§6592b — Title 16 Conservation | U.S. Code

Summary

Allows certain forest treatments to happen without a full environmental review, if the agency records the decision and creates a supporting memo. Secretary concerned: the Secretary of Agriculture for National Forest System land. Secretary concerned: the Secretary of the Interior for public lands managed by the Bureau of Land Management. The work is to build and keep linear fuel breaks up to 1,000 feet wide next to or using existing lines like roads, water structures, power lines, or pipelines on Federal land to lower wildfire risk on Federal land or protect nearby at-risk communities. Allowed activities include mowing or masticating, manual or mechanical thinning, piling and removing slash, selling vegetation products (timber, firewood, biomass, etc.), targeted grazing, using pesticides/biopesticides/herbicides, seeding native plants, prescribed or broadcast burns, and burning piles. Projects may not run in wilderness areas, places where cutting plants is banned or limited by law or proclamation, wilderness study areas, or where they would conflict with the land management plan. The agency must use the extraordinary circumstances check in 36 CFR 220.6 before using the exclusion. Treatment units may not be larger than 3,000 acres. Projects must be mainly in the wildland-urban interface or public drinking water source areas, or else in high-risk fire areas (Condition Class 2 or 3 in Fire Regime Group I, II, or III with very high hazard), or in insect/disease areas the Secretary designated as of November 15, 2021. Agencies must use the best available science, may not build new permanent roads, may repair existing permanent roads, must close any temporary road within 3 years after the project ends, and must work with state and local governments, Tribes, and interested people while planning the project.

Title 16, §6592b

Conservation — Source: USLM XML via OLRC

(a)In this section, the term “Secretary concerned” means—

(1)the Secretary of Agriculture, with respect to National Forest System land; and

(2)the Secretary of the Interior, with respect to public lands (as defined in section 1702 of title 43) administered by the Bureau of Land Management.

(b)Forest management activities described in subsection (c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the categorical exclusion is documented through a supporting record and decision memorandum.

(c)(1)The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 1702 of title 43) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are—

(A)up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and

(B)intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community.

(2)Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (b) are—

(A)mowing or masticating;

(B)thinning by manual and mechanical cutting;

(C)piling, yarding, and removal of slash or hazardous fuels;

(D)selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts;

(E)targeted grazing;

(F)application of—

(i)pesticide;

(ii)biopesticide; or

(iii)herbicide;

(G)seeding of native species;

(H)controlled burns and broadcast burning; and

(I)burning of piles, including jackpot piles.

(3)A forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted—

(A)in a component of the National Wilderness Preservation System;

(B)on Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation;

(C)in a wilderness study area; or

(D)in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan.

(4)The Secretary concerned shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b).

(d)Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)—

(1)may not contain treatment units in excess of 3,000 acres;

(2)shall be located primarily in—

(A)the wildland-urban interface or a public drinking water source area;

(B)if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or

(C)an insect or disease area designated by the Secretary concerned as of November 15, 2021; and

(3)shall consider the best available scientific information.

(e)(1)A project under this section shall not include the establishment of permanent roads.

(2)The Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.

(3)The Secretary concerned shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.

(f)To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project—

(1)collaboration among State and local governments and Indian Tribes; and

(2)participation of interested persons.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b), 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. Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. Definitions For definition of “Indian Tribe” as used in this section, see section 5304 of Title 25, Indians, as made applicable by section 18701(2) of Title 42, The Public Health and Welfare.

§6592b Establishment of fuel breaks in forests and other wildland vegetation