Sec. 11001. National forest system restoration and fuels reduction projects

1,351 words·~6 min read·/bill/117/hr/5376/eh/section-11001·

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

In addition to amounts otherwise available, there are appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2031— $10,000,000,000 for hazardous fuels reduction projects on National Forest System land within the wildland-urban interface; $4,000,000,000 for, on a determination made solely by the Secretary that hazardous fuels reduction projects within the wildland-urban interface described in paragraph

(1)have been planned to protect, to the extent practicable, at-risk communities, hazardous fuels reduction projects on National Forest System land outside the wildland-urban interface that are— primarily noncommercial in nature, provided that, in accordance with the best available science, the harvest of merchantable materials shall be ecologically appropriate for restoration and to enhance ecological health and function, and any sale of merchantable materials under this paragraph shall be limited to small diameter trees or biomass that are a byproduct of hazardous fuel reduction projects; collaboratively developed; and carried out in a manner that enhances the ecological integrity and achieves the restoration of a forest ecosystem; maximizes the retention of old-growth and large trees, as appropriate for the forest type; and prioritizes prescribed fire as the primary means to achieve modified wildland fire behavior; $1,000,000,000 for vegetation management projects carried out solely on National Forest System land that the Secretary shall select following the receipt of proposals submitted in accordance with subsections (a), (b), and

(c)of section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ); $400,000,000 for vegetation management projects on National Forest System land carried out in accordance with a water source management plan or a watershed protection and restoration action plan; $400,000,000 for vegetation management projects on National Forest System land that— maintain, or contribute toward the restoration of, reference old growth characteristics, including structure, composition, function, and connectivity; prioritize small diameter trees and prescribed fire to modify fire behavior; and maximize the retention of large trees, as appropriate for the forest type; $450,000,000 for the Legacy Roads and Trails program of the Forest Service; $350,000,000 for National Forest System land management planning and monitoring, prioritized on the assessment of watershed, ecological, and carbon conditions on National Forest System land and the revision and amendment of older land management plans that present opportunities to protect, maintain, restore, and monitor ecological integrity, ecological conditions for at-risk species, and carbon storage; $100,000,000 for maintenance of trails on National Forest System land, with a priority on trails that provide to underserved communities access to National Forest System land; $100,000,000 for capital maintenance and improvements on National Forest System land, with a priority on maintenance level 3, 4, and 5 roads and improvements that restore ecological integrity and conditions for at-risk species; $100,000,000 to provide for more efficient and more effective environmental reviews by the Chief of the Forest Service in satisfying the obligations of the Chief of the Forest Service under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4370m–12); $50,000,000 to develop and carry out activities and tactics for the protection of older and mature forests on National Forest System land, including completing an inventory of older and mature forests within the National Forest System; $50,000,000 to develop and carry out activities and tactics for the maintenance and restoration of habitat conditions necessary for the protection and recovery of at-risk species on National Forest System land; $50,000,000 to carry out post-fire recovery plans on National Forest System land that emphasize the use of locally adapted native plant materials to restore the ecological integrity of disturbed areas and do not include salvage logging; and $50,000,000 to develop and carry out nonlethal activities and tactics to reduce human-wildlife conflicts on National Forest System land. For projects described in paragraphs

(1)through

(5)of subsection (a), the Secretary shall prioritize for implementation projects— for which an environmental assessment or an environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 through 4370m–12) has been completed; that are collaboratively developed; or that include opportunities to restore sustainable recreation infrastructure or access or accomplish other recreation outcomes on National Forest System lands, if the opportunities are compatible with the primary restoration purposes of the project. None of the funds made available by this section may be used for any activity— conducted in a wilderness area or wilderness study area; that includes the construction of a permanent road or permanent trail; that includes the construction of a temporary road, except in the case of a temporary road that is decommissioned by the Secretary not later than 3 years after the earlier of— the date on which the temporary road is no longer needed; and the date on which the project for which the temporary road was constructed is completed; inconsistent with the applicable land management plan; inconsistent with the prohibitions of the rule of the Forest Service entitled Special Areas; Roadless Area Conservation (66 Fed. Reg. 3244 (January 12, 2001)), as modified by subparts C and D of part 294 of title 36, Code of Federal Regulations; or carried out on any land that is not National Forest System land, including other forested land on Federal, State, Tribal, or private land. In this section: The term at-risk community has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). The term collaboratively developed means, with respect to a project located exclusively on National Forest System land, that the project is developed and implemented through a collaborative process that— includes multiple interested persons representing diverse interests, except such persons shall not be employed by the Federal government or be representatives of foreign entities; and is transparent and nonexclusive; or meets the requirements for a resource advisory committee under subsections

(c)through

(f)of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 ). The term decommission means, with respect to a road— reestablishing native vegetation on the road; restoring any natural drainage, watershed function, or other ecological processes that were disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism and reestablishing stable slope contours; and effectively blocking the road to vehicular traffic, where feasible. The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term hazardous fuels reduction project means an activity, including the use of prescribed fire, to protect structures and communities from wildfire that is carried out on National Forest System land. The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term vegetation management project means an activity carried out on National Forest System land to enhance the ecological integrity and achieve the restoration of a forest ecosystem through the removal of vegetation, the use of prescribed fire, the restoration of aquatic habitat, or the decommissioning of an unauthorized, temporary, or system road. The term water source management plan means a plan developed under section 303(d)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542(d)(1) ). The term watershed protection and restoration action plan means a plan developed under section 304(a)(3) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543(a)(3) ). The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). Nothing in this section shall be interpreted to authorize funds of the Commodity Credit Corporation for activities under this section if such funds are not expressly authorized or currently expended for such purposes. Any partnership agreements, including cooperative agreements and mutual interest agreements, using funds made available under this section shall be subject to a non-Federal cost-share requirement of not less than 20 percent of the project cost, which may be waived at the discretion of the Secretary.

Connectionstraces to 6

Traces to 6 documents

U.S. Code