§6513 — Title 16 Conservation | U.S. Code

Summary

The Secretary must make an annual work plan for federal land that gives priority to hazardous fuel reduction projects that protect at-risk communities, protect watersheds, or carry out community wildfire protection plans (CWPPs). The Secretary must consider recommendations from at-risk communities with CWPPs. Federal personnel rules under chapter 10 of title 5 do not apply to CWPP planning and recommendations. Helping to develop a CWPP or its recommendations is not treated as a federal action under the National Environmental Policy Act (NEPA), but when the Secretary carries out fuel reduction projects on federal land, those projects must follow NEPA. At least 50 percent of the funds for these projects must be used in the wildland-urban interface at the national level, though the Secretary may shift funds within local units as needed. For projects with a decision notice issued during the 1-year period starting December 3, 2003, older definitions of “wildland-urban interface” apply. When funding hazardous fuel work on non-Federal land, the Secretary must consider CWPP recommendations and should prioritize communities with CWPPs or that encourage property owners to reduce fire risk. Definitions: “hazardous fuel reduction project” — a project that reduces dangerous vegetation fuels; “non-Federal land” — includes State, county, Tribal, private, and other non-Federal land. The Secretary may give grants to State foresters for cross-boundary fuel projects that match state priorities and are agreed to with the Regional Forester. The Secretary can use cooperation and assistance authorities, including the “good neighbor” authority. State foresters must consult landowners and get owner consent before doing grant-funded work on non-Federal land. There is $20,000,000 authorized each fiscal year for 2019 through 2023 to carry out these grant activities.

Title 16, §6513

Conservation — Source: USLM XML via OLRC

(a)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 communities or watersheds or that implement community wildfire protection plans.

(b)(1)The Secretary shall consider recommendations under subsection (a) that are made by at-risk communities that have developed community wildfire protection plans.

(2)Chapter 10 of title 5 shall not apply to the planning process and recommendations concerning community wildfire protection plans.

(c)(1)Federal agency involvement in developing a community wildfire protection plan, or a recommendation made in a community wildfire protection plan, shall not be considered a Federal agency action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)In implementing authorized hazardous fuel reduction projects on Federal land, the Secretary shall, in accordance with section 6514 of this title, comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(d)(1)(A)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)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 subparagraph (A) within individual management units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title.

(C)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)(A)In providing financial assistance under any provision of law for hazardous fuel reduction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have developed community wildfire protection plans.

(B)In allocating funding under this paragraph, the Secretary should, to the maximum extent practicable, give priority to communities that have adopted a community wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on private property.

(e)(1)In this subsection:

(A)The term “hazardous fuel reduction project” means a hazardous fuel reduction project described in paragraph (2).

(B)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)The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes 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 mutually agreed to by the State forester and the Regional Forester.

(3)To conduct and fund treatments for hazardous 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 Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291).

(4)In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in consultation with the Secretary—

(A)shall consult with any applicable owners of the non-Federal land; and

(B)shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land.

(5)There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred 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 Welfare. 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 Committee Act (5 U.S.C. App.)”. 2018—Subsec. (e). Pub. L. 115–334 added subsec. (e).

§6513 Prioritization