Sec. 3. Categorical exclusions
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/bill/115/s/1731/is/section-3A 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 to conduct a forest management activity the purpose of which is the creation of an early seral habitat forest. A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat. A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland, including— the incidental removal of trees for landings, skid trails, and road clearing; and the construction of a temporary road that is not longer than 1 mile to carry out that commercial thinning.
A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the salvage of trees that are dead, dying, or both, and were damaged by wind, an ice storm, fire, or another event, including— the incidental removal of trees for landings, skid trails, and road clearing; and the construction of a temporary road that is not longer than 1 mile to carry out that salvage of trees. Forest management activities using the categorical exclusions under each of paragraphs
(1)through
(4)of subsection
(a)may be conducted on not more than 10,000 acres of National Forest System land for each categorical exclusion. The Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use a categorical exclusion under subsection (a). In carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans. The Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection
(a)or any other provision of law (including regulations). Section 602(f) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a(f) ) is amended by striking each of fiscal years 2014 through 2024. and inserting each fiscal year. . Section 603 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b ) is amended— in subsection (a), in the matter preceding paragraph (1), by striking described in subsection
(b); by striking subsection (b); by redesignating subsections
(c)through
(g)as subsections
(b)through (f), respectively; and in subsection
(b)(as so redesignated)— in paragraph (1), by striking 3000 and inserting 10,000 ; and in paragraph (2), by striking shall be in the matter preceding subparagraph
(A)and all that follows through the period at the end of subparagraph
(B)and inserting may be carried out in any area designated under section 602(b), including areas in Fire Regime Groups IV and V. .
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