Sec. 8509. Exemption for previously analyzed areas of National Forest System Lands
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The requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or division A of subtitle 54, United States Code, shall not apply to an application for a communications use authorization on National Forest System lands, including National Forest System lands on which authorized utilities, communications facilities, powerline facilities, or roads have been installed, if— the communications equipment is located in or on existing infrastructure; or the communications facility is located on previously analyzed areas of National Forest System lands.
Notwithstanding any other provision of law, the Secretary shall not be required to reinitiate consultation of the requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or division A of subtitle 54, United States Code, for an application for a communications use authorization on previously analyzed areas of National Forest System lands if new information concerning a previously analyzed area of National Forest System lands becomes available.
In this section: The terms communications facility and communications use authorization have the meanings given the terms, respectively, in section 8705 of the Agriculture Improvement Act of 2018 ( 43 U.S.C. 1761a ). The term previously analyzed areas of National Forest System lands means any National Forest System lands with respect to which the Secretary has— granted, issued, and executed a communications use authorization; and conducted sufficient environmental or historical reviews.
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
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Sec. 8509
Exemption for previously analyzed areas of National Forest System Lands
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