§ 6591d. Wildfire resilience projects

871 words·~4 min read·/usc/title-16/section-6591d

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In general Hazardous fuels reduction projects, as defined in section 6511(2) of this title may be—

(1)carried out in accordance with subsections (b), (c), and

(d)of section 6512 of this title and sections 6514 and 6515 of this title;

(2)considered an action categorically excluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.); and

(3)exempt from the special administrative review process under section 6515 of this title.

(b)Collaborative restoration project

(1)In general A project referred to in subsection

(a)is a project to carry out forest restoration treatments that—

(A)maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease, and reduce the risk or extent of, or increase the resilience to, wildfires;

(B)considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and

(C)is developed and implemented through a collaborative process that—

(i)includes multiple interested persons representing diverse interests; and

(I)is transparent and nonexclusive; or

(II)meets the requirements for a resource advisory committee under subsections

(c)through

(f)of section 7125 of this title.

(2)Inclusion A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title.

(c)Limitations

(1)Project size A project under this section may not exceed 3000 acres.

(2)Location A project under this section shall be—

(A)Prioritized within the wildland-urban interface;

(B)If located outside the wildland-urban interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and

(C)Limited to areas designated under section 6591a(b) of this title as of March 23, 2018.

(3)Roads

(A)Permanent roads

(i)Prohibition on establishment A project under this section shall not include the establishment of permanent roads.

(ii)Existing roads The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.

(B)Temporary roads The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.

(4)Extraordinary circumstances The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, code of Federal regulations 1 (or successor regulations), when using the categorical exclusion under this section.

(d)Exclusions This section does not apply to—

(1)a component of the National Wilderness Preservation System;

(2)any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;

(3)a congressionally designated wilderness study area; or

(4)an area in which activities under subsection

(a)would be inconsistent with the applicable land and resource management plan.

(e)Forest management plans All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 1604 of this title for the unit of the National Forest System containing the projects and activities.

(f)Public notice and scoping The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section.

(g)Accountability

(1)In general The Secretary shall prepare an annual report on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section.

(2)Submission Not later than 1 year after March 23, 2018, and each year thereafter, the Secretary shall submit the reports required under paragraph

(1)to—

(A)the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(B)the Committee on Environment and Public Works of the Senate;

(C)the Committee on Agriculture of the House of Representatives;

(D)the Committee on Natural Resources of the House of Representatives; and

(E)the Government Accountability Office.

(Pub. L. 108–148, title VI, § 605, as added Pub. L. 115–141, div. O, title II, § 202, Mar. 23, 2018, 132 Stat. 1062.)

Connections38 cite this · traces to 9

Cited by 38 sections · top 30

public-private-law