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Code · BILL · 116th Congress · H.R. 5744 (Introduced in House) — To establish a categorical exclusion for electric utility rights-of-way, and for other purposes. · Sec. 3

Sec. 3. Categorical exclusion for electric utility lines rights-of-way

364 words·~2 min read·/bill/116/hr/5744/ih/section-3

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The term Secretary concerned means— the Secretary of Agriculture, with respect to National Forest System lands; and the Secretary of the Interior, with respect to public lands. Forest management activities described in subsection
(c)are a category of activities 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 forest management activities designated as being categorically excluded under subsection
(b)are— the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772(c)(1) ) by the Secretary concerned; and the implementation of routine activities conducted under the plan referred to in paragraph (1). On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection
(b)in accordance with this section. Use of the categorical exclusion established under subsection
(b)shall not be subject to the extraordinary circumstances procedures in section 220.6, title 36, Code of Federal Regulations, or section 1508.4, title 40, Code of Federal Regulations. The categorical exclusion established under subsection
(b)shall not apply to any forest management activity conducted— in a component of the National Wilderness Preservation System; or on National Forest System lands on which, by Act of Congress, the removal of vegetation is restricted or prohibited. A forest management activity designated under subsection
(c)shall not include the establishment of a permanent road. The Secretary concerned may carry out necessary maintenance and repair on an existing permanent road for the purposes of conducting a forest management activity designated under subsection (c). The Secretary concerned shall decommission any temporary road constructed for a forest management activity designated under subsection
(c)not later than 3 years after the date on which the action is completed. A forest management activity designated under subsection
(c)shall not be subject to section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ), section 106 of the National Historic Preservation Act, or any other applicable law.
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