Sec. 206. Consideration of resource conditions for extraordinary circumstances
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In this section, the term beneficial effect means long-term— improvement in ecological or hydrological function and health; improvement in forest health; reduction in the risk of catastrophic fire; or protection of watersheds. Except as provided in subsection (c), the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), shall apply to a proposal for— a forest management activity that is categorically excluded under this title from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or a project that is categorically excluded under section 603(a)(1) of the Healthy Forests Restoration Act of 2013 ( 16 U.S.C. 6591b(a)(1) ) from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
In determining whether extraordinary circumstances exist relating to a proposal described in subsection (b), or in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) relating to a proposal for a forest management activity, the Secretary shall consider the beneficial effect of the proposed action on sensitive species. Uncertainty of the Secretary with respect to the degree of a beneficial effect under paragraph
(1)shall not preclude the use of a categorical exclusion.
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Sec. 206
Consideration of resource conditions for extraordinary circumstances
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