Title 16ConservationRelease 119-73not60

§6554 Applied Silvicultural Assessments

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary may carry out applied silvicultural assessments on Federal land when that land is at risk of, or already has, insects that damage forests. These assessments cannot happen in parts of the National Wilderness Preservation System, on Federal land where law or a Presidential proclamation bars removing plants, in congressionally‑designated wilderness study areas, or where such work would clash with the land and resource management plan. The use of insecticides is not allowed in municipal watersheds or their nearby stream areas. Each assessment must be reviewed beforehand by scientific experts chosen by the Secretary, and those experts must include non‑Federal scientists. The Secretary must give notice and allow public comment before starting an assessment. Treatments tied to these assessments that cover no more than 1,000 acres each may be excluded from formal NEPA impact documents. Such excluded areas cannot border another excluded area that is being treated the same way, must follow the Secretary’s extraordinary‑circumstances rules under 40 C.F.R. §1508.4, and the total acreage excluded this way cannot exceed 250,000 acres. The Secretary is not required to make findings about whether an excluded project has a significant environmental effect.

Full Legal Text

Title 16, §6554

Conservation — Source: USLM XML via OLRC

(a)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)(1)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)Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas.
(3)(A)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)The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A).
(c)(1)The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section.
(2)The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section.
(d)(1)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)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)The total number of acres categorically excluded under paragraph (1) shall not exceed 250,000 acres.
(4)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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60