---
kind: "section"
citation: "16 U.S.C. § 6592b"
title: "16"
title_heading: "Conservation"
number: "6592b"
heading: "Establishment of fuel breaks in forests and other wildland vegetation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/6592b"
units:
  - "Chapter 84 — Healthy Forest Restoration"
  - "Subchapter VI — Miscellaneous"
---

# §6592b. Establishment of fuel breaks in forests and other wildland vegetation

- (a) **Definition of Secretary concerned—** In this section, the term “[Secretary concerned](/usc/16/620e.md?p=8)” means—
  - (1) the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture, with respect to National Forest System land; and
  - (2) the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, with respect to [public lands](/usc/16/620e.md?p=7) (as defined in [section 1702 of title 43](/usc/43/1702.md)) administered by the Bureau of Land Management.
- (b) **Categorical exclusion established—** Forest management activities described in [subsection (c)](#c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) if the categorical exclusion is documented through a supporting record and decision memorandum.
- (c) **Forest management activities designated for categorical exclusion—**
  - (1) **In general—** The category of forest management activities designated under [subsection (b)](#b) for a categorical exclusion are forest management activities described in [paragraph (2)](#c-2) that are carried out by the [Secretary concerned](/usc/16/620e.md?p=8) on [public lands](/usc/16/620e.md?p=7) (as defined in [section 1702 of title 43](/usc/43/1702.md)) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are—
    - (A) up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on [Federal land](/usc/16/6502.md?p=1); and
    - (B) intended to reduce the risk of uncharacteristic wildfire on [Federal land](/usc/16/6502.md?p=1) or catastrophic wildfire for an adjacent at-risk community.
  - (2) **Activities—** Subject to [paragraph (3)](#c-3), the forest management activities that may be carried out pursuant to the categorical exclusion established under [subsection (b)](#b) are—
    - (A) mowing or masticating;
    - (B) thinning by manual and mechanical cutting;
    - (C) piling, yarding, and removal of slash or hazardous fuels;
    - (D) selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts;
    - (E) targeted grazing;
    - (F) application of—
      - (i) pesticide;
      - (ii) biopesticide; or
      - (iii) herbicide;
    - (G) seeding of [native](/usc/16/3102.md?p=16) species;
    - (H) controlled burns and broadcast burning; and
    - (I) burning of piles, including jackpot piles.
  - (3) **Excluded activities—** A forest management activity described in [paragraph (2)](#c-2) may not be carried out pursuant to the categorical exclusion established under [subsection (b)](#b) if the activity is conducted—
    - (A) in a component of the [National Wilderness Preservation System](/usc/16/3102.md?p=13);
    - (B) on [Federal land](/usc/16/6502.md?p=1) on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation;
    - (C) in a [wilderness](/usc/16/3102.md?p=13) study [area](/usc/16/539m–1.md?p=1-A); or
    - (D) in an [area](/usc/16/539m–1.md?p=1-A) in which carrying out the activity would be inconsistent with the applicable land [management plan](/usc/16/544.md?p=k) or resource [management plan](/usc/16/544.md?p=k).
  - (4) **Extraordinary circumstances—** The [Secretary concerned](/usc/16/620e.md?p=8) shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under [subsection (b)](#b).
- (d) **Acreage and location limitations—** Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under [subsection (b)](#b)—
  - (1) may not contain treatment [units](/usc/16/430f–7.md?p=4) in excess of 3,000 acres;
  - (2) shall be located primarily in—
    - (A) the wildland-urban interface or a public drinking water source [area](/usc/16/539m–1.md?p=1-A);
    - (B) if located outside the wildland-urban interface or a public drinking water source [area](/usc/16/539m–1.md?p=1-A), an [area](/usc/16/539m–1.md?p=1-A) within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or
    - (C) an insect or disease [area](/usc/16/539m–1.md?p=1-A) designated by the [Secretary concerned](/usc/16/620e.md?p=8) as of November 15, 2021; and
  - (3) shall consider the best available scientific information.
- (e) **Roads—**
  - (1) **Permanent roads—** A [project](/usc/16/410r–5.md?p=c-4) under this section shall not include the establishment of permanent roads.
  - (2) **Existing roads—** The [Secretary concerned](/usc/16/620e.md?p=8) may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.
  - (3) **Temporary roads—** The [Secretary concerned](/usc/16/620e.md?p=8) shall decommission any temporary road constructed under a [project](/usc/16/410r–5.md?p=c-4) under this section not later than 3 years after the date on which the [project](/usc/16/410r–5.md?p=c-4) is completed.
- (f) **Public collaboration—** To encourage meaningful public participation during the preparation of a [project](/usc/16/410r–5.md?p=c-4) under this section, the [Secretary concerned](/usc/16/620e.md?p=8) shall facilitate, during the preparation of each [project](/usc/16/410r–5.md?p=c-4)—
  - (1) collaboration among [State](/usc/16/590q.md?p=a) and local governments and [Indian Tribes](/usc/16/544.md?p=g); and
  - (2) participation of interested [persons](/usc/16/450rr–1.md?p=b).

## Source credit

(Pub. L. 117–58, div. D, title VIII, § 40806, Nov. 15, 2021, 135 Stat. 1110.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

### Codification

Section was enacted as part of the Infrastructure Investment and Jobs Act, and not as part of the Healthy Forests Restoration Act of 2003 which comprises this chapter.

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

### Definitions

For definition of “Indian Tribe” as used in this section, see section 5304 of Title 25, Indians, as made applicable by section 18701(2) of Title 42, The Public Health and Welfare.