Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · BILL · 119th Congress · H.R. 2709 (Reported in House) — To improve the health and resiliency of giant sequoias, and for other purposes. · Sec. 6

Sec. 6. Giant sequoia emergency response

781 words·~4 min read·/bill/119/hr/2709/rh/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 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 paragraph
(1)is in effect, the following shall apply: The Secretary concerned, acting through a responsible official, shall carry out Protection Projects on covered public lands and covered National Forest System lands in accordance with this section, all applicable land management plans, and the laws (including regulations) applicable to the Secretary concerned. A responsible official shall carry out Protection Projects in accordance with the following, as applicable: 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. The rules established under subsections
(d)and
(e)of section 40807 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592c(d) , (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 the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ). The responsible official shall carry out the following forest management activities 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, or dying trees, 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 and the best available science, as determined by the responsible official. Activities to address insects, disease, invasive species, and vegetative encroachment of a giant sequoia grove. 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
(C)are 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. 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; and 3,000 acres on lands identified under section 5(a)(1)(C); and occurs on Federal land or non-Federal land with the consent of the non-Federal landowner. The extraordinary circumstances procedures under provisions
(e)through
(g)of section 1b.3 of title 7, Code of Federal Regulations, shall apply to a Protection Project or reforestation or rehabilitation activity that is categorically excluded under subparagraph (A). 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. The Secretary concerned shall provide notice of each Protection Project on a publicly available website maintained by the Secretary concerned.
Connectionstraces to 5
Citation graph
cites case law
Sec. 6
Giant sequoia emergency response
U.S.C.§ 6592c
U.S.C.§ 6516
U.S.C.§ 4332
U.S.C.§ 2113a
U.S.C.§ 6591c
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.