Sec. 106. Categorical exclusion to improve, restore, and reduce the risk of wildfire
295 words·~1 min read·
/bill/114/s/2012/eah/section-106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A categorical exclusion is available to the Secretary concerned to carry out a forest management activity described in subsection
(c)on National Forest System Lands or public lands when the primary purpose of the activity is to improve, restore, or reduce the risk of wildfire on those lands. A forest management activity covered by the categorical exclusion granted by subsection
(a)may not exceed 5,000 acres. The following activities may be carried out using a categorical exclusion granted by subsection (a): Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. Performance of hazardous fuels management. Creation of fuel and fire breaks. Modification of existing fences in order to distribute livestock and help improve wildlife habitat. Installation of erosion control devices. Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species. Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity. In this section: The term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire. The term late-season grazing means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. The term targeted livestock grazing means grazing used for purposes of hazardous fuel reduction.