Sec. 211. South Fork Trinity-Mad River Restoration Area
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In this section: The term collaboratively developed means projects that are developed and implemented through a collaborative process that— includes— appropriate Federal, State, and local agencies; and multiple interested persons representing diverse interests; and is transparent and nonexclusive. The term plantation means a forested area that has been artificially established by planting or seeding. The term restoration means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.
The term restoration area means the South Fork Trinity-Mad River Restoration Area, established by subsection (b). The term shaded fuel break means a vegetation treatment that effectively addresses all project-generated slash and that retains: adequate canopy cover to suppress plant regrowth in the forest understory following treatment; the longest lived trees that provide the most shade over the longest period of time; the healthiest and most vigorous trees with the greatest potential for crown-growth in plantations and in natural stands adjacent to plantations; and all mature hardwoods, when practicable.
The term stewardship contract means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ). The term wildland-urban interface has the meaning given the term by section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 729,089 acres of Federal land administered by the Forest Service and approximately 1,280 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the map entitled South Fork Trinity-Mad River Restoration Area—Proposed and dated July 3, 2018, to be known as the South Fork Trinity-Mad River Restoration Area.
The purposes of the restoration area are to— establish, restore, and maintain fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate; protect late successional reserves; enhance the restoration of Federal lands within the restoration area; reduce the threat posed by wildfires to communities within the restoration area; protect and restore aquatic habitat and anadromous fisheries; protect the quality of water within the restoration area; and allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area.
The Secretary shall manage the restoration area— in a manner consistent with the purposes described in subsection (c); in a manner that— in the case of the Forest Service, prioritizes restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties; and in the case of the United States Fish and Wildlife Service, establishes with the Forest Service an agreement for cooperation to ensure timely completion of consultation required by section 7 of the Endangered Species Act ( 15 U.S.C. 1536 ) on restoration projects within the restoration area and agreement to maintain and exchange information on planning schedules and priorities on a regular basis; in accordance with— the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management; this title; and any other applicable law (including regulations); and in a manner consistent with congressional intent that consultation for restoration projects within the restoration area is completed in a timely and efficient manner.
The establishment of the restoration area shall not change the management status of any land or water that is designated wilderness or as a wild and scenic river, including lands and waters designated by this title. If there is a conflict between the laws applicable to the areas described in subparagraph
(A)and this section, the more restrictive provision shall control. The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c). The Secretary shall prioritize restoration activities within the restoration area. Nothing in this section shall limit the Secretary’s ability to plan, approve, or prioritize activities outside of the restoration area. Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section. The Secretary may use prescribed burning and managed wildland fire to the fullest extent practicable to achieve the purposes of this section. To the extent practicable, the Secretary shall decommission unneeded National Forest System roads identified for decommissioning and unauthorized roads identified for decommissioning within the restoration area— subject to appropriations; consistent with the analysis required by subparts A and B of part 212 of title 36, Code of Federal Regulations; and in accordance with existing law. In making determinations regarding road decommissioning under subparagraph (A), the Secretary shall consult with— appropriate State, Tribal, and local governmental entities; and members of the public. As used in subparagraph (A), the term decommission means— to reestablish vegetation on a road; and to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. Subject to subparagraphs (B), (C), and (D), the Secretary may conduct vegetation management projects in the restoration area only where necessary to— maintain or restore the characteristics of ecosystem composition and structure; reduce wildfire risk to communities by promoting forests that are fire resilient; improve the habitat of threatened, endangered, or sensitive species; protect or improve water quality; or enhance the restoration of lands within the restoration area. In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment of a network of shaded fuel breaks within— the portions of the wildland-urban interface that are within 150 feet from private property contiguous to Federal land; 150 feet from any road that is open to motorized vehicles as of the date of enactment of this Act— except that, where topography or other conditions require, the Secretary may establish shaded fuel breaks up to 275 feet from a road so long as the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; and provided that the Secretary shall include vegetation treatments within a minimum of 25 feet of the road where practicable, feasible, and appropriate as part of any shaded fuel break; or 150 feet of any plantation. The Secretary may undertake vegetation management projects— in areas within the restoration area in which fish and wildlife habitat is significantly compromised as a result of past management practices (including plantations); and within designated riparian reserves only where necessary to maintain the integrity of fuel breaks and to enhance fire resilience. The Secretary shall carry out vegetation management projects within the restoration area— in accordance with— this section; and existing law (including regulations); after providing an opportunity for public comment; and subject to appropriations. The Secretary shall use the best available science in planning and implementing vegetation management projects within the restoration area. The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue— subject to— such reasonable regulations, policies, and practices as the Secretary considers necessary; and applicable law (including regulations); and in a manner consistent with the purposes described in subsection (c). The Secretary may issue annual targeted grazing permits for the grazing of livestock in the restoration area, where not established before the date of the enactment of this Act, to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or to provide other ecological benefits subject to— such reasonable regulations, policies, and practices as the Secretary considers necessary; and a manner consistent with the purposes described in subsection (c). The Secretary shall use the best available science when determining whether to issue targeted grazing permits within the restoration area. Subject to valid existing rights, the restoration area is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing or mineral materials. To the maximum extent practicable, the Secretary shall— use stewardship contracts to implement this section; and use revenue derived from such stewardship contracts for restoration and other activities within the restoration area which shall include staff and administrative costs to support timely consultation activities for restoration projects. In developing and implementing restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area. A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects set forth in sections 214, 215, and 216 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514–6516 ), as applicable. The Secretary of Agriculture shall— in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and incorporate the monitoring results into the management of the restoration area. The Secretary shall use all existing authorities to secure as much funding as necessary to fulfill the purposes of the restoration area. In accordance with applicable law, including regulations, and this section, the Secretary may utilize forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration. In carrying out paragraph (1), the Secretary may enter into partnerships with universities, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies.
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- 16 USC 6514–6516
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Sec. 211
South Fork Trinity-Mad River Restoration Area
Cite16 USC 6514–6516
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