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Code · BILL · 119th Congress · S. 449 (Introduced in Senate) — To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fu... · Sec. 2

Sec. 2. Application by Forest Service of authorities to expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects

444 words·~2 min read·/bill/119/s/449/is/section-2

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Section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 ) is amended by adding at the end the following: In this subsection: The term insect and disease treatment area means an area that— is designated by the Secretary as an insect and disease treatment area under this title; or is designated as at-risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. The term Secretary has the meaning given the term in section 101(14)(A).
In carrying out a hazardous fuel or insect and disease risk reduction project authorized under this Act in an insect and disease treatment area, the Secretary shall— apply the categorical exclusion established by section 603 if the project is carried out in an insect and disease treatment area— designated as suitable for timber production within the applicable forest plan; or where timber harvest activities are not prohibited; conduct applicable environmental assessments and environmental impact statements in accordance with this section if the project is carried out in— an insect and disease treatment area— outside of an area described in subparagraph (A); or where other significant resource concerns exist, as determined exclusively by the Secretary; or an insect and disease treatment area equivalent to not less than a Hydrologic Unit code 5 watershed, as defined by the United States Geological Survey; and notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease risk reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe— the proposed agency action; and the alternative of no action.
Except where established as a mandatory standard that constrains project and activity decisionmaking in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Group IV.
This subsection shall not apply to— a component of the National Wilderness Preservation System; or an inventoried roadless area, except in the case of an activity that is permitted under— the final rule of the Secretary entitled Special Areas; Roadless Area Conservation (66 Fed. Reg. 3244 (January 12, 2001)); or a State-specific roadless area conservation rule. The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year. .
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  • 66 FR 3244
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Sec. 2
Application by Forest Service of authorities to expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects
Fed. Reg.66 FR 3244
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