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Title II — Categorical exclusions

S. 879 · 115th Congress · Apr 6, 2017 · Lineage

II Categorical exclusions

Sec. 201 Definitions

In this title:
(1)
Catastrophic event— The term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak), or any fire, flood, or explosion, regardless of cause.
(2)
Categorical exclusion— The term categorical exclusion means an exception to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project or activity relating to the management of National Forest System land.
(3)
Collaborative process— The term collaborative process means a process relating to the management of National Forest System land by which a project or activity is developed and implemented by the Secretary through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
(4)
Forest management activity— The term forest management activity means a project or activity carried out by the Secretary on National Forest System land, consistent with the forest plan covering that land.
(5)
Forest plan— The term forest plan means a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(6)
Salvage operation— The term salvage operation means a forest management activity carried out in response to a catastrophic event, the primary purpose of which is—
(A)
to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a reburn of the fire-impacted area;
(B)
to provide an opportunity for use of forest materials damaged as a result of the catastrophic event; or
(C)
to provide a funding source for reforestation and other restoration activities for the National Forest System land impacted by the catastrophic event.
(7)
Secretary— The term Secretary means the Secretary of Agriculture (acting through the Chief of the Forest Service).

Sec. 202 Categorical exclusion to expedite certain critical response actions

(a)
Availability of categorical exclusion— A categorical exclusion is available to the Secretary to develop and carry out a forest management activity on National Forest System land in any case in which the primary purpose of the forest management activity is—
(1)
to address an insect or disease infestation;
(2)
to treat land at risk of insect or disease infestation;
(3)
to reduce hazardous fuel loads;
(4)
to protect a municipal water source;
(5)
to maintain, enhance, or modify critical habitat to protect the habitat from catastrophic disturbances;
(6)
to increase water yield; or
(7)
any combination of the purposes specified in paragraphs (1) through (6).
(b)
Acreage limitations—
(1)
In general— Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
(2)
Larger areas authorized— A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 15,000 acres if the forest management activity is—
(A)
developed through a collaborative process;
(B)
proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121)); or
(C)
covered by a community wildfire protection plan.

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

(a)
Availability of categorical exclusion— A categorical exclusion is available to the Secretary to develop and carry out a salvage operation as part of the restoration of National Forest System land following a catastrophic event.
(b)
Acreage limitations— A salvage operation covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
(c)
Additional requirements—
(1)
Road construction— A salvage operation covered by the categorical exclusion granted by subsection (a) may not include any permanent road construction.
(2)
Stream buffers— A salvage operation covered by the categorical exclusion granted by subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan, unless the standards and guidelines are modified for a specific salvage operation as part of a categorical exclusion by the Regional Forester.
(3)
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 granted by subsection (a).

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

(a)
Availability of categorical exclusion— A categorical exclusion is available to the Secretary to develop and carry out a forest management activity on National Forest System land in any case in which 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, in accordance with the applicable forest plan.
(b)
Acreage limitations— A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.

Sec. 205 Alternative agency consultation procedures

(a)
Forest management activities—
(1)
In general— Subject to paragraph (2), for each forest management activity covered by a categorical exclusion granted by this title, the Secretary shall satisfy the applicable interagency consultation obligations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) by achieving compliance with the alternative consultation procedures established in subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations).
(2)
References— For purposes of this subsection, all references contained in subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations)—
(A)
to the term U.S. Environmental Protection Agency or EPA shall be considered to be a reference to the Secretary; and
(B)
to the term FIFRA action shall be considered to be a reference to a forest management activity covered by a categorical exclusion granted by this title.
(b)
Interim timelines— Until the date on which an alternative consultation agreement under subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations), is entered into with respect to a forest management activity under subsection (a)—
(1)
any formal or informal interagency consultation regarding the forest management activity shall be completed by not later than the date that is 30 days after the date on which the Secretary submits a written request for consultation; and
(2)
a biological opinion or letter of concurrence, as appropriate, shall be issued by not later than the date that is 10 days after the date of completion of that consultation.