Title 16, ConservationRelease 119-110

§6554 Applied Silvicultural Assessments

Title 16 › CHAPTER 84 — HEALTHY FOREST RESTORATION › SUBCHAPTER IV — INSECT INFESTATIONS AND RELATED DISEASES › § 6554

Last updated Sep 22, 2026|Official source

Summary

Lets the Secretary carry out studies and small management tests on federal forests that are infested with, or at risk from, harmful insects to gather information and do research. These activities must not take place in National Wilderness areas, places where laws or presidential orders ban cutting or removing plants, congressionally designated wilderness study areas, or anywhere that would conflict with the land’s management plan. The use of insecticides is not allowed in municipal watersheds or their nearby riparian areas. Before any study or treatment starts, scientific experts chosen by the Secretary must review the plan, and at least some reviewers must be non‑Federal scientists; existing review systems can be used if they meet that requirement. The public must be notified and given a chance to comment before work begins. For paperwork under NEPA, a single assessment or treatment of up to 1,000 acres can be exempted from full environmental studies, but such exempt areas cannot be next to another exempt area being treated the same way, must follow the “extraordinary circumstances” rules in 40 C.F.R. 1508.4, and the total exempted acreage cannot exceed 250,000 acres. For these exempted projects, the Secretary does not have to make findings about significant environmental effects.

Full Legal Text

Title 16, §6554

Conservation, Source: USLM XML via OLRC

(a)Assessment efforts
For information gathering and research purposes, the Secretary may conduct applied silvicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects.
(b)Limitations
(1)Exclusion of certain areas
Subsection (a) does not apply to—
(A)a component of the National Wilderness Preservation System;
(B)any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
(C)a congressionally-designated wilderness study area; or
(D)an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.
(2)Certain treatment prohibited
Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas.
(3)Peer review
(A)In general
Before being carried out, each applied silvicultural assessment under this subchapter shall be peer reviewed by scientific experts selected by the Secretary, which shall include non-Federal experts.
(B)Existing peer review processes
The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A).
(c)Public notice and comment
(1)Public notice
The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section.
(2)Public comment
The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section.
(d)Categorical exclusion
(1)In general
Applied silvicultural assessment and research treatments carried out under this section on not more than 1,000 acres for an assessment or treatment may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2)Administration
Applied silvicultural assessments and research treatments categorically excluded under paragraph (1)—
(A)shall not be carried out in an area that is adjacent to another area that is categorically excluded under paragraph (1) that is being treated with similar methods; and
(B)shall be subject to the extraordinary circumstances procedures established by the Secretary pursuant to section 1508.4 of title 40, Code of Federal Regulations.
(3)Maximum categorical exclusion
The total number of acres categorically excluded under paragraph (1) shall not exceed 250,000 acres.
(4)No additional findings required
In accordance with paragraph (1), the Secretary shall not be required to make any findings as to whether an applied silvicultural assessment project, either individually or cumulatively, has a significant effect on the environment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (d)(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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 6554

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110