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Code · BILL · 118th Congress · S. 2867 (Reported in Senate) — To address the forest health crisis on the National Forest System and public lands, and for other purposes. · Sec. 202

Sec. 202. Management of old growth and mature forests

423 words·~2 min read·/bill/118/s/2867/rs/section-202

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Except as provided in paragraph (2), the Secretary concerned shall adhere to the definitions of old growth forest contained in the regulations of the Secretary concerned (as in effect on January 1, 2022). If the Secretary concerned determines that a definition of old growth forest contained in a regulation of the Secretary concerned needs to be revised, the Secretary concerned— shall appoint a committee of scientists who are not officers or employees of the Forest Service or the Bureau of Land Management and have a background in forestry and stand dynamics (referred to in this paragraph as the committee of scientists ); shall direct the committee of scientists to provide scientific and technical advice and counsel on definitions of old growth forest ; shall review the recommendations of the committee of scientists; shall publish the recommendations of the committee of scientists for public comment; and may adopt the recommendations of the committee of scientists and revise the definition in a manner consistent with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ).
Consistent with section 6(m)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(m)(1) ), with respect to National Forest System land and public lands, the Secretary concerned shall define the term mature forest as a forest that has reached the merchantability standard described in subparagraph (B). The merchantability standard referred to in subparagraph
(A)is when a forest has generally reached the culmination of mean annual increment of growth. Except as provided in section 6(m) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(m) ), on National Forest System land and public lands, the Secretary concerned shall only carry out regeneration harvests in mature forests (as defined by the Secretary concerned under paragraph (1)). Any inventory of forests adopted through executive branch action shall not modify, amend, or otherwise change the duties of the Secretary concerned to manage unreserved forests in accordance with, as applicable— the Act of June 4, 1897 (commonly known as the Organic Administration Act ) (30 Stat. 34, chapter 2); the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ); section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ); and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ).
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