16 U.S.C. § 6592c: Emergency actions

Summary

The Secretary of Agriculture may decide there is an emergency on National Forest System land and take quick steps to protect people, property, or important natural or cultural resources on the forest or nearby land. Authorized emergency action: an action allowed after an emergency finding to reduce harm. Emergency situation: a problem on forest land that needs immediate action to protect people or resources. Emergency situation determination: the Secretary’s decision that an emergency exists. Land and resource management plan: the forest plan required by law. National Forest System land: land that is part of the National Forest System. Secretary: the Secretary of Agriculture. The emergency finding must be based on the facts and cannot be challenged through the usual pre-action objection process. Any emergency action must follow the applicable forest plan. Examples cover nine types of work, such as salvaging or harvesting dead or damaged trees, sanitation cuts for insects or disease, replanting after fire, removing hazardous trees or fuels, restoring water sources or infrastructure, and rebuilding or replacing utility lines and underground cables. If an action needs an environmental assessment or impact statement under 42 U.S.C. 4332(2), the Secretary must prepare the study, describe the action and a no-action alternative, give public notice, and allow public comment. Courts should not block an authorized emergency action unless the plaintiff can show they are likely to win. The Secretary must also notify and guide local Forest Service field offices on using this authority.

Title 16, §6592c

Conservation, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Authorized emergency action

(2)Emergency situation

The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results:

(A)Relief from hazards threatening human health and safety.

(B)Mitigation of threats to natural resources on National Forest System land or adjacent land.

(3)Emergency situation determination

The term “emergency situation determination” means a determination made by the Secretary under subsection (b)(1)(A).

(4)Land and resource management plan

The term “land and resource management plan” means a plan developed under section 1604 of this title.

(5)National Forest System land (6) Secretary

The term “National Forest System land” means land of the National Forest System (as defined in section 1609(a) of this title).

(b)Authorized emergency actions to respond to emergency situations

(1)Determination

(A)In general

The Secretary may make a determination that an emergency situation exists with respect to National Forest System land.

(B)Review

An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations).

(C)Basis of determination

An emergency situation determination shall be based on an examination of the relevant information.

(2)Authorized emergency actions

After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on National Forest System land or adjacent land, including through—

(A)the salvage of dead or dying trees;

(B)the harvest of trees damaged by wind or ice;

(C)the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease;

(D)the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species;

(E)the removal of hazardous trees in close proximity to roads and trails;

(F)the removal of hazardous fuels;

(G)the restoration of water sources or infrastructure;

(H)the reconstruction of existing utility lines; and

(I)the replacement of underground cables.

(3)Relation to land and resource management plans

Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource management plan.

(c)Environmental analysis

(1)Environmental assessment or environmental impact statement

If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 4332(2) of title 42, the Secretary shall study, develop, and describe—

(A)the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent practicable; and

(B)the alternative of no action.

(2)Public notice

The Secretary shall provide notice of each authorized emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines.

(3)Public comment

The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1).

(4)Savings clause

Nothing in this subsection prohibits the Secretary from—

(A)making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or

(B)taking an emergency action under section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations).

(d)Administrative review of authorized emergency actions

An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 6515 of this title and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112–74).

(e)Judicial review of emergency actions

A court shall not enjoin an authorized emergency action under this section if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits.

(f)Notification and guidance

The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for

Construction

, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

§6592c Emergency Actions