Sec. 203. Environmental analysis

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For each proposed eligible wildfire prevention project, the Secretary concerned shall— study, develop, and describe the proposed action and the no action alternative; and prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). Except as provided in subsection (b), the Secretary concerned is not required to study, develop, or describe any alternative actions, other than the no action alternative, to the proposed agency action.

An environmental assessment prepared for a proposed eligible wildfire prevention project shall be completed within 60 days of the commencement of preparation of the assessment. An environmental impact statement prepared for a proposed eligible wildfire prevention project shall be completed within 90 days of the commencement of preparation of the environmental impact statement. The proposed eligible wildfire prevention project shall be deemed compliant with all requirements of the National Environmental Policy Act of 1969 if the Secretary concerned fails to meet the specified deadline.

The environmental assessment of an authorized practice utilized in an eligible wildfire prevention project shall be deemed sufficient for a minimum of— 10 years in the case of a livestock grazing project; or 20 years in the case of a timber harvest project. If an eligible wildfire prevention project, located in a at-risk area, involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or communications infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, that project is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the project will otherwise be conducted consistent with the relevant agency or department’s procedures and the applicable land and resource management plan or land use plan.

Except as otherwise provided in this Act, the Secretary concerned shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other applicable laws in planning and conducting an eligible wildfire prevention project. The informal consultation requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as codified in section 402.05 of title 50, Code of Federal Regulations shall apply to an eligible wildfire prevention project.

Compliance with this section shall be deemed to satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ), section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ). The Secretary concerned, pursuant to section 1506.11 of title 40, Code of Federal Regulations, shall request the Council on Environmental Quality to develop and approve alternative arrangements for the proposed wildfire prevention project if— the county in which the proposed eligible wildfire prevention project is to be carried out declares a state of emergency because of wildfire or the threat of wildfire in consultation with the State Forester or equivalent State official of the State containing the county; and a categorical exclusion is unavailable for a proposed eligible wildfire prevention project.

When requesting alternative arrangements under paragraph (1), the Secretary concerned shall transmit to the Council on Environmental Quality the following information: A description of the proposed eligible project. The condition of forest fuels within or near the proposed eligible wildfire prevention project. The threat to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire that the proposed eligible project is to relieve.

The degree to which delaying the implementation of the proposed eligible project will increase the risk of serious harm to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire. Any other information the Secretary concerned determines relevant. Not later than 15 days after receipt of a request under paragraph

(1)for approval of alternative arrangements for a proposed eligible wildfire prevention project, the Council on Environmental Quality shall submit to the Secretary concerned the alternative arrangements under which the Secretary may proceed immediately and to completion of the proposed wildfire prevention project. If the Council on Environmental Quality fails to comply with the deadline in subparagraph (A), the Secretary concerned shall proceed immediately and to completion of the proposed eligible wildfire prevention project notwithstanding any other provision of law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et seq.). Actions under this subsection shall not be subject to— the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (the Appeals Reform Act; 16 U.S.C. 1612 note); and judicial review by any court of the United States.

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