Title 16ConservationRelease 119-73

§6514 Environmental analysis

Title 16 › Chapter CHAPTER 84— - HEALTHY FOREST RESTORATION › Subchapter SUBCHAPTER I— - HAZARDOUS FUEL REDUCTION ON FEDERAL LAND › § 6514

Last updated Apr 6, 2026|Official source

Summary

The Secretary must do an environmental review under the National Environmental Policy Act (NEPA) for every authorized hazardous fuel reduction project. For each project the Secretary must prepare either an environmental assessment or an environmental impact statement. The review must describe the planned action, the choice of doing nothing, and one extra action alternative if that alternative is suggested during scoping or the local collaboration and it fits the project’s purpose and need. If more than one extra alternative is suggested, the Secretary picks which one to study and writes down why. For projects in the wildland‑urban interface, the review only needs the planned action and one action alternative. If the project is within 1.5 miles of an at‑risk community, the Secretary may treat only the planned action with no alternatives, unless the community has a community wildfire protection plan and the project does not follow that plan’s recommendations about the general location or basic treatment method; then the Secretary must evaluate those plan recommendations as an alternative. The Secretary must give notice of projects, hold a nearby public meeting with advance notice, encourage collaboration with state, local, and tribal governments and interested people under the Implementation Plan, allow public comment under NEPA rules, and issue a signed decision and notice of the final action.

Full Legal Text

Title 16, §6514

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(a)Except as otherwise provided in this subchapter, 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)The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each authorized hazardous fuel reduction project.
(c)(1)Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe—
(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 collaborative process under subsection (f); and
(ii)meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality.
(2)If more than 1 additional alternative is proposed 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)(1)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 Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(2)Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be conducted in the wildland-urban interface is located no further than 1½ miles from the boundary of an at-risk community, the Secretary is not required to study, develop, or describe any alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(3)In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a community wildfire protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(e)(1)The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines.
(2)During the preparation stage of each authorized hazardous fuel reduction project, the Secretary shall—
(A)conduct a public meeting at an appropriate location proximate to the administrative 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)In order to encourage meaningful public participation during preparation of authorized hazardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the Implementation Plan.
(g)In accordance with section 102(2) of the National 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 assessment or environmental impact statement for an authorized hazardous fuel reduction project.
(h)The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred 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 Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 6514

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73