Sec. 111. South Fork Trinity-Mad River Restoration Area
1,766 words·~8 min read·
/bill/118/s/1776/is/section-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term collaboratively developed means, with respect to a restoration project, the development and implementation of the restoration project through a collaborative process that— includes— appropriate Federal, State, and local agencies; and multiple interested persons representing diverse interests; and is transparent and nonexclusive. The term plantation means a forested area that has been artificially established by planting or seeding. The term restoration means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.
The term restoration area means the South Fork Trinity-Mad River Restoration Area established by subsection (b). The term shaded fuel break means a vegetation treatment that— effectively addresses all slash generated by a project; and retains, to the maximum extent practicable— adequate canopy cover to suppress plant regrowth in the forest understory following treatment; the longest living trees that provide the most shade over the longest period of time; the healthiest and most vigorous trees with the greatest potential for crown growth in— plantations; and natural stands adjacent to plantations; and mature hardwoods.
The term stewardship contract means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ). 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 ). Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 871,414 acres of Federal land administered by the Forest Service and the Bureau of Land Management, as generally depicted on the map entitled South Fork Trinity-Mad River Restoration Area and dated May 15, 2020.
The purposes of the restoration area are— to establish, restore, and maintain fire-resilient late successional forest structures characterized by large trees and multistoried canopies, as ecologically appropriate, in the restoration area; to protect late successional reserves in the restoration area; to enhance the restoration of Federal land in the restoration area; to reduce the threat posed by wildfires to communities in or in the vicinity of the restoration area; to protect and restore aquatic habitat and anadromous fisheries; to protect the quality of water within the restoration area; and to allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area.
The Secretary shall manage the restoration area— in a manner— consistent with the purposes described in subsection (c); and in the case of the Forest Service, that prioritizes the restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties, California; in accordance with an agreement entered into by the Chief of the Forest Service and the Director of the United States Fish and Wildlife Service— for cooperation to ensure the timely consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) on restoration projects within the restoration area; and to maintain and exchange information on planning schedules and priorities with respect to the restoration area on a regular basis; in accordance with— the laws (including regulations) and rules applicable to the National Forest System, with respect to land managed by the Forest Service; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), with respect to land managed by the Bureau of Land Management; this title; and any other applicable law (including regulations); and in a manner consistent with congressional intent that consultation for restoration projects within the restoration area be completed in a timely and efficient manner.
The establishment of the restoration area shall not modify the management status of any land or water that is designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System, including land or water designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System by this title (including an amendment made by this title). If there is a conflict between a law applicable to a component described in subparagraph
(A)and this section, the more restrictive provision shall control. The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c). The Secretary shall give priority to restoration activities within the restoration area. Nothing in this section limits the ability of the Secretary to plan, approve, or prioritize activities outside of the restoration area. Nothing in this section prohibits the Secretary, in cooperation with Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section. To the maximum extent practicable, the Secretary may use prescribed burning and managed wildland fire to achieve the purposes of this section. In this paragraph, the term decommission means, with respect to a road— to reestablish vegetation on the road; and to restore any natural drainage, watershed function, or other ecological process that is disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. To the maximum extent practicable, the Secretary shall decommission any unneeded National Forest System road or any unauthorized road identified for decommissioning within the restoration area— subject to appropriations; consistent with the analysis required under subparts A and B of part 212 of title 36, Code of Federal Regulations (or successor regulations); and in accordance with existing law. In making determinations with respect to the decommissioning of a road under subparagraph (B), the Secretary shall consult with— appropriate State, Tribal, and local governmental entities; and members of the public. Subject to subparagraphs (B), (C), and (D), the Secretary may carry out any vegetation management projects in the restoration area that the Secretary determines to be necessary— to maintain or restore the characteristics of ecosystem composition and structure; to reduce wildfire risk to the community by promoting forests that are fire resilient; to improve the habitat of threatened species, endangered species, or sensitive species; to protect or improve water quality; or to enhance the restoration of land within the restoration area. In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment in the restoration area of a network of shaded fuel breaks within— any portion of the wildland-urban interface that is within 150 feet of private property contiguous to Federal land; on the condition that the Secretary includes vegetation treatments within a minimum of 25 feet of a road that is open to motorized vehicles as of the date of enactment of this Act if practicable, feasible, and appropriate as part of any shaded fuel break— 150 feet of the road; or as topography or other conditions require, 275 feet of the road, if the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; or 150 feet of any plantation. The Secretary may carry out vegetation management projects— in an area within the restoration area in which a fish or wildlife habitat is significantly compromised as a result of past management practices (including plantations); and in designated riparian reserves in the restoration area, as the Secretary determines to be necessary— to maintain the integrity of fuel breaks; or to enhance fire resilience. The Secretary shall carry out vegetation management projects in the restoration area— in accordance with— this section; and applicable law (including regulations); after providing an opportunity for public comment; and subject to appropriations. The Secretary shall use the best available science in planning and carrying out vegetation management projects in the restoration area. The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue— subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; in accordance with applicable law (including regulations); and in a manner consistent with the purposes described in subsection (c). The Secretary may issue annual targeted grazing permits for the grazing of livestock in an area of the restoration area in which the grazing of livestock is not authorized before the date of enactment of this Act to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or provide other ecological benefits— subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and in a manner consistent with the purposes described in subsection (c). The Secretary shall use the best available science in determining whether to issue targeted grazing permits under subparagraph
(B)within the restoration area. Subject to valid existing rights, the restoration area is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws relating to mineral and geothermal leasing or mineral materials. To the maximum extent practicable, the Secretary shall— use stewardship contracts to carry out this section; and use revenue derived from stewardship contracts under paragraph
(1)to carry out restoration and other activities within the restoration area, including staff and administrative costs to support timely consultation activities for restoration projects. In developing and carrying out restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area. A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects in sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 , 6515, 6516), as applicable. The Secretary of Agriculture shall— in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and incorporate the monitoring results into the management of the restoration area. The Secretary shall use any available authorities to secure the funding necessary to fulfill the purposes of the restoration area. In accordance with applicable law (including regulations) and this section, the Secretary may use forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration. In carrying out paragraph (1), the Secretary may enter into partnerships with institutions of higher education, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies.
Connectionstraces to 5
Citation graph
cites case law
Sec. 111
South Fork Trinity-Mad River Restoration Area
Cites 5Cited by 0 across 0 sources