Sec. 6. Giant sequoia emergency response

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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 clause

(i)and are needed 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 subparagraph

(A)shall apply to all covered public lands and covered National Forest System lands. The emergency determination established under subparagraph

(A)shall expire on the date that is 7 years after the date of the enactment of this Act. While the emergency determination established under subsection

(a)is in effect, the following shall apply: The following shall have the force and effect of law: Section 220.4(b) of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands. Section 46.150 of title 43, Code of Federal Regulations (as in effect October 12, 2022), with respect to covered public lands. Section 402.05 of title 50, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands. Section 800.12 of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands. A responsible official may carry out a Protection Project described by paragraph

(4)before initiating— an analysis under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ); consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); and consultation under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470(f) ). The rules established under subsections

(d)and

(e)section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c(d) and (e)) shall apply with respect to Protection Projects by substituting Protection Projects for authorized emergency action under this section each place it appears in such subsections. Protection Projects shall be subject to the requirements of section 106 of title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ). The responsible official shall carry out the following forest management activities, consistent with applicable grove-specific hazardous fuels reduction plans or activities recommend by the Assessment under section 5, as Protection Projects under the emergency determination under this section: Conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning. Removing hazard trees, dead trees, dying trees, or trees at risk of dying, as determined by the responsible official. Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand as determined by the responsible official. Activities included in the applicable grove-specific hazardous fuels reduction plan. Using chemical treatments to address insects and disease and control vegetation competition. Any combination of activities described in this paragraph. Protection Projects carried out under paragraph

(3)and reforestation and rehabilitation activities carried out under this Act that are described by subparagraph

(D)are a category of actions hereby 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 Secretary concerned shall use the categorical exclusion established under subparagraph

(A)in accordance with this section. Congress finds that Protection Projects carried out under this section are consistent with improving the health and resiliency of critical habitat for threatened and endangered species, including the Pacific fisher and California spotted owl. A Protection Project or reforestation or rehabilitation activity is described by this subparagraph if such Protection Project or reforestation or rehabilitation activity— covers an area of no 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); and 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 )); 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 the Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe. To the maximum extent practicable, the Secretary concerned shall reduce hazardous fuels in no fewer than 3 giant sequoia groves each year.

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Sec. 6

Giant sequoia emergency response

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