Sec. 103. Establishment of fuel breaks in forests and other wildland vegetation
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In this section: The term habitat of significant value means a wildlife habitat (as defined in section 101(a))— of national, statewide, or regional ecological importance; that is identified as a candidate for protection, fully protected, sensitive, or as a habitat for a species of special status by a State or Federal agency; or that is essential to the movement of resident or migratory wildlife. The term riparian area means an area— that is transitional between terrestrial and aquatic ecosystems; that is distinguished by gradients in biophysical conditions, ecological processes, and biota; through which surface and subsurface hydrology connect bodies of water with adjacent uplands; that is adjacent to perennial, intermittent, and ephemeral streams, lakes, or estuarine or marine shorelines; and that includes the portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems.
The term Secretary has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). Forest management activities described in subsection
(c)are a category of actions 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 subsection
(b)for a categorical exclusion are forest management activities described in paragraph
(2)that are carried out by the Secretary on Federal land (as defined in section 3 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6502 )) the primary purpose of which is to establish and maintain linear fuel breaks that are— up to 1,000 feet in width adjacent to, and incorporating, existing linear features, such as roads, trails, transmission lines, and pipelines of any length on Federal land; and intended to reduce the risk of wildfire on the Federal land or an adjacent at-risk community. Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection
(b)are— mowing or masticating; thinning by manual and mechanical cutting; piling, yarding, and removal of slash; selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts; targeted grazing; application of— pesticide; biopesticide; or herbicide; seeding of native species; controlled burns and broadcast burning; and burning of piles, including jackpot piles. A forest management activity described in paragraph
(2)may not be carried out pursuant to the categorical exclusion established under subsection
(b)if the activity is conducted— in a wilderness area or wilderness study area; for the construction of a permanent road or permanent trail; on National Forest System land or land managed by the Bureau of Land Management on which the removal of vegetation is prohibited or restricted by Congress or the President; or in an area in which the activity would— be inconsistent with the applicable land and resource management plan; have a substantial adverse impact on— wetlands, as defined in the United States Fish and Wildlife Service Manual, part 660 FW 2 (June 21, 1993); a riparian area; or a habitat of significant value; or harm— any species protected by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or the habitat of a species described in subclause (I). The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b). Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)— may not contain treatment units in excess of 3,000 acres; and shall be located primarily in an area described in section 605(c)(2) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(c)(2) ).
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Sec. 103
Establishment of fuel breaks in forests and other wildland vegetation
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