Sec. 8320. Categorical exclusion for special use authorizations
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Forest management activities described in subsection
(b)are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). The category of forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary of Agriculture on National Forest System lands where the primary purpose of such activity is: Issuance of a new special use authorization for an existing or expired special use authorization, without any substantial change in the scope and scale of the authorized use and occupancy when— the issuance is a purely ministerial action to account for administrative changes, such as a change in ownership or expiration of the current authorization; and the applicant or holder is in compliance with the terms and conditions of the existing or expired special use authorization. Modification, removal, repair, maintenance, reconstruction, or replacement of a facility or improvement for an existing special use authorization. Issuance of a new special use authorization or amendment to an existing special use authorization for activities that will occur on existing roads, trails, facilities, or areas approved for use in a land management plan or other documented decision. Approval, modification, or continuation of minor, short-term (5 years or less) special uses of National Forest System lands or public lands. Issuance of a special use authorization for an existing unauthorized use or occupancy that has not been deemed in trespass where no new ground disturbance is proposed. Approval or modification of minor special uses of National Forest System lands or public lands that require less than 20 contiguous acres. Approval of vegetative management plans, and vegetation management activities in accordance with an approved vegetation management plan, under a special use authorization for an electric transmission and distribution facility right-of-way. On and after the date of the enactment of this Act, the Secretary of Agriculture may use the categorical exclusion established under subsection
(a)in accordance with this section. The Secretary of Agriculture shall not be required to prepare a project file or decision memorandum to categorically exclude a forest management activity described under paragraphs
(1)through
(4)of subsection (b).
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Sec. 8320
Categorical exclusion for special use authorizations
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