Sec. 8303. Application of expedited procedures and activities of the Healthy Forests Restoration Act of 2003 to critical areas

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Subject to subsections

(b)through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act ( 16 U.S.C. 6516 )), shall apply to all Forest Service projects and activities carried out in a critical area. Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects conducted in accordance with this section. In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to Forest Service projects and activities in a critical area, the Secretary shall make the following modifications: The authority shall apply to the entire critical area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act ( 16 U.S.C. 6512(a) ). All projects and activities of the Forest Service, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor regulation)), shall be considered to be authorized hazardous fuel reduction projects for purposes of applying the title. Except as provided in paragraph (2), a project conducted in a critical area in accordance with this section that comprises less than 10,000 acres shall be— considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and exempt from the special administrative review process under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). Paragraph

(1)does not apply to— a component of the National Wilderness Preservation System; any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; a congressionally designated wilderness study area; or an area in which activities under paragraph

(1)would be inconsistent with the applicable land and resource management plan. All projects and activities carried out in a critical area pursuant to this subtitle shall be consistent with the land and resource management plan established under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) for the unit of the National Forest System containing the critical area.

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