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Title II — Expedited environmental analysis and availability of categorical exclusions to expedite forest management activities

S. 3085 · 114th Congress · Jun 22, 2016 · Lineage

II Expedited environmental analysis and availability of categorical exclusions to expedite forest management activities

Sec. 201 Analysis of only 2 alternatives in proposed collaborative forest management activities

(a)
In general— This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity—
(1)
that is—
(A)
developed through a collaborative process; or
(B)
covered by a community wildfire protection plan; and
(2)
the primary purpose of which is—
(A)
the reduction of hazardous fuel loads;
(B)
the reduction of fuel connectivity through the installation of fuel and fire breaks;
(C)
the restoration of forest health and resilience;
(D)
the protection of a municipal water supply; or
(E)
a combination of 2 or more purposes described in subparagraphs (A) through (D).
(b)
Consideration of alternatives— In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following 2 alternatives:
(1)
The forest management activity, as proposed pursuant to subsection (a).
(2)
The alternative of no action.
(c)
Elements of no action alternative— In the case of the alternative of no action, the Secretary concerned shall evaluate—
(1)
the effect of no action on—
(A)
forest health;
(B)
habitat diversity;
(C)
wildfire potential;
(D)
insect and disease potential; and
(E)
other economic and social factors; and
(2)
the implications of a resulting decline, if any, in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on—
(A)
domestic water costs;
(B)
wildlife habitat loss; and
(C)
other economic and social factors.
(d)
Applicability— This section shall not apply to—
(1)
any component of the National Wilderness Preservation System; or
(2)
any National Forest System land or public land in which the removal of vegetation is prohibited by an Act of Congress.

Sec. 202 Categorical exclusion to expedite certain critical response actions

(a)
In general— A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System land or public land in any case in which—
(1)
the forest management activity is developed and recommended through a collaborative process; and
(2)
the primary purpose of the forest management activity is—
(A)
to address an insect or disease infestation;
(B)
to reduce hazardous fuel loads;
(C)
to protect a municipal water supply system (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));
(D)
to maintain, enhance, or modify critical habitat to protect the critical habitat from catastrophic disturbances;
(E)
to increase water yield; or
(F)
any combination of the purposes specified in subparagraphs (A) through (E).
(b)
Requirements— A forest management activity covered by the categorical exclusion described in subsection (a)—
(1)
may not contain harvest units exceeding a total of 5,000 acres; and
(2)
shall consider the best available scientific information.

Sec. 203 Categorical exclusion to expedite salvage operations in response to catastrophic events

(a)
In general— A categorical exclusion is available to the Secretary concerned to develop and carry out a salvage operation as part of the restoration of National Forest System land or public land following a catastrophic event.
(b)
Acreage limitations—
(1)
In general— A salvage operation covered by the categorical exclusion described in subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
(2)
Harvest area— In addition to the limitation imposed by paragraph (1), the harvest units covered by the categorical exclusion described in subsection (a) may not exceed 1/3 of the area impacted by the catastrophic event.
(c)
Reforestation plan— A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the “Knutson-Vandenberg Act”) (16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion described in subsection (a).

Sec. 204 Categorical exclusion to meet forest plan goals for early successional forests

(a)
In general— A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System land or public land—
(1)
in any case in which the forest management activity is developed and recommended through a collaborative process; and
(2)
when the primary purpose of the forest management activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan.
(b)
Project goals— To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site.
(c)
Requirements— A forest management activity covered by the categorical exclusion described in subsection (a)—
(1)
may not contain harvest units exceeding a total of 5,000 acres; and
(2)
shall consider the best available scientific information.

Sec. 205 Categorical exclusion to improve, restore, and reduce the risk of wildfire

(a)
Definitions— In this section:
(1)
Hazardous fuels management— The term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire.
(2)
Late-season grazing— The term late-season grazing means grazing activities that occur during the period—
(A)
beginning when both the invasive species and native perennial species have completed the current-year annual growth cycle of the species; and
(B)
ending when new plant growth begins to appear in the following year.
(3)
Targeted livestock grazing— The term targeted livestock grazing means grazing used for purposes of hazardous fuel reduction.
(b)
Availability of categorical exclusion— A categorical exclusion is available to the Secretary concerned to carry out a forest management activity described in subsection (d) on National Forest System Land or public land—
(1)
in any case in which the forest management activity is developed and recommended through a collaborative process; and
(2)
when the primary purpose of the activity on that land is—
(A)
to improve forest health;
(B)
to restore forest health; or
(C)
to reduce the risk of wildfire.
(c)
Acreage limitations requirements— A forest management activity covered by the categorical exclusion described in subsection (b)—
(1)
may not exceed 5,000 acres; and
(2)
shall consider the best available scientific information.
(d)
Authorized activities— The following activities may be carried out using a categorical exclusion described in subsection (b):
(1)
Removal of juniper trees, medusahead rye, conifer trees, pinon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments.
(2)
Performance of hazardous fuels management.
(3)
Creation of fuel and fire breaks.
(4)
Modification of existing fences so as to distribute livestock and help improve wildlife habitat.
(5)
Installation of erosion control devices.
(6)
Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat.
(7)
Performance of soil treatments, native and nonnative seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species.
(8)
Use of herbicides, if the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity.

Sec. 206 Consideration of resource conditions for extraordinary circumstances

(a)
Definition of beneficial effect— In this section, the term beneficial effect means long-term—
(1)
improvement in ecological or hydrological function and health;
(2)
improvement in forest health;
(3)
reduction in the risk of catastrophic fire; or
(4)
protection of watersheds.
(b)
Extraordinary circumstances— Except as provided in subsection (c), the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), shall apply to a proposal for—
(1)
a forest management activity that is categorically excluded under this title from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2)
a project that is categorically excluded under section 603(a)(1) of the Healthy Forests Restoration Act of 2013 (16 U.S.C. 6591b(a)(1)) from documentation in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c)
Consideration of beneficial effects—
(1)
In general— In determining whether extraordinary circumstances exist relating to a proposal described in subsection (b), or in an environmental impact statement or an environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to a proposal for a forest management activity, the Secretary shall consider the beneficial effect of the proposed action on sensitive species.
(2)
Effect of uncertainty— Uncertainty of the Secretary with respect to the degree of a beneficial effect under paragraph (1) shall not preclude the use of a categorical exclusion.

Sec. 207 Compliance with forest plan

A forest management activity covered by a categorical exclusion described in this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public land covered by the forest management activity.

Sec. 208 Roads

(a)
Permanent roads— A project carried out under this title shall not include the construction of new permanent roads.
(b)
Existing roads— The Secretary concerned may carry out necessary maintenance of, repairs to, or reconstruction of an existing permanent road for the purposes of this title.
(c)
Temporary roads— The Secretary concerned shall decommission any temporary road constructed under this title not later than 3 years after the date on which the project is completed.

Sec. 209 Exclusions

This title does not apply to—
(1)
a component of the National Wilderness Preservation System;
(2)
any Federal land on which, by Act of Congress, the removal of vegetation is prohibited;
(3)
a congressionally designated wilderness study area; or
(4)
an area in which the activities authorized under this title would be inconsistent with the applicable resource management plan.