Sec. 101. Emergency fireshed management
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Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq. ) is amended by adding at the end the following: Not later than 90 days after receiving a request from a Governor of a State, the Secretary shall enter into an agreement with such Governor to jointly— designate 1 or more fireshed management areas within such State; and conduct fireshed management projects in accordance with subsection
(c)on such fireshed management areas. With respect to an agreement with a Governor of a State under subparagraph (A), the Secretary, if requested by such Governor, may— designate additional fireshed management areas under such agreement; and update such agreement to address new wildfire threats. A previously signed shared stewardship agreement between a Governor of a State and the Secretary (or an update or successor agreement to such shared stewardship agreement) may be treated as an agreement under subparagraph
(A)if such Governor approves such treatment. A fireshed management area designated under an agreement under paragraph (1)— shall be— a landscape-scale area; and identified on the date of such designation as a fireshed ranked in the top 10 percent of wildfire exposure, as determined by the most recently published models of fireshed risk exposure published by the Forest Service; may not overlap with any other fireshed management area; and may contain Federal and non-Federal land. The designation of a fireshed management area under an agreement under paragraph
(1)shall not be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). Not later than 90 days after entering into an agreement with a Governor of a State under subsection (a)(1), the Secretary and such Governor shall, with respect to the fireshed management areas designated under such agreement, jointly conduct a stewardship and fireshed assessment that— identifies— using the best available data, wildfire exposure risks within each such fireshed management area, including scenario planning and wildfire hazard mapping and models; and each at-risk community within each fireshed management area; identifies potential fireshed management projects to be carried out in such fireshed management areas, giving priority— primarily, to projects with the purpose of reducing threats to public health and safety from catastrophic wildfire; secondarily, to projects with the purpose of protecting— critical infrastructure; wildlife habitats; watersheds or improving water yield; or any combination of purposes described in subclauses
(I)through (III); includes— a strategy for reducing the threat of wildfire to at-risk communities in the wildland-urban interface; recommended fireshed management project size limitations based on the best available data; a timeline for the implementation of fireshed management projects; and long-term benchmark goals for the completion of fireshed management projects in the highest wildfire exposure areas; and shall be regularly updated based on the best available data, as determined by the Secretary. In carrying out a stewardship and fireshed assessment under this subsection, the Secretary may enter into memorandums of understanding with other Federal agencies or departments, States, private entities, or research or educational institutions to improve, with respect to such assessment, the use and integration of— advanced remote sensing and geospatial technologies; statistical modeling and analysis; or any other technology the Secretary determines will benefit the quality of information of such an assessment. To the maximum extent practicable, the Secretary shall incorporate data from State forest action plans, State wildfire risk assessments, and other State sources in conducting an assessment under paragraph (1). The Secretary shall carry out fireshed management projects in fireshed management areas designated under an agreement under subsection (a)(1) in accordance with the timeline and project size limitations included in the stewardship and fireshed assessment relating to such areas under subsection (b)(1)(C). A fireshed management project shall— be carried out— in accordance with paragraph (3); and in accordance with the applicable forest management plan; and be— developed through a collaborative process; proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 )); or covered by a community wildfire protection plan. A fireshed management project shall have the primary purpose of— creating fuel breaks and fire breaks; conducting hazardous fuels management; conducting prescribed burns; removing dead trees, dying trees, or trees at high-risk of dying; or carrying out any combination of the activities described in subparagraphs
(A)through (D). Fireshed management projects under this subsection shall be— considered an action categorically excluded from the 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 ); and exempt from the special administrative review process under section 105. A fireshed management project may not be carried out on lands— that are included in the National Wilderness Preservation System; that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or the activity is allowed under the applicable roadless rule governing such lands, including— the Idaho roadless rule under subpart C of part 294 or title 36, Code of Federal Regulations; the Colorado roadless rule under subpart D of part 294 of title 36, Code of Federal Regulations; or any other roadless rule developed after the date of the enactment of this section by the Secretary with respect to a specific State; or on which timber harvesting for any purpose is prohibited by Federal statute. Nothing in this section shall be construed to affect the roadless rules described in subclauses
(I)and
(II)of paragraph (5)(B)(ii). To the maximum extent practicable, the Secretary shall use existing statutory and administrative authorities, including a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ), to carry out each fireshed management project. Section 106 shall apply to fireshed management projects conducted under this section in the same manner as such section applies to an authorized hazardous fuels reduction project conducted under title I, except that no restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a fireshed management project in the wildland-urban interface. Not later than 2 years after the date of the enactment of this section and annually thereafter, the Secretary shall submit to Congress a report evaluating the progress and implementation of fireshed management projects under this section. In this section: The term collaborative process means a process relating to the management of National Forest System lands or public lands by which a project or forest management activity is developed and implemented by the Secretary through collaboration with interested persons, as described in section 603(b)(1)(C). The term fireshed means a landscape-scale area that faces similar wildfire threat where a response strategy could influence the wildfire outcome. The term forest plan means— a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); or a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). The term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire, including mechanical treatments and livestock grazing. The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands. The term resource advisory committee has the meaning given that term in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 ). The term Secretary means— the Secretary of Agriculture, with respect to National Forest System lands; and the Secretary of the Interior, with respect to public lands. The terms at-risk community , community wildfire protection plan , and wildland-urban interface have the meanings given such terms, respectively, in section 101. .
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U.S. Code
- Forest stands inventory and monitoring program to improve detection of and response to environmental threats§ 6591
- Congressional declaration of purpose§ 4321
- Definitions§ 7121
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Good neighbor authority§ 2113a
- Land use plans§ 1712
- National Forest System land and resource management plans§ 1604
- Definitions§ 1702
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Sec. 101
Emergency fireshed management
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