Sec. 106. Emergency fireshed management

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The Secretary concerned, acting through a responsible official, shall carry out fireshed management projects in fireshed management areas designated under section 101 in accordance with this section. The responsible official shall carry out the following forest and vegetation management activities as fireshed management projects under this section: Conducting hazardous fuels management activities. Creating fuel breaks and fire breaks. Removing hazard trees, dead trees, dying trees, or trees at risk of dying, as determined by the responsible official.

Developing, approving, or conducting routine maintenance under a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772(c)(1) ). 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. Using chemical or re-seeding and planting treatments to address insects and disease and control vegetation competition or invasive species.

Any activities recommended by the state-specific fireshed assessment carried out under section 105. Any activities recommended by an applicable community wildfire protection plan. Any combination of activities described in this paragraph. For any fireshed management area designated under section 101, the following shall have the force and effect of law: Section 220.4(b) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary.

Section 46.150 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), with respect to lands under the jurisdiction of the Secretary of the Interior. Section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act). Section 800.12 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). Fireshed management projects carried out under this section shall be considered authorized projects under the following categorical exclusions:

Section 603(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(a) ). Section 605(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(a) ). Section 606(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591e(b) ). Section 40806(b) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(b) ). Section 4(c)(4) of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2353). Subject to subsection

(d)of section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c ) in the same manner as authorized emergency actions (as defined in subsection

(a)of such section) are subject to such subsection. In carrying out fireshed management project, the Secretary shall apply a categorical exclusion under clause (i)— in a manner consistent with the statute establishing such categorical exclusion in any area— designated as suitable for timber production within the applicable forest plan; or where timber harvest activities are not prohibited. In carrying out this section, the Secretary concerned shall ensure compliance with the amendments made to the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ) by the Fiscal Responsibility Act of 2023 ( Public Law 118–5 ). To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out fireshed management projects, including— good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ) (as amended by this Act); stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ) (as amended by this Act); self-determination contracts and self-governance compact agreements entered into under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); and agreements entered into under the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ). The Healthy Forests Restoration Act of 2003 is amended— in section 603(c)(1) ( 16 U.S.C. 6591b(c)(1) ), by striking 3000 acres and inserting 10,000 acres ; in section 605(c)(1) ( 16 U.S.C. 6591d(c)(1) ), by striking 3,000 acres and inserting 10,000 acres ; in section 606(g) ( 16 U.S.C. 6591e(g) ), by striking 4,500 acres and inserting 10,000 acres ; and in section 40806(d) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592b(d)(1) ), by striking 3,000 acres and inserting 10,000 acres ; and Section 4(c)(4)(C) of the Lake Tahoe Restoration Act ( Public Law 106–506 ; 114 Stat. 2353) is amended— by striking Lake Tahoe Basin Management Unit ; and by inserting applicable to the area before the period at the end.

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43 USC 1772(c)(1)
16 USC 6591b(a)
16 USC 6591d(a)
16 USC 6591e(b)
16 USC 6592b(b)
Pub. L. 106-506
114 Stat. 2353
16 USC 6592c
42 USC 4321
Pub. L. 118-5
16 USC 2113a
16 USC 6591c
25 USC 5301
25 USC 3115a
16 USC 6591b(c)(1)
16 USC 6591d(c)(1)
16 USC 6591e(g)
16 USC 6592b(d)(1)

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Sec. 106

Emergency fireshed management

Cite43 USC 1772(c)(1)

Cite16 USC 6591b(a)

Cite16 USC 6591d(a)

Cite16 USC 6591e(b)

Cite16 USC 6592b(b)

Cites 18 · showing 5Cited by 0 across 0 sources