Sec. 302. Categorical exclusion for electric utility lines rights-of-way

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Forest management activities described in subsection

(b)are a category of activities designated as being 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 ). Except as provided in paragraph (2), the forest management activities designated as being categorically excluded under subsection

(a)are— the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1772(c)(1) ) by the Secretary concerned; and the implementation of routine activities conducted under the plan referred to in paragraph (1). The forest management activities designated as being categorically excluded under subsection

(a)do not include any forest management activity conducted— in a component of the National Wilderness Preservation System; or on National Forest System lands on which, by Act of Congress, the removal of vegetation is restricted or prohibited. On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection

(a)in accordance with this section. Use of the categorical exclusion established under subsection

(a)shall not be subject to the extraordinary circumstances procedures in section 220.6, title 36, Code of Federal Regulations, or section 1508.4, title 40, Code of Federal Regulations. The categorical exclusion established under subsection

(a)may not be used for the establishment of a permanent road or any forest management activity that necessitates the establishment of a permanent road. The Secretary concerned may carry out maintenance and repairs on an existing permanent road, if necessary, to carry out a forest management activity under the categorical exclusion established under subsection (a). The Secretary concerned shall decommission any temporary road constructed for a forest management activity carried out under the categorical exclusion established under subsection

(a)not later than the date that is 3 years after completion of the forest management activity. A forest management activity carried out under the categorical exclusion established under subsection

(a)shall not be subject to section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ), section 106 of the National Historic Preservation Act, or any other applicable law. In this section, the term Secretary concerned means— the Secretary of Agriculture, with respect to National Forest System lands; and the Secretary of the Interior, with respect to public lands.

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Sec. 302

Categorical exclusion for electric utility lines rights-of-way

U.S.C.§ 4332

U.S.C.§ 1772

U.S.C.§ 1536

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