than the definition of that term provided under section 6511 of this title. (2) Non-Federal land (A) In general In providing financial assistance under any provision of law for hazardous fuel re- duction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have de- veloped community wildfire protection plans. (B) Priority In allocating funding under this para- graph, the Secretary should, to the max- imum extent practicable, give priority to communities that have adopted a commu- nity wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on pri- vate property. (e) Cross-boundary hazardous fuel reduction projects (1) Definitions In this subsection: (A) Hazardous fuel reduction project The term ‘‘hazardous fuel reduction project’’ means a hazardous fuel reduction project described in paragraph (2). (B) Non-Federal land The term ‘‘non-Federal land’’ includes— (i) State land; (ii) county land; (iii) Tribal land; (iv) private land; and (v) other non-Federal land. (2) Grants The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in land- scapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State- wide forest resource assessments or strategies under section 2101a(a) of this title, as mutu- ally agreed to by the State forester and the Regional Forester. (3) Land treatments To conduct and fund treatments for haz- ardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under— (A) section 2113a of this title; and (B) section 331 of the Department of the In- terior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291). 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—