Sec. 8401. Categorical exclusion for high priority hazard trees
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Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e )) for high-priority hazard tree activities. In developing and administering the categorical exclusion under paragraph (1), the Secretary shall— comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion.
A project carried out using the categorical exclusion developed under paragraph
(1)may not exceed 6,000 acres. In this section: The term high-priority hazard tree means a standing tree that— presents a visible hazard to people or property due to conditions such as deterioration of, or damage to, the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary; is determined by the Secretary to be highly likely to fail and, on failure, would be highly likely to cause injury to people or damage to Federal property; and is located— within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5; along a National Forest System trail; or in a developed recreation site— that is operated and maintained by the Secretary; and on National Forest System land. The term high-priority hazard tree activity means a forest management activity that mitigates the risks associated with high-priority hazard trees, including pruning, felling, and disposal of a high-priority hazard tree. The term high-priority hazard tree activity does not include any activity— conducted in a wilderness area or wilderness study area; for the construction of a permanent road or permanent trail; conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; conducted in an area in which activities described in subparagraph
(A)would be inconsistent with the applicable land and resource management plan; or conducted in an inventoried roadless area.
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