Establishment of fuel breaks in forests and other wildland vegetation

16 U.S.C. § 6592b
in effect
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(a) Definition of Secretary concernedIn this section, the term “Secretary concerned” means—(1) the Secretary of Agriculture, with respect to National Forest System land; and (2) the Secretary of the Interior, with respect to public lands (as defined in section 1702 of title 43) administered by the Bureau of Land Management. (b) Categorical exclusion establishedForest management activities described in subsection (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 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 generalThe category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 1702 of title 43) 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; and (B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community. (2) ActivitiesSubject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (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 species; (H) controlled burns and broadcast burning; and (I) burning of piles, including jackpot piles. (3) Excluded activitiesA forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted—(A) in a component of the National Wilderness Preservation System; (B) on Federal land 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 study area; or (D) in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan. (4) Extraordinary circumstancesThe Secretary concerned 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). (d) Acreage and location limitationsTreatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)—(1) may not contain treatment units in excess of 3,000 acres; (2) shall be located primarily in—(A) the wildland-urban interface or a public drinking water source area; (B) if located outside the wildland-urban interface or a public drinking water source area, an area 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 designated by the Secretary concerned as of November 15, 2021; and (3) shall consider the best available scientific information. (e) Roads(1) Permanent roadsA project under this section shall not include the establishment of permanent roads. (2) Existing roadsThe Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. (3) Temporary roadsThe Secretary concerned 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. (f) Public collaborationTo encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project—(1) collaboration among State and local governments and Indian Tribes; and (2) participation of interested persons.

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