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Code · BILL · 113th Congress · S. 1966 (Introduced in Senate) — To provide for the restoration of the economic and ecological health of National Forest System land and rural communi... · Sec. 4

Sec. 4. Projects in Forest Management Emphasis Areas

656 words·~3 min read·/bill/113/s/1966/is/section-4

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The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs
(2)through (4). Notwithstanding section 14(g) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(g) ), the Secretary may use designation by prescription or designation by description in conducting covered projects under this Act. The designation methods authorized under subparagraph
(A)shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. Timber sale contracts under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall be the primary means of carrying out covered projects under this Act. If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) to carry out a covered project under this Act, the Secretary shall provide a written record specifying the reasons that different contracting methods were used. The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). The Secretary shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a Forest Management Emphasis Area, except that the Secretary shall not be required to study, develop, or describe more than the proposed agency action and 1 alternative to the proposed agency action for purposes of that Act. In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide— public notice of the covered project; and an opportunity for public comment on the covered project. The environmental assessment prepared for a covered project under paragraph
(1)shall not exceed 100 pages in length. The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. To comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary shall use qualified professionals on the staff of the Forest Service to make determinations required under section 7 of that Act ( 16 U.S.C. 1536 ). The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ), reduce the acres designated as suitable for timber harvest under a covered project, unless the Secretary determines, in consultation with the Secretary of the Interior, that the reduction in acreage is necessary to prevent a jeopardy finding under section 7(b) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b) ).
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cites case law
Sec. 4
Projects in Forest Management Emphasis Areas
U.S.C.§ 472a
U.S.C.§ 4321
U.S.C.§ 1531
U.S.C.§ 1536
U.S.C.§ 1604
Cites 5Cited by 0 across 0 sources
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