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

Summary

The Secretary of Agriculture may declare an emergency on National Forest System land and quickly carry out work to protect people, property, and important natural or cultural resources. The Secretary must base that decision on the relevant information and must follow the land and resource management plan for the area. Allowed emergency actions include things like removing or salvaging dead, damaged, or hazardous trees; treating insect or disease outbreaks; replanting after fire; removing dangerous fuels; fixing water sources and infrastructure; and repairing or replacing utility lines or underground cables. If an action needs an environmental assessment or an environmental impact statement under NEPA, the Secretary must prepare that study, describe the proposed action and the no-action alternative, give notice, and allow public comment. Emergency determinations and emergency actions are not subject to the usual pre-decision objection processes (including 36 CFR part 218 and the review processes under section 6515 and the 2012 appropriations act). A court may not stop an emergency action unless the person suing can show they are likely to win. Defined terms: authorized emergency action — an action done under an emergency determination to reduce harm; emergency situation — a problem on National Forest System land needing immediate action to protect people or natural resources; emergency situation determination — the Secretary’s decision that an emergency exists; land and resource management plan — the forest plan created under law; National Forest System land — land that is part of the National Forest System; Secretary — the Secretary of Agriculture.

Title 16, §6592c

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “authorized emergency action” means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land.

(2)The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results:

(A)Relief from hazards threatening human health and safety.

(B)Mitigation of threats to natural resources on National Forest System land or adjacent land.

(3)The term “emergency situation determination” means a determination made by the Secretary under subsection (b)(1)(A).

(4)The term “land and resource management plan” means a plan developed under section 1604 of this title.

(5)The term “National Forest System land” means land of the National Forest System (as defined in section 1609(a) of this title).

(6)The term “Secretary” means the Secretary of Agriculture.

(b)(1)(A)The Secretary may make a determination that an emergency situation exists with respect to National Forest System land.

(B)An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations).

(C)An emergency situation determination shall be based on an examination of the relevant information.

(2)After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on National Forest System land or adjacent land, including through—

(A)the salvage of dead or dying trees;

(B)the harvest of trees damaged by wind or ice;

(C)the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease;

(D)the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species;

(E)the removal of hazardous trees in close proximity to roads and trails;

(F)the removal of hazardous fuels;

(G)the restoration of water sources or infrastructure;

(H)the reconstruction of existing utility lines; and

(I)the replacement of underground cables.

(3)Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource management plan.

(c)(1)If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 4332(2) of title 42, the Secretary shall study, develop, and describe—

(A)the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent practicable; and

(B)the alternative of no action.

(2)The Secretary shall provide notice of each authorized emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines.

(3)The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1).

(4)Nothing in this subsection prohibits the Secretary from—

(A)making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or

(B)taking an emergency action under section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations).

(d)An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 6515 of this title and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74).

(e)A court shall not enjoin an authorized emergency action under this section if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.

(f)The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section.

Notes & Related Subsidiaries

Editorial Notes

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.

§6592c Emergency actions