Title 16, ConservationRelease 119-110

§6512 Authorized Hazardous Fuel Reduction Projects

Title 16 › CHAPTER 84 — HEALTHY FOREST RESTORATION › SUBCHAPTER I — HAZARDOUS FUEL REDUCTION ON FEDERAL LAND › § 6512

Last updated Sep 22, 2026|Official source

Summary

The Secretary must start authorized hazardous fuel-reduction projects as soon as possible after December 3, 2003. These projects can be done on federal land in wildland-urban interface areas; on condition class 3 lands or certain condition class 2 lands that are close enough to municipal water supplies to threaten water quality if a big fire happens; on federal land damaged by wind, ice, or insect or disease outbreaks that threaten nearby resources; and on federal land with threatened or endangered species habitat if specific protection steps are met. Projects must follow the applicable resource management plan and other rules, must not treat more than 20,000,000 acres total, and may not be done in National Wilderness areas, lands where removing vegetation is banned by law or proclamation, or Wilderness Study Areas. Projects should focus on removing small trees, thinning, building strategic fuel breaks, and using prescribed fire, while keeping large trees whenever appropriate to help stands resist fire. The law defines a few key terms in one line each: Applicable period — either the 2-year period starting December 3, 2003 (or 3 years for plans being revised); Covered project — a fuel-reduction project on the lands listed above; Management direction — the plan rules for old-growth stands; Old growth stand — what those plan rules call old growth. For covered projects, the Secretary must keep or restore old-growth structure and large trees to the pre-fire-suppression conditions for that forest type, follow newer management direction made on or after December 15, 1993, and review older direction during the applicable period (and stop work in stands identified as old growth if that review is not finished until it is done or the 20,000,000-acre limit is reached). The Secretary must monitor a representative sample of projects by region and State Office, issue reports not later than 5 years after December 3, 2003 and every 5 years after that with evaluations and recommendations, encourage multiparty monitoring with diverse stakeholders (including tribes), use contracts or grants for data collection when helpful, track acres burned by severity for large wildfires, and set up a process to monitor and maintain treated areas over time.

Full Legal Text

Title 16, §6512

Conservation, Source: USLM XML via OLRC

(a)Authorized projects
As soon as practicable after December 3, 2003, the Secretary shall implement authorized hazardous fuel reduction projects, consistent with the Implementation Plan, on—
(1)Federal land in wildland-urban interface areas;
(2)condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(3)condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(4)Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the presence of such an epidemic on immediately adjacent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and
(5)Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if—
(A)natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species in a species recovery plan prepared under section 1533 of this title, or a notice published in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat;
(B)the authorized hazardous fuel reduction project will provide enhanced protection from catastrophic wildfire for the endangered species, threatened species, or habitat of the endangered species or threatened species; and
(C)the Secretary complies with any applicable guidelines specified in any management or recovery plan described in subparagraph (A).
(b)Relation to agency plans
An authorized hazardous fuel reduction project shall be conducted consistent with the resource management plan and other relevant administrative policies or decisions applicable to the Federal land covered by the project.
(c)Acreage limitation
Not more than a total of 20,000,000 acres of Federal land may be treated under authorized hazardous fuel reduction projects.
(d)Exclusion of certain Federal land (e) Old growth stands
The Secretary may not conduct an authorized hazardous fuel reduction project that would occur on—
(1)a component of the National Wilderness Preservation System;
(2)Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or
(3)a Wilderness Study Area.
(f)Large tree retention
(1)In general
Except in old growth stands where the management direction is consistent with subsection (e)(2), the Secretary shall carry out a covered project in a manner that—
(A)focuses largely on small diameter trees, thinning, strategic fuel breaks, and prescribed fire to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and
(B)maximizes the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands.
(2)Wildfire risk
Nothing in this subsection prevents achievement of the purposes described in section 6501(1) of this title.
(g)Monitoring and assessing forest and rangeland health
(1)In general
For each Forest Service administrative region and each Bureau of Land Management State Office, the Secretary shall—
(A)monitor the results of a representative sample of the projects authorized under this subchapter for each management unit; and
(B)not later than 5 years after December 3, 2003, and each 5 years thereafter, issue a report that includes—
(i)an evaluation of the progress towards project goals; and
(ii)recommendations for modifications to the projects and management treatments.
(2)Consistency of projects with recommendations
An authorized hazardous fuel reduction project approved following the issuance of a monitoring report shall, to the maximum extent practicable, be consistent with any applicable recommendations in the report.
(3)Similar vegetation types
The results of a monitoring report shall be made available for use (if appropriate) in an authorized hazardous fuels reduction project conducted in a similar vegetation type on land under the jurisdiction of the Secretary.
(4)Monitoring and assessments
Monitoring and assessment shall include a description of the changes in condition class, using the Fire Regime Condition Class Guidebook or successor guidance, specifically comparing end results to—
(A)pretreatment conditions;
(B)historical fire regimes; and
(C)any applicable watershed or landscape goals or objectives in the resource management plan or other relevant direction.
(5)Multiparty monitoring
(A)In general
In an area where significant interest is expressed in multiparty monitoring, the Secretary shall establish a multiparty monitoring, evaluation, and accountability process in order to assess the positive or negative ecological and social effects of authorized hazardous fuel reduction projects and projects conducted pursuant to section 6554 of this title.
(B)Diverse stakeholders
The Secretary shall include diverse stakeholders (including interested citizens and Indian tribes) in the process required under subparagraph (A).
(C)Funding
Funds to carry out this paragraph may be derived from operations funds for projects described in subparagraph (A).
(6)Collection of monitoring data
The Secretary may collect monitoring data by entering into cooperative agreements or contracts with, or providing grants to, small or micro-businesses, cooperatives, nonprofit organizations, Youth Conservation Corps work crews, or related State, local, and other non-Federal conservation corps.
(7)Tracking
For each administrative unit, the Secretary shall track acres burned, by the degree of severity, 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 6512

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110