Sec. 6. Giant sequoia emergency response
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/bill/117/s/4833/is/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress determines that— an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and Protection Projects are necessary to control the immediate impacts of the emergency described in subparagraph
(A)and to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands. The emergency determination established under paragraph (1)(A) shall apply to all covered public lands and covered National Forest System lands. The emergency determination established under paragraph (1)(A) shall go into effect on the date the Coalition submits the Assessment. The emergency determination established under paragraph (1)(A) shall expire on the earlier of— the date that is 10 years after the effective date of that emergency determination; and the date on which the Secretary and the Secretary of Agriculture jointly— determine that such an emergency no longer exists; certify that at least 90 percent of giant sequoia groves are not under the threat of stand-replacing wildfire; and submit the determination and certification described in clauses
(i)and (ii), respectively, to the relevant congressional committees. While the emergency determination established under subsection
(a)is in effect— a responsible official may carry out a Protection Project described in subsection
(c)in accordance with— section 220.4(b) of title 36, Code of Federal Regulations (or a successor regulation); section 800.12 of title 36, Code of Federal Regulations (or a successor regulation); section 1506.12 of title 40, Code of Federal Regulations (or a successor regulation); and section 46.150 of title 43, Code of Federal Regulations (or a successor regulation); and the informal consultation requirements under sections 402.05 of title 50 and 800.12 of title 36, Code of Federal Regulations (or successor regulations), shall apply to Protection Projects. A Protection Project referred to in subsection (b)(1) is a Protection Project or reforestation or rehabilitation activity that— covers an area of not more than— 2,000 acres within giant sequoia groves where a grove-specific hazardous fuels reduction plan has been developed by the relevant land management agency or on lands identified under section 5(a)(1)(B); and 3,000 acres on lands identified under section 5(a)(1)(C); was— proposed by the Assessment under section 5(a)(3); developed through a collaborative process; or 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 )); as practicable, incorporates prescribed fire as a component of the grove-specific hazardous fuels reduction plan; and occurs on Federal land or non-Federal land with the consent of the non-Federal landowner. To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including— good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); and stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ). With respect to joint Protection Projects and reforestation and rehabilitation activities involving a Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe.
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