Sec. 104. Emergency actions

683 words·~3 min read·/bill/116/hr/7978/ih/section-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term emergency action means an action carried out pursuant to an emergency situation determination to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land. The term emergency situation means a situation on National Forest System land for which immediate implementation of a decision is necessary to achieve 1 or more of the following results: Relief from hazards threatening human health and safety.

Mitigation of threats to natural resources on National Forest System land or adjacent land. The term emergency situation determination means a determination made by the Secretary under subsection (b)(1)(A). The term land and resource management plan means a plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). The term National Forest System land means land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )).

The term Secretary means the Secretary of Agriculture. The Secretary may make a determination that an emergency situation exists with respect to National Forest System land. An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations). An emergency situation determination shall not be subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) or any other applicable law.

After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out emergency actions on that National Forest System land, including through— the salvage of dead or dying trees; the harvest of trees damaged by wind or ice; the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species; the removal of hazardous trees in close proximity to roads and trails; the reconstruction of existing utility lines; and the replacement of underground cables.

To the maximum extent practicable, an emergency action carried out under paragraph

(2)shall be conducted consistent with the land and resource management plan. A treatment area covered by an emergency situation determination on which an emergency action is carried out pursuant to paragraph

(2)shall consist of not more than 10,000 acres of National Forest System land. If the Secretary determines that an emergency action requires an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ), the Secretary shall study, develop, and describe— the proposed agency action; and the alternative of no action. The Secretary shall provide notice of each emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines. The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1). Nothing in this subsection prohibits the Secretary from making an emergency situation determination, including a determination that an emergency exists pursuant to section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations), that makes it necessary to take an emergency action before preparing an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). An emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ) and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 ( 16 U.S.C. 6515 note; Public Law 112–74 ). Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ) shall apply to an emergency action carried out under this section.

Connectionstraces to 6

Traces to 6 documents

U.S. Code