Title 16, ConservationRelease 119-110

§6591e Categorical Exclusion for Greater Sage-grouse and Mule Deer Habitat

Title 16 › CHAPTER 84 — HEALTHY FOREST RESTORATION › SUBCHAPTER VI — MISCELLANEOUS › § 6591e

Last updated Sep 22, 2026|Official source

Summary

Creates a fast approval process under environmental law for certain habitat work on Forest Service or BLM land to protect, restore, or improve greater sage-grouse and mule deer habitat. The agencies had to create this shortcut within 1 year after December 20, 2018. Any use of the shortcut must still follow NEPA and each agency’s rules for “extraordinary circumstances.” If a project is inside the range of both species, it must help both at the same time. Before work starts, a 20-year monitoring and maintenance plan must be made. Projects cannot be larger than 4,500 acres. Temporary roads used for the work can be used for no more than 2 years and must be closed within 3 years after they are no longer needed or the project finishes, and native plants must be reestablished as soon as possible but no later than 10 years. Vegetation cut during work can be used for firewood, other products, piled, or burned when allowed. Covered vegetation management activity — work on Forest Service or BLM land that follows land plans and aims to protect, restore, or improve sage‑grouse or mule deer habitat; examples include cutting or removing conifers and invasive plants, mechanical treatments, controlled burns, seeding or planting, targeted herbicide use, targeted grazing, fence or water improvements, temporary removal of wild horses, and needed road work; it excludes work in wilderness, inventoried roadless areas, places where Congress or a proclamation bans cutting, and building permanent roads. Secretary concerned — the Secretary of Agriculture for National Forest lands and the Secretary of the Interior for public lands. Temporary road — a short‑term road authorized for the project, not meant to be permanent, built and managed to reduce erosion and invasive species.

Full Legal Text

Title 16, §6591e

Conservation, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Covered vegetation management activity
(2)Secretary concerned
The term “Secretary concerned” means—
(A)the Secretary of Agriculture, with respect to National Forest System land; and
(B)the Secretary of the Interior, with respect to public land.
(3)Temporary road
The term “temporary road” means a road that is—
(A)authorized—
(i)by a contract, permit, lease, other written authorization; or
(ii)pursuant to an emergency operation;
(B)not intended to be part of the permanent transportation system of a Federal department or agency;
(C)not necessary for long-term resource management;
(D)designed in accordance with standards appropriate for the intended use of the road, taking into consideration—
(i)safety;
(ii)the cost of transportation; and
(iii)impacts to land and resources; and
(E)managed to minimize—
(i)erosion; and
(ii)the introduction or spread of invasive species.
(b)Categorical exclusion
(1)In general
Not later than 1 year after December 20, 2018, the Secretary concerned shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer.
(2)Administration
In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall—
(A)comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B)with respect to National Forest System land, apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion;
(C)with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and
(D)consider—
(i)the relative efficacy of landscape-scale habitat projects;
(ii)the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and
(iii)the need for habitat restoration activities after wildfire or other natural disturbances.
(c)Implementation of covered vegetative management activities within the range of greater sage-grouse and mule deer
If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management activity in an area within the range of both greater sage-grouse and mule deer, the covered vegetative management activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer.
(d)Long-term monitoring and maintenance
Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary concerned shall develop a long-term monitoring and maintenance plan, covering at least the 20-year period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity.
(e)Disposal of vegetative material
Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may be—
(1)used for—
(A)fuel wood; or
(B)other products; or
(2)piled or burned, or both.
(f)Treatment for temporary roads
(1)In general
Notwithstanding subsection (a)(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical exclusion under subsection (b)—
(A)shall be used by the Secretary concerned for the covered vegetation management activity for not more than 2 years; and
(B)shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date on which—
(i)the temporary road is no longer needed; and
(ii)the project is completed.
(2)Requirement
A treatment under paragraph (1) shall include reestablishing native vegetative cover—
(A)as soon as practicable; but
(B)not later than 10 years after the date of completion of the applicable covered vegetation management activity.
(g)Limitations
(1)Project size
A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres.
(2)Location
A covered vegetation management activity carried out on National Forest System land that is covered by the categorical exclusion under subsection (b) shall be limited to areas designated under section 6591a(b) of this title, as of December 20, 2018.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(A), 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. § 6591e

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110