§6591e — Title 16 Conservation | U.S. Code

Summary

The law requires the Secretary in charge of a land (the Secretary of Agriculture for National Forest System land, and the Secretary of the Interior for public land) to create, within 1 year after December 20, 2018, a faster, simpler environmental review process for certain vegetation projects that protect, restore, or improve greater sage‑grouse and mule deer habitat. Before using that faster review, the agencies must follow the National Environmental Policy Act and the agencies’ extraordinary‑circumstances rules (36 CFR 220.6 for National Forest System land and 43 CFR 46.215 for public land). The projects must follow existing forest or land use plans, use the best available science, try to retain big and old trees when appropriate, be developed with a transparent collaborative process, and consider landscape‑scale needs and post‑fire restoration. Allowed projects include cutting or removing juniper, pinyon, other conifers, or invasive plants; mechanical treatments, piling and burning, or grazing used to reduce fuels and weeds; seeding or planting native vegetation (and limited nonnative seeding for emergency stabilization); targeted herbicide use that follows laws and plans; temporary removal of wild horses or burros when needed; agreed changes to grazing permits; installing or changing fences and water to help wildlife; and necessary maintenance or short‑term roads. Projects cannot happen in wilderness areas, places where vegetation removal is banned by law or proclamation, inventoried roadless areas, or areas that would conflict with land plans, and they may not build permanent roads or trails. Any temporary road must be short‑term (used no more than 2 years), decommissioned no later than 3 years after it’s no longer needed or the project ends, and native plants must be reestablished as soon as practicable and no later than 10 years after project completion. Each project is limited to 4,500 acres, and National Forest projects are limited to areas designated under section 6591a(b) as of December 20, 2018. A 20‑year monitoring and maintenance plan must be written before work begins, and removed vegetation can be used for fuel wood or other products or piled and burned subject to local rules.

Title 16, §6591e

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)(A)The term “covered vegetation management activity” means any activity described in subparagraph (B) that—

(i)(I)is carried out on National Forest System land administered by the Forest Service; or

(II)is carried out on public land administered by the Bureau of Land Management;

(ii)with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015;

(iii)conforms to an applicable forest plan or land use plan;

(iv)protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in—

(I)Circular 1416 of the United States Geological Survey entitled “Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat—Part 1. Concepts for Understanding and Applying Restoration” (2015); or

(II)the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies;

(v)will not permanently impair—

(I)the natural state of the treated area;

(II)outstanding opportunities for solitude;

(III)outstanding opportunities for primitive, unconfined recreation;

(IV)economic opportunities consistent with multiple-use management; or

(V)the identified values of a unit of the National Landscape Conservation System;

(vi)(I)restores native vegetation following a natural disturbance;

(II)prevents the expansion into greater sage-grouse or mule deer habitat of—

(aa)juniper, pinyon pine, or other associated conifers; or

(bb)nonnative or invasive vegetation;

(III)reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or

(IV)provides emergency stabilization of soil resources after a natural disturbance; and

(vii)provides for the conduct of restoration treatments that—

(I)maximize the retention of old-growth and large trees, as appropriate for the forest type;

(II)consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity;

(III)are developed and implemented through a collaborative process that—

(aa)includes multiple interested persons representing diverse interests; and

(bb)(AA)is transparent and nonexclusive; or

(BB)meets the requirements for a resource advisory committee under subsections (c) through (f) of section 7125 of this title; and

(IV)may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title.

(B)An activity referred to in subparagraph (A) is—

(i)manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation;

(ii)mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;

(iii)removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation;

(iv)collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;

(v)seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization;

(vi)targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans;

(vii)targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;

(viii)temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met;

(ix)in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary concerned to achieve restoration treatment objectives;

(x)installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or

(xi)necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads to accomplish the activities described in this subparagraph.

(C)The term “covered vegetation management activity” does not include—

(i)any activity conducted in a wilderness area or wilderness study area;

(ii)any activity for the construction of a permanent road or permanent trail;

(iii)any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

(iv)any activity conducted in an area in which activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or

(v)any activity conducted in an inventoried roadless area.

(2)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)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)(1)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)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)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)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)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)(1)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)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)(1)A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres.

(2)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.

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.

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