PRIA, Government Policy, Made Personal

Summary

Require the Secretary to follow the National Environmental Policy Act of 1969 (NEPA) (section 102(2), 42 U.S.C. 4332(2)) and other laws when carrying out hazardous fuel reduction projects. For every project, the Secretary must prepare either an environmental assessment or an environmental impact statement under NEPA. The review must describe the proposed action, the option of doing nothing, and at least one other reasonable alternative that is suggested during scoping or the public collaboration process and that meets the project’s purpose and need under Council on Environmental Quality rules. If many extra alternatives are proposed, the Secretary chooses which to study and must write down why. For projects in the wildland-urban interface, the Secretary only needs to study the proposed action and one alternative. If the project is within 1.5 miles of an at‑risk community, the Secretary may study only the proposed action unless that community has a wildfire protection plan and the proposal does not follow the plan’s basic location and treatment recommendations; then the plan’s recommendations must be evaluated as an alternative. The Secretary must give public notice, hold a nearby public meeting with advance notice, encourage collaboration with state and local governments and tribes consistent with the Implementation Plan, allow public comments during the review, and sign a decision document and notify the public of the final action.

Title 16, §6514

Conservation, Source: USLM XML via OLRC

(a)Authorized hazardous fuel reduction projects

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)Environmental assessment or environmental impact statement

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)Consideration of alternatives

(1)In general

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)Multiple additional alternatives

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)Alternative analysis process for projects in wildland-urban interface

(1)Proposed agency action and 1 action alternative

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)Proposed agency action

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)Proposed agency action and community wildfire protection plan alternative

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)Public notice and meeting

(1)Public notice

The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines.

(2)Public meeting

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)Public collaboration

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)Environmental analysis and public comment

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)Decision document

The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.

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.

§6514 Environmental Analysis