Sec. 104. Environmental analysis process for covered active management projects
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Except in the case of a covered active management project for which a categorical exclusion is available under subsection
(e)or a Forest Active Management Area for which a programmatic environmental impact statement is in effect under subsection (f), the Secretary shall— publish advance notice of each covered active management project proposed to be conducted within a Forest Active Management Area; and complete an environmental assessment pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for the proposed covered active management project. The Secretary is not required to study, develop, or describe any alternative to the proposed agency action. The Secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered active management project combined with the impacts of any other projects that were approved with a Decision Notice or Record of Decision before the date on which the Secretary published notice of the proposed covered project. The cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions. The decision notice for a covered active management project shall be considered a final agency action and no additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq.) shall be required to implement any portion of the covered project. A covered active management project described in paragraph
(2)is categorically excluded from the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq.). The categorical exclusion granted by paragraph
(1)applies with respect to a covered active management project that— is prepared using a collaborative process; and covers an area of 10,000 acres or less. In lieu of preparing an environmental assessment on a covered project-by-covered project basis under this section, the Secretary may prepare a draft and final programmatic environmental impact statement applicable to all or a portion of a Forest Active Management Area. The programmatic environmental impact statement shall be prepared utilizing a collaborative process.
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Sec. 104
Environmental analysis process for covered active management projects
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