CHAPTER 84 -HEALTHY FOREST RESTORATION!@!Sec. 6501 -->
The purposes of this chapter are—
(1) to reduce wildfire risk to communities, municipal water supplies, and other at-risk Federal land through a collaborative process of planning, prioritizing, and implementing hazardous fuel reduction projects;
(2) to authorize grant programs to improve the commercial value of forest biomass (that otherwise contributes to the risk of catastrophic fire or insect or disease infestation) for producing electric energy, useful heat, transportation fuel, and petroleum-based product substitutes, and for other commercial purposes;
(3) to enhance efforts to protect watersheds and address threats to forest and rangeland health, including catastrophic wildfire, across the landscape;
(4) to promote systematic gathering of information to address the impact of insect and disease infestations and other damaging agents on forest and rangeland health;
(5) to improve the capacity to detect insect and disease infestations at an early stage, particularly with respect to hardwood forests; and
(6) to protect, restore, and enhance forest ecosystem components—
(A) to promote the recovery of threatened and endangered species;
(B) to improve biological diversity; and
(C) to enhance productivity and carbon sequestration.
This chapter, referred to in text, was in the original "this Act", meaning
Dec. 3, 2003, 117 Stat. 1887 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
§1(a), Dec. 3, 2003, 117 Stat. 1887 , provided that: "This Act [enacting this chapter and section 2103b of this title and amending sections 6601, 8606, and 8609 of Title 7 , Agriculture] may be cited as the 'Healthy Forests Restoration Act of 2003'."
"(a) Map Required .—Not later than 2 years after the date of the enactment of this section [Mar. 23, 2018], the Secretary of Agriculture, acting through the Chief of the Forest Service, shall—
"(1) develop and publish a geospatial map appropriate for community-level use that depicts wildfire hazard severity to inform at-risk communities that are—
"(A) adjacent to National Forest System lands; or
"(B) affected by wildland fire, as determined by the Secretary; and
"(2) disseminate the information under paragraph (1) in an appropriate, web-based format for use by such communities to—
"(A) improve understanding of their risk profile;
"(B) clarify thinking on the nature and effect of wildfire risks; and
"(C) develop plans to manage and mitigate those risks.
"(b) Purposes of Map .—The purposes of the map required under subsection (a) are as follows:
"(1) To inform evaluations of wildfire risk.
"(2) To prioritize fuels management needs.
"(3) To depict the relative potential for wildfire that could be difficult for suppression resources to contain and that could cause ignitions to structures.
"(c) Consultation .—In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult with—
"(1) the Secretary of the Interior;
"(2) the Administrator of the Federal Emergency Management Agency;
"(3) other appropriate Federal agencies;
"(5) relevant colleges, universities, and institutions of higher education with relevant expertise; and
"(6) other entities, as appropriate.
"(d) At-risk Community Defined .—The term 'at-risk community' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )."
Ex. Ord. No. 14072, Apr. 22, 2022, 87 F.R. 24851, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Strengthening America's forests, which are home to cherished expanses of mature and old-growth forests on Federal lands, is critical to the health, prosperity, and resilience of our communities—particularly in light of the threat of catastrophic wildfires. Forests provide clean air and water, sustain the plant and animal life fundamental to combating the global climate and biodiversity crises, and hold special importance to Tribal Nations. We go to these special places to hike, camp, hunt, fish, and engage in recreation that revitalizes our souls and connects us to history and nature. Many local economies thrive because of these outdoor and forest management activities, including in the sustainable forest product sector.
Globally, forests represent some of the most biodiverse parts of our planet and play an irreplaceable role in reaching net-zero greenhouse gas emissions. Terrestrial carbon sinks absorb around 30 percent of the carbon dioxide emitted by human activities each year. Here at home, America's forests absorb more than 10 percent of annual United States economy-wide greenhouse gas emissions. Conserving old-growth and mature forests on Federal lands while supporting and advancing climate-smart forestry and sustainable forest products is critical to protecting these and other ecosystem services provided by those forests.
Despite their importance, the world's forests are quickly disappearing; only a small fraction of the world's mature and old-growth forests remains. Here at home, the primary threats to forests, including mature and old-growth forests, include climate impacts, catastrophic wildfires, insect infestation, and disease. We can and must take action to conserve, restore, reforest, and manage our magnificent forests here at home and, working closely with international partners, throughout the world.
It is the policy of my Administration, in consultation with State, local, Tribal, and territorial governments, as well as the private sector, nonprofit organizations, labor unions, and the scientific community, to pursue science-based, sustainable forest and land management; conserve America's mature and old-growth forests on Federal lands; invest in forest health and restoration; support indigenous traditional ecological knowledge and cultural and subsistence practices; honor Tribal treaty rights; and deploy climate-smart forestry practices and other nature-based solutions to improve the resilience of our lands, waters, wildlife, and communities in the face of increasing disturbances and chronic stress arising from climate impacts. It is also the policy of my Administration, as outlined in Conserving and Restoring America the Beautiful, to support collaborative, locally led conservation solutions.
The Infrastructure Investment and Jobs Act (IIJA) [
see Tables for classification] I signed into law provides generational investments in ecosystem restoration and wildfire risk reduction. As we use this funding, we will seek opportunities, consistent with the IIJA, to conserve our mature and old-growth forests on Federal lands and restore the health and vibrancy of our Nation's forests by reducing the threat of catastrophic wildfires through ecological treatments that create resilient forest conditions using active, science-based forest management and prescribed fires; by incorporating indigenous traditional ecological knowledge; and by scaling up and optimizing climate-smart reforestation. My Administration also is committed to doing its part to combat deforestation around the world and to working with our international partners toward sustainable management of the world's lands, waters, and ocean.
Sec. 2. Restoring and Conserving the Nation's Forests, Including Mature and Old-Growth Forests. My Administration will manage forests on Federal lands, which include many mature and old-growth forests, to promote their continued health and resilience; retain and enhance carbon storage; conserve biodiversity; mitigate the risk of wildfires; enhance climate resilience; enable subsistence and cultural uses; provide outdoor recreational opportunities; and promote sustainable local economic development. Science-based reforestation is one of the greatest opportunities both globally and in the United States for the land sector to contribute to climate and biodiversity goals. To further conserve mature and old-growth forests and foster long-term United States forest health through climate-smart reforestation for the benefit of Americans today and for generations to come, the following actions shall be taken, in consultation with State, local, Tribal, and territorial governments and the public, and to the extent consistent with applicable law:
(a) The Secretary of the Interior and the Secretary of Agriculture (Secretaries)—the Federal Government's primary land managers—shall continue to jointly pursue wildfire mitigation strategies, which are already driving important actions to confront a pressing threat to mature and old-growth forests on Federal lands: catastrophic wildfires driven by decades of fire exclusion and climate change.
(b) The Secretary of the Interior, with respect to public lands managed by the Bureau of Land Management, and the Secretary of Agriculture, with respect to National Forest System lands, shall, within 1 year of the date of this order [Apr. 22, 2022], define, identify, and complete an inventory of old-growth and mature forests on Federal lands, accounting for regional and ecological variations, as appropriate, and shall make such inventory publicly available.
(c) Following completion of the inventory, the Secretaries shall:
(i) coordinate conservation and wildfire risk reduction activities, including consideration of climate-smart stewardship of mature and old-growth forests, with other executive departments and agencies (agencies), States, Tribal Nations, and any private landowners who volunteer to participate;
(ii) analyze the threats to mature and old-growth forests on Federal lands, including from wildfires and climate change; and
(iii) develop policies, with robust opportunity for public comment, to institutionalize climate-smart management and conservation strategies that address threats to mature and old-growth forests on Federal lands.
(d) The Secretaries, in coordination with the heads of other agencies as appropriate, shall within 1 year of the date of this order:
(i) develop a Federal goal that charges agencies to meet agency-specific reforestation targets by 2030, including an assessment of reforestation opportunities on Federal lands and through existing Federal programs and partnerships;
(ii) develop, in collaboration with Federal, State, Tribal, and private-sector partners, a climate-informed plan (building on existing efforts) to increase Federal cone and seed collection and to ensure seed and seedling nursery capacity is sufficient to meet anticipated reforestation demand; and
(iii) develop, in coordination with the Secretary of Commerce, with State, local, Tribal, and territorial governments, and with the private sector, nonprofit organizations, labor unions, and the scientific community, recommendations for community-led local and regional economic development opportunities to create and sustain jobs in the sustainable forest product sector, including innovative materials, and in outdoor recreation, while supporting healthy, sustainably managed forests in timber communities.
Sec. 3. Stopping International Deforestation. As described in the Plan to Conserve Global Forests: Critical Carbon Sinks, my Administration has committed to deliver, by 2030, on collective global goals to end natural forest loss and to restore at least an additional 200 million hectares of forests and other ecosystems, while showcasing new economic models that reflect the services provided by critical ecosystems around the world. The plan recognizes that conserving and restoring global forest and peatland ecosystems, particularly in the Amazon, Congo Basin, and Southeast Asia, can provide significant global greenhouse gas emissions mitigation, both by preventing the emissions caused by deforestation and by increasing the amount of carbon dioxide captured from the atmosphere and stored in soils and forest biomass. My Administration is also committed to combating illegal logging and stopping trade in illegally sourced wood products pursuant to the Lacey Act, as amended, [see] 16 U.S.C. 3371 et seq., and to addressing the related importation of commodities sourced from recently deforested land. To further advance these commitments, conserve these critical ecosystems, and address drivers of global deforestation—including illegal forest clearing to produce agricultural commodities—the following actions shall be taken:
(a) within 1 year of the date of this order, the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Homeland Security (through the Commissioner of U.S. Customs and Border Protection), the Administrator of the Small Business Administration, the Administrator of the United States Agency for International Development, the United States Trade Representative, and the Special Presidential Envoy for Climate, shall submit a report to the President evaluating options, including recommendations for proposed legislation, for a whole-of-government approach to combating international deforestation that includes:
(i) an analysis of the feasibility of limiting or removing specific commodities grown on lands deforested either illegally or after December 31, 2020, from agricultural supply chains; and
(ii) an analysis of the potential for public-private partnerships with major agricultural commodity buyers, traders, financial institutions, and other actors to voluntarily reduce or eliminate the purchase of such commodities and incentivize sourcing of sustainably produced agricultural commodities.
(b) within 1 year of the date of this order, the Secretary of State, in coordination with other appropriate agencies, shall submit a report to the President on how agencies that engage in international programming, assistance, finance, investment, trade, and trade promotion, can, consistent with applicable law, accomplish the following:
(i) incorporate the assessment of risk of deforestation and other land conversion into guidance on foreign assistance and investment programming related to infrastructure development, agriculture, settlements, land use planning or zoning, and energy siting and generation;
(ii) address deforestation and land conversion risk in new relevant trade agreements and seek to address such risks, where possible, in the implementation of existing trade agreements;
(iii) identify and engage in international processes and fora, as appropriate, to pursue approaches to combat deforestation and enhance sustainable land use opportunities in preparing climate, development, and finance strategies;
(iv) engage other major commodity-importing and commodity-producing countries to advance common interests in addressing commodity-driven deforestation; and
(v) assess options to direct foreign assistance and other agency programs and tools, as appropriate, to help threatened forest communities transition to an economically sustainable future, with special attention to the participation of and the critical role played by indigenous peoples and local communities and landholders in protecting and restoring forests and in reducing deforestation and forest degradation.
Sec. 4. Deploying Nature-Based Solutions to Tackle Climate Change and Enhance Resilience. Just as forest conservation, restoration, and adaptation generate broad benefits related to climate change and other areas, other nature-based solutions can advance multiple benefits. These solutions include actions that protect coasts and critical marine ecosystems, reduce flooding, moderate extreme heat, replenish groundwater sources, capture and store carbon dioxide, conserve biodiversity, and improve the productivity of agricultural and forest lands to produce food and fiber. To ensure that agencies pursue nature-based solutions, to the extent consistent with applicable law and supported by science, the following actions shall be taken:
(a) The Chair of the Council on Environmental Quality, the Director of the Office of Science and Technology Policy, and the Assistant to the President and National Climate Advisor shall, in consultation with the Secretary of Defense (through the Assistant Secretary of the Army for Civil Works), the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce (through the Administrator of the National Oceanic and Atmospheric Administration), the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Homeland Security (through the Administrator of the Federal Emergency Management Agency), the Administrator of the Environmental Protection Agency, the Administrator of the Small Business Administration, and the heads of other agencies as appropriate, submit a report to the National Climate Task Force to identify key opportunities for greater deployment of nature-based solutions across the Federal Government, including through potential policy, guidance, and program changes.
(b) The Director of the Office of Management and Budget shall issue guidance related to the valuation of ecosystem and environmental services and natural assets in Federal regulatory decision-making, consistent with the efforts to modernize regulatory review required by my Presidential Memorandum of January 20, 2021 (Modernizing Regulatory Review) [86 F.R. 7223].
(c) Implementation of the United States Global Change Research Program shall include an assessment of the condition of nature within the United States in a report carrying out section 102 of the Global Change Research Act of 1990, 15 U.S.C. 2932 .
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!Sec. 6502 -->
In this chapter:
The term "Federal land" means—
(A) land of the National Forest System (as defined in section 1609(a) of this title ) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
(B) public lands (as defined in section 1702 of title 43 ), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
The term "Indian tribe" has the meaning given the term in section 5304 of title 25 .
This chapter, referred to in text, was in the original "this Act", meaning
Dec. 3, 2003, 117 Stat. 1887 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6501 of this title and Tables.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND -->
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6511 -->
In this subchapter:
The term "at-risk community" means an area—
(A) that is comprised of—
(i) an interface community as defined in the notice entitled "Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire" issued by the Secretary of Agriculture and the Secretary of the Interior in accordance with title IV of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 114 Stat. 1009 ) (66 Fed. Reg. 753, January 4, 2001); or
(ii) a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) within or adjacent to Federal land;
(B) in which conditions are conducive to a large-scale wildland fire disturbance event; and
(C) for which a significant threat to human life or property exists as a result of a wildland fire disturbance event.
The term "authorized hazardous fuel reduction project" means the measures and methods described in the definition of "appropriate tools" contained in the glossary of the Implementation Plan, on Federal land described in section 6512(a) of this title and conducted under sections 6513 and 6514 of this title .
The term "authorized hazardous fuel reduction project" includes, using the measures and methods described in subparagraph (A), the installation of—
(i) a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a "fuel break"); and
(ii) a natural or constructed barrier used to stop or check a fire or to provide a control line from which to work to stop or check a fire (commonly known as a "firebreak").
The term "community wildfire protection plan" means a plan for an at-risk community that—
(A) is developed within the context of the collaborative agreements and the guidance established by the Wildland Fire Leadership Council and agreed to by the applicable local government, local fire department, and State agency responsible for forest management, in consultation with interested parties and the Federal land management agencies managing land in the vicinity of the at-risk community;
(B) identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment on Federal and non-Federal land that will protect 1 or more at-risk communities and essential infrastructure; and
(C) recommends measures to reduce structural ignitability throughout the at-risk community.
The term "condition class 2", with respect to an area of Federal land, means the condition class description developed by the Forest Service Rocky Mountain Research Station in the general technical report entitled "Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management" (RMRS–87), dated April 2000 (including any subsequent revision to the report), under which—
(A) fire regimes on the land have been moderately altered from historical ranges;
(B) there exists a moderate risk of losing key ecosystem components from fire;
(C) fire frequencies have increased or decreased from historical frequencies by 1 or more return intervals, resulting in moderate changes to—
(i) the size, frequency, intensity, or severity of fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been moderately altered from the historical range of the attributes.
The term "condition class 3", with respect to an area of Federal land, means the condition class description developed by the Rocky Mountain Research Station in the general technical report referred to in paragraph (4) (including any subsequent revision to the report), under which—
(A) fire regimes on land have been significantly altered from historical ranges;
(B) there exists a high risk of losing key ecosystem components from fire;
(C) fire frequencies have departed from historical frequencies by multiple return intervals, resulting in dramatic changes to—
(i) the size, frequency, intensity, or severity of fires; or
(ii) landscape patterns; and
(D) vegetation attributes have been significantly altered from the historical range of the attributes.
The term "day" means—
(A) a calendar day; or
(B) if a deadline imposed by this subchapter would expire on a nonbusiness day, the end of the next business day.
The term "decision document" means—
(A) a decision notice (as that term is used in the Forest Service Handbook);
(B) a decision record (as that term is used in the Bureau of Land Management Handbook); and
(C) a record of decision (as that term is used in applicable regulations of the Council on Environmental Quality).
The term "fire regime I" means an area—
(A) in which historically there have been low-severity fires with a frequency of 0 through 35 years; and
(B) that is located primarily in low elevation forests of pine, oak, or pinyon juniper.
The term "fire regime II" means an area—
(A) in which historically there are stand replacement severity fires with a frequency of 0 through 35 years; and
(B) that is located primarily in low- to mid-elevation rangeland, grassland, or shrubland.
The term "fire regime III" means an area—
(A) in which historically there are mixed severity fires with a frequency of 35 through 100 years; and
(B) that is located primarily in forests of mixed conifer, dry Douglas fir, or wet Ponderosa pine.
The term "Implementation Plan" means the Implementation Plan for the Comprehensive Strategy for a Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment, dated May 2002, developed pursuant to the conference report to accompany the Department of the Interior and Related Agencies Appropriations Act, 2001 (House Report No. 106–64) 1 (and subsequent revisions).
The term "municipal water supply system" means the reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, and other surface facilities and systems constructed or installed for the collection, impoundment, storage, transportation, or distribution of drinking water.
The term "resource management plan" means—
(A) a land and resource management plan prepared for 1 or more units of land of the National Forest System described in section 6502(1)(A) of this title under section 1604 of this title ; or
(B) a land use plan prepared for 1 or more units of the public land described in section 6502(1)(B) of this title under section 1712 of title 43 .
The term "Secretary" means—
(A) the Secretary of Agriculture, with respect to land of the National Forest System described in section 6502(1)(A) of this title ; and
(B) the Secretary of the Interior, with respect to public lands described in section 6502(1)(B) of this title .
The term "threatened and endangered species habitat" means Federal land identified in—
(A) a determination that a species is an endangered species or a threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. );
(B) a designation of critical habitat of the species under that Act; or
(C) a recovery plan prepared for the species under that Act.
The term "wildland-urban interface" means—
(A) an area within or adjacent to an at-risk community that is identified in recommendations to the Secretary in a community wildfire protection plan; or
(B) in the case of any area for which a community wildfire protection plan is not in effect—
(i) an area extending ½-mile from the boundary of an at-risk community;
(ii) an area within 1½ miles of the boundary of an at-risk community, including any land that—
(I) has a sustained steep slope that creates the potential for wildfire behavior endangering the at-risk community;
(II) has a geographic feature that aids in creating an effective fire break, such as a road or ridge top; or
(III) is in condition class 3, as documented by the Secretary in the project-specific environmental analysis; and
(iii) an area that is adjacent to an evacuation route for an at-risk community that the Secretary determines, in cooperation with the at-risk community, requires hazardous fuel reduction to provide safer evacuation from the at-risk community.
The Department of the Interior and Related Agencies Appropriations Act, 2001, referred to in pars. (1)(A)(i) and (11), is
Oct. 11, 2000, 114 Stat. 922 . Title IV of the act is not classified to the Code. For complete classification of this Act to the Code, see Tables.
House Report No. 106–64, referred to in par. (11), does not exist. However, there was a House Report No. 106–646 that accompanied H.R. 4578, which became the Department of the Interior and Related Agencies Appropriations Act, 2001. The conference report that accompanied H.R. 4578 was H. Rept. 106–914.
The Endangered Species Act of 1973, referred to in par. (15), is
Dec. 28, 1973, 87 Stat. 884 , which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6512 -->
As soon as practicable after December 3, 2003, the Secretary shall implement authorized hazardous fuel reduction projects, consistent with the Implementation Plan, on—
(1) Federal land in wildland-urban interface areas;
(2) condition class 3 Federal land, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(3) condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III, in such proximity to a municipal water supply system or a stream feeding such a system within a municipal watershed that a significant risk exists that a fire disturbance event would have adverse effects on the water quality of the municipal water supply or the maintenance of the system, including a risk to water quality posed by erosion following such a fire disturbance event;
(4) Federal land on which windthrow or blowdown, ice storm damage, the existence of an epidemic of disease or insects, or the presence of such an epidemic on immediately adjacent land and the imminent risk it will spread, poses a significant threat to an ecosystem component, or forest or rangeland resource, on the Federal land or adjacent non-Federal land; and
(5) Federal land not covered by paragraphs (1) through (4) that contains threatened and endangered species habitat, if—
(A) natural fire regimes on that land are identified as being important for, or wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species in a species recovery plan prepared under section 1533 of this title , or a notice published in the Federal Register determining a species to be an endangered species or a threatened species or designating critical habitat;
(B) the authorized hazardous fuel reduction project will provide enhanced protection from catastrophic wildfire for the endangered species, threatened species, or habitat of the endangered species or threatened species; and
(C) the Secretary complies with any applicable guidelines specified in any management or recovery plan described in subparagraph (A).
An authorized hazardous fuel reduction project shall be conducted consistent with the resource management plan and other relevant administrative policies or decisions applicable to the Federal land covered by the project.
Not more than a total of 20,000,000 acres of Federal land may be treated under authorized hazardous fuel reduction projects.
The Secretary may not conduct an authorized hazardous fuel reduction project that would occur on—
(1) a component of the National Wilderness Preservation System;
(2) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress or Presidential proclamation (including the applicable implementation plan); or
(3) a Wilderness Study Area.
In this subsection and subsection (f):
The term "applicable period" means—
(i) the 2-year period beginning on December 3, 2003; or
(ii) in the case of a resource management plan that the Secretary is in the process of revising as of December 3, 2003, the 3-year period beginning on December 3, 2003.
The term "covered project" means an authorized hazardous fuel reduction project carried out on land described in paragraph (1), (2), (3), or (5) of subsection (a).
The term "management direction" means definitions, designations, standards, guidelines, goals, or objectives established for an old growth stand under a resource management plan developed in accordance with applicable law, including section 1604(g)(3)(B) of this title .
The term "old growth stand" has the meaning given the term under management direction used pursuant to paragraphs (3) and (4), based on the structure and composition characteristic of the forest type, and in accordance with applicable law, including section 1604(g)(3)(B) of this title .
In carrying out a covered project, the Secretary shall fully maintain, or contribute toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health, and retaining the large trees contributing to old growth structure.
If the management direction for an old growth stand was established on or after December 15, 1993, the Secretary shall meet the requirements of paragraph (2) in carrying out a covered project by implementing the management direction.
Any amendment or revision to management direction for which final administrative approval is granted after December 3, 2003, shall be consistent with paragraph (2) for the purpose of carrying out covered projects.
If the management direction for an old growth stand was established before December 15, 1993, the Secretary shall meet the requirements of paragraph (2) in carrying out a covered project during the applicable period by implementing the management direction.
Subject to subparagraph (C), during the applicable period for management direction referred to in subparagraph (A), the Secretary shall—
(i) review the management direction for affected covered projects, taking into account any relevant scientific information made available since the adoption of the management direction; and
(ii) amend the management direction for affected covered projects to be consistent with paragraph (2), if necessary to reflect relevant scientific information the Secretary did not consider in formulating the management direction.
If the Secretary does not complete the review of the management direction in accordance with subparagraph (B) before the end of the applicable period, the Secretary shall not carry out any portion of affected covered projects in stands that are identified as old growth stands (based on substantial supporting evidence) by any person during scoping, within the period—
(i) beginning at the close of the applicable period for the management direction governing the affected covered projects; and
(ii) ending on the earlier of—
(I) the date the Secretary completes the action required by subparagraph (B) for the management direction applicable to the affected covered projects; or
(II) the date on which the acreage limitation specified in subsection (c) (as that limitation may be adjusted by a subsequent Act of Congress) is reached.
Nothing in this subsection requires the Secretary to revise or otherwise amend a resource management plan to make the project requirements of paragraph (2) apply to an activity other than a covered project.
Except in old growth stands where the management direction is consistent with subsection (e)(2), the Secretary shall carry out a covered project in a manner that—
(A) focuses largely on small diameter trees, thinning, strategic fuel breaks, and prescribed fire to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and
(B) maximizes the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands.
Nothing in this subsection prevents achievement of the purposes described in section 6501(1) of this title .
For each Forest Service administrative region and each Bureau of Land Management State Office, the Secretary shall—
(A) monitor the results of a representative sample of the projects authorized under this subchapter for each management unit; and
(B) not later than 5 years after December 3, 2003, and each 5 years thereafter, issue a report that includes—
(i) an evaluation of the progress towards project goals; and
(ii) recommendations for modifications to the projects and management treatments.
An authorized hazardous fuel reduction project approved following the issuance of a monitoring report shall, to the maximum extent practicable, be consistent with any applicable recommendations in the report.
The results of a monitoring report shall be made available for use (if appropriate) in an authorized hazardous fuels reduction project conducted in a similar vegetation type on land under the jurisdiction of the Secretary.
Monitoring and assessment shall include a description of the changes in condition class, using the Fire Regime Condition Class Guidebook or successor guidance, specifically comparing end results to—
(A) pretreatment conditions;
(B) historical fire regimes; and
(C) any applicable watershed or landscape goals or objectives in the resource management plan or other relevant direction.
In an area where significant interest is expressed in multiparty monitoring, the Secretary shall establish a multiparty monitoring, evaluation, and accountability process in order to assess the positive or negative ecological and social effects of authorized hazardous fuel reduction projects and projects conducted pursuant to section 6554 of this title .
The Secretary shall include diverse stakeholders (including interested citizens and Indian tribes) in the process required under subparagraph (A).
Funds to carry out this paragraph may be derived from operations funds for projects described in subparagraph (A).
The Secretary may collect monitoring data by entering into cooperative agreements or contracts with, or providing grants to, small or micro-businesses, cooperatives, nonprofit organizations, Youth Conservation Corps work crews, or related State, local, and other non-Federal conservation corps.
For each administrative unit, the Secretary shall track acres burned, by the degree of severity, by large wildfires (as defined by the Secretary).
The Secretary shall, to the maximum extent practicable, develop a process for monitoring the need for maintenance of treated areas, over time, in order to preserve the forest health benefits achieved.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6513 -->
In accordance with the Implementation Plan, the Secretary shall develop an annual program of work for Federal land that gives priority to authorized hazardous fuel reduction projects that provide for the protection of at-risk communities or watersheds or that implement community wildfire protection plans.
The Secretary shall consider recommendations under subsection (a) that are made by at-risk communities that have developed community wildfire protection plans.
Chapter 10 of title 5 shall not apply to the planning process and recommendations concerning community wildfire protection plans.
Federal agency involvement in developing a community wildfire protection plan, or a recommendation made in a community wildfire protection plan, shall not be considered a Federal agency action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
In implementing authorized hazardous fuel reduction projects on Federal land, the Secretary shall, in accordance with section 6514 of this title , comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Subject to subparagraph (B), the Secretary shall use not less than 50 percent of the funds allocated for authorized hazardous fuel reduction projects in the wildland-urban interface.
The funding allocation in subparagraph (A) shall apply at the national level. The Secretary may allocate the proportion of funds differently than is required under subparagraph (A) within individual management units as appropriate, in particular to conduct authorized hazardous fuel reduction projects on land described in section 6512(a)(4) of this title .
In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on December 3, 2003, the Secretary shall use existing definitions of the term "wildland-urban interface" rather than the definition of that term provided under section 6511 of this title .
In providing financial assistance under any provision of law for hazardous fuel reduction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have developed community wildfire protection plans.
In allocating funding under this paragraph, the Secretary should, to the maximum extent practicable, give priority to communities that have adopted a community wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on private property.
In this subsection:
The term "hazardous fuel reduction project" means a hazardous fuel reduction project described in paragraph (2).
The term "non-Federal land" includes—
(iii) Tribal land;
(iv) private land; and
(v) other non-Federal land.
The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2101a(a) of this title , as mutually agreed to by the State forester and the Regional Forester.
To conduct and fund treatments for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under—
(A) section 2113a of this title ; and
(B) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 16 U.S.C. 1011 note ;
Public Law 106–291
In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in consultation with the Secretary—
(A) shall consult with any applicable owners of the non-Federal land; and
(B) shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land.
There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023.
The National Environmental Policy Act of 1969, referred to in subsec. (c), is
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.
2022—Subsec. (b)(2).
substituted " Chapter 10 of title 5 " for "The Federal Advisory Committee Act (5 U.S.C. App.)".
2018—Subsec. (e).
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6514 -->
Except as otherwise provided in this subchapter, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with—
(1) the National Environmental Policy Act of 1969 [ 42 U.S.C. 4321 et seq. ]; and
(2) other applicable laws.
The Secretary shall prepare 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 each authorized hazardous fuel reduction project.
Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe—
(A) the proposed agency action;
(B) the alternative of no action; and
(C) an additional action alternative, if the additional alternative—
(i) is proposed during scoping or the collaborative process under subsection (f); and
(ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality.
If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall—
(A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and
(B) provide a written record describing the reasons for the selection.
For an authorized hazardous fuel reduction project that is proposed to be conducted in the wildland-urban interface, the Secretary is not required to study, develop, or describe more than the proposed agency action and 1 action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ).
Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be conducted in the wildland-urban interface is located no further than 1½ miles from the boundary of an at-risk community, the Secretary is not required to study, develop, or describe any alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ).
In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a community wildfire protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ).
The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines.
During the preparation stage of each authorized hazardous fuel reduction project, the Secretary shall—
(A) conduct a public meeting at an appropriate location proximate to the administrative unit of the Federal land on which the authorized hazardous fuel reduction project will be conducted; and
(B) provide advance notice of the location, date, and time of the meeting.
In order to encourage meaningful public participation during preparation of authorized hazardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the Implementation Plan.
In accordance with section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement for an authorized hazardous fuel reduction project.
The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.
The National Environmental Policy Act of 1969, referred to in subsec. (a)(1), is
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.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6515 -->
Not later than 30 days after December 3, 2003, the Secretary of Agriculture shall promulgate interim final regulations to establish a predecisional administrative review process for the period described in paragraph (2) that will serve as the sole means by which a person can seek administrative review regarding an authorized hazardous fuel reduction project on Forest Service land.
The predecisional administrative review process required under paragraph (1) shall occur during the period—
(A) beginning after the completion of the environmental assessment or environmental impact statement; and
(B) ending not later than the date of the issuance of the final decision approving the project.
To be eligible to participate in the administrative review process for an authorized hazardous fuel reduction project under paragraph (1), a person shall submit to the Secretary, during scoping or the public comment period for the draft environmental analysis for the project, specific written comments that relate to the proposed action.
The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations.
The Secretary shall promulgate final regulations to establish the process described in subsection (a)(1) after the interim final regulations have been published and reasonable time has been provided for public comment.
A person may bring a civil action challenging an authorized hazardous fuel reduction project in a Federal district court only if the person has challenged the authorized hazardous fuel reduction project by exhausting—
(A) the administrative review process established by the Secretary of Agriculture under this section; or
(B) the administrative hearings and appeals procedures established by the Department of the Interior.
An issue may be considered in the judicial review of an action under section 6516 of this title only if the issue was raised in an administrative review process described in paragraph (1).
An exception to the requirement of exhausting the administrative review process before seeking judicial review shall be available if a Federal court finds that the futility or inadequacy exception applies to a specific plaintiff or claim.
If an agency fails or is unable to make information timely available during the administrative review process, a court should evaluate whether the administrative review process was inadequate for claims or issues to which the information is material.
title VIII, §8006(b), Feb. 7, 2014, 128 Stat. 913 , provided that: "Section 428 of division E of the Consolidated Appropriations Act, 2012 ( 16 U.S.C. 6515 note ;
Public Law 112–74
) shall not apply to any project or activity implementing a land and resource management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) that is categorically excluded from documentation in an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )."
div. E, title IV, §428, Dec. 23, 2011, 125 Stat. 1046 , provided that: "Hereafter, upon issuance of final regulations, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall apply section 105(a) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515(a) ), providing for a pre-decisional objection process, to proposed actions of the Forest Service concerning projects and activities implementing land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ), and documented with a Record of Decision or Decision Notice, in lieu of subsections (c), (d), and (e) of section 322 of
Public Law 102–381
([former] 16 U.S.C. 1612 note), providing for an administrative appeal process: Provided, That if the Chief of the Forest Service determines an emergency situation exists for which immediate implementation of a proposed action is necessary, the proposed action shall not be subject to the pre-decisional objection process, and implementation shall begin immediately after the Forest Service gives notice of the final decision for the proposed action: Provided further, That this section shall not apply to an authorized hazardous fuel reduction project under title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 et seq. ) [probably should be 16 U.S.C. 6511 et seq. ]."
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6516 -->
Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located.
In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days.
A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project.
As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of—
(A) the short- and long-term effects of undertaking the agency action; against
(B) the short- and long-term effects of not undertaking the agency action.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6517 -->
Nothing in this subchapter affects, or otherwise biases, the use by the Secretary of other statutory or administrative authority (including categorical exclusions adopted to implement the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )) to conduct a hazardous fuel reduction project on Federal land (including Federal land identified in section 6512(d) of this title ) that is not conducted using the process authorized by section 6514 of this title .
For projects and activities of the National Forest System other than authorized hazardous fuel reduction projects, nothing in this subchapter affects, or otherwise biases, the notice, comment, and appeal procedures for projects and activities of the National Forest System contained in part 215 of title 36, Code of Federal Regulations, or the consideration or disposition of any legal action brought with respect to the procedures.
The National Environmental Policy Act of 1969, referred to in subsec. (a), is
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.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER I-HAZARDOUS FUEL REDUCTION ON FEDERAL LAND!@!Sec. 6518 -->
There is authorized to be appropriated $660,000,000 for each of fiscal years 2019 through 2023 to carry out—
(1) activities authorized by this subchapter; and
(2) other hazardous fuel reduction activities of the Secretary, including making grants to States, local governments, Indian tribes, and other eligible recipients for activities authorized by law.
substituted "$660,000,000 for each of fiscal years 2019 through 2023" for "$760,000,000 for each fiscal year" in introductory provisions.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER II-BIOMASS -->
title II, §203, Dec. 3, 2003, 117 Stat. 1902 , related to biomass commercial utilization grant program.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER III-WATERSHED FORESTRY ASSISTANCE -->
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER III-WATERSHED FORESTRY ASSISTANCE!@!Sec. 6541 -->
title III, §301, Dec. 3, 2003, 117 Stat. 1902 , which provided congressional findings and purposes of title III of
(enacting this subchapter and section 2103b of this title ), was omitted in view of the repeal of sections 2103b and 6542 of this title .
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER III-WATERSHED FORESTRY ASSISTANCE!@!Sec. 6542 -->
In this section:
The term "end water user" means a non-Federal entity, including—
(B) a political subdivision of a State;
(C) an Indian tribe;
(E) a municipal water system;
(F) an irrigation district;
(G) a nonprofit organization; and
(H) a corporation.
The term "forest management activity" means a project carried out by the Secretary on National Forest System land.
The term "forest plan" means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 1604 of this title .
The term "non-Federal partner" means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).
The term "Program" means the Water Source Protection Program established under subsection (b).
The term "Secretary" means the Secretary of Agriculture, acting through the Chief of the Forest Service.
The term "water source management plan" means the water source management plan developed under subsection (d)(1).
The Secretary shall establish and maintain a program, to be known as the "Water Source Protection Program", to carry out watershed protection and restoration projects on National Forest System land.
In carrying out the Program, the Secretary may enter into water source investment partnership agreements with end water users to protect and restore the condition of National Forest watersheds that provide water to the end water users.
A partnership agreement described in paragraph (1) may take the form of—
(A) a memorandum of understanding;
(B) a cost-share or collection agreement;
(C) a long-term funding matching commitment; or
(D) another appropriate instrument, as determined by the Secretary.
In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and applicable State, local, and Tribal governments, may develop a water source management plan that describes the proposed implementation of watershed protection and restoration projects under the Program.
A water source management plan shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.
The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )—
(A) for each watershed protection and restoration project included in the water source management plan; or
(B) as part of the development of, or after the finalization of, the water source management plan.
To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with paragraph (2), the Secretary shall carry out forest management activities as part of watershed protection and restoration projects carried out on National Forest System land, with the primary purpose of—
(A) protecting a municipal water supply system;
(B) restoring forest health from insect infestations and disease; or
(C) any combination of the purposes described in subparagraphs (A) and (B).
The Secretary shall carry out forest management activities under paragraph (1) in accordance with—
(B) the applicable water source management plan;
(C) the applicable forest plan; and
(D) other applicable laws.
In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, to comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ).
In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source management plan.
The Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is at least equal to the amount of Federal funds.
The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.
Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1).
There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).
title III, §303, as added
The National Environmental Policy Act of 1969, referred to in subsec. (d)(3), is
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.
This chapter, referred to in subsec. (e)(2)(A), was in the original "this Act", meaning
Dec. 3, 2003, 117 Stat. 1887 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
The Endangered Species Act of 1973, referred to in subsec. (f), is
Dec. 28, 1973, 87 Stat. 884 , which is classified principally to chapter 35 (§1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.
A prior section 6542,
title III, §303, Dec. 3, 2003, 117 Stat. 1905 , provided for tribal watershed forestry assistance and the development of water quality and watershed forestry programs, prior to repeal by
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER III-WATERSHED FORESTRY ASSISTANCE!@!Sec. 6543 -->
The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the "Secretary"), may establish and maintain a Watershed Condition Framework for National Forest System land—
(1) to evaluate and classify the condition of watersheds, taking into consideration—
(A) water quality and quantity;
(B) aquatic habitat and biota;
(C) riparian and wetland vegetation;
(D) the presence of roads and trails;
(E) soil type and condition;
(F) groundwater-dependent ecosystems;
(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and
(H) other significant factors, as determined by the Secretary;
(2) to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on—
(A) wildfire behavior;
(C) fish and wildlife;
(D) drinking water supplies;
(E) irrigation water supplies;
(F) forest-dependent communities; and
(G) other significant impacts, as determined by the Secretary;
(3) to develop a watershed protection and restoration action plan for each priority watershed that—
(A) takes into account existing restoration activities being implemented in the watershed; and
(B) includes, at a minimum—
(i) the major stressors responsible for the impaired condition of the watershed;
(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions;
(iii) a proposed implementation schedule;
(iv) potential partners and funding sources; and
(v) a monitoring and evaluation program;
(4) to prioritize protection and restoration activities for each watershed restoration action plan;
(5) to implement each watershed protection and restoration action plan; and
(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
In carrying out subsection (a), the Secretary shall—
(1) coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and
(2) provide for an active and ongoing public engagement process.
Notwithstanding paragraph (2) of subsection (a), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in that subsection if a Forest Supervisor determines that—
(1) a wildfire has significantly diminished the condition of the watershed; and
(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.
title III, §304, as added
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES -->
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6551 -->
Congress finds that—
(1) high levels of tree mortality resulting from insect infestation (including the interaction between insects and diseases) may result in—
(A) increased fire risk;
(B) loss of old trees and old growth;
(C) loss of threatened and endangered species;
(D) loss of species diversity;
(E) degraded watershed conditions;
(F) increased potential for damage from other agents of disturbance, including exotic, invasive species; and
(G) decreased timber values;
(2)(A) forest-damaging insects destroy hundreds of thousands of acres of trees each year;
(B) in the West, more than 21,000,000 acres are at high risk of forest-damaging insect infestation, and in the South, more than 57,000,000 acres are at risk across all land ownerships; and
(C) severe drought conditions in many areas of the South and West will increase the risk of forest-damaging insect infestations;
(3) the hemlock woolly adelgid is—
(A) destroying streamside forests throughout the mid-Atlantic and Appalachian regions;
(B) threatening water quality and sensitive aquatic species; and
(C) posing a potential threat to valuable commercial timber land in northern New England;
(4)(A) the emerald ash borer is a nonnative, invasive pest that has quickly become a major threat to hardwood forests because an emerald ash borer infestation is almost always fatal to affected trees; and
(B) the emerald ash borer pest threatens to destroy more than 692,000,000 ash trees in forests in Michigan and Ohio alone, and between 5 and 10 percent of urban street trees in the Upper Midwest;
(5)(A) epidemic populations of Southern pine beetles are ravaging forests in Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; and
(B) in 2001, Florida and Kentucky experienced 146 percent and 111 percent increases, respectively, in Southern pine beetle populations;
(6) those epidemic outbreaks of Southern pine beetles have forced private landowners to harvest dead and dying trees, in rural areas and increasingly urbanized settings;
(7) according to the Forest Service, recent outbreaks of the red oak borer in Arkansas and Missouri have been unprecedented, with more than 1,000,000 acres infested at population levels never seen before;
(8) much of the damage from the red oak borer has taken place in national forests, and the Federal response has been inadequate to protect forest ecosystems and other ecological and economic resources;
(9)(A) previous silvicultural assessments, while useful and informative, have been limited in scale and scope of application; and
(B) there have not been sufficient resources available to adequately test a full array of individual and combined applied silvicultural assessments;
(10) only through the full funding, development, and assessment of potential applied silvicultural assessments over specific time frames across an array of environmental and climatic conditions can the most innovative and cost effective management applications be determined that will help reduce the susceptibility of forest ecosystems to attack by forest pests;
(11)(A) often, there are significant interactions between insects and diseases;
(B) many diseases (such as white pine blister rust, beech bark disease, and many other diseases) can weaken trees and forest stands and predispose trees and forest stands to insect attack; and
(C) certain diseases are spread using insects as vectors (including Dutch elm disease and pine pitch canker); and
(12) funding and implementation of an initiative to combat forest pest infestations and associated diseases should not come at the expense of supporting other programs and initiatives of the Secretary.
The purposes of this subchapter are—
(1) to require the Secretary to develop an accelerated basic and applied assessment program to combat infestations by forest-damaging insects and associated diseases;
(2) to enlist the assistance of colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions), State agencies, and private landowners to carry out the program; and
(3) to carry out applied silvicultural assessments.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6552 -->
In this subchapter:
The term "applied silvicultural assessment" means any vegetative or other treatment carried out for information gathering and research purposes.
The term "applied silvicultural assessment" includes timber harvesting, thinning, prescribed burning, pruning, and any combination of those activities.
The term "1890 Institution" means a college or university that is eligible to receive funds under the Act of August 30, 1890 ( 7 U.S.C. 321 et seq. ).
The term "1890 Institution" includes Tuskegee University.
The term "forest-damaging insect" means—
(A) a Southern pine beetle;
(B) a mountain pine beetle;
(C) a spruce bark beetle;
(E) a hemlock woolly adelgid;
(F) an emerald ash borer;
(G) a red oak borer;
(H) a white oak borer; and
(I) such other insects as may be identified by the Secretary.
The term "Secretary" means—
(A) the Secretary of Agriculture, acting through the Forest Service, with respect to National Forest System land; and
(B) the Secretary of the Interior, acting through appropriate offices of the United States Geological Survey, with respect to federally owned land administered by the Secretary of the Interior.
The Act of August 30, 1890, referred to in par. (2)(A), is act Aug. 30, 1890, ch. 841, 26 Stat. 417 , popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§321 et seq.) of chapter 13 of Title 7 , Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 321 of Title 7 and Tables.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6553 -->
The Secretary, acting through the Forest Service and United States Geological Survey, as appropriate, shall establish an accelerated program—
(1) to plan, conduct, and promote comprehensive and systematic information gathering on forest-damaging insects and associated diseases, including an evaluation of—
(A) infestation prevention and suppression methods;
(B) effects of infestations and associated disease interactions on forest ecosystems;
(C) restoration of forest ecosystem efforts;
(D) utilization options regarding infested trees; and
(E) models to predict the occurrence, distribution, and impact of outbreaks of forest-damaging insects and associated diseases;
(2) to assist land managers in the development of treatments and strategies to improve forest health and reduce the susceptibility of forest ecosystems to severe infestations of forest-damaging insects and associated diseases on Federal land and State and private land; and
(3) to disseminate the results of the information gathering, treatments, and strategies.
The Secretary shall—
(1) establish and carry out the program in cooperation with—
(A) scientists from colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions);
(B) Federal, State, and local agencies; and
(C) private and industrial landowners; and
(2) designate such colleges and universities to assist in carrying out the program.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6554 -->
For information gathering and research purposes, the Secretary may conduct applied silvicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects.
Subsection (a) does not apply to—
(A) a component of the National Wilderness Preservation System;
(B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
(C) a congressionally-designated wilderness study area; or
(D) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.
Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas.
Before being carried out, each applied silvicultural assessment under this subchapter shall be peer reviewed by scientific experts selected by the Secretary, which shall include non-Federal experts.
The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A).
The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section.
The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section.
Applied silvicultural assessment and research treatments carried out under this section on not more than 1,000 acres for an assessment or treatment may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
Applied silvicultural assessments and research treatments categorically excluded under paragraph (1)—
(A) shall not be carried out in an area that is adjacent to another area that is categorically excluded under paragraph (1) that is being treated with similar methods; and
(B) shall be subject to the extraordinary circumstances procedures established by the Secretary pursuant to section 1508.4 of title 40, Code of Federal Regulations.
The total number of acres categorically excluded under paragraph (1) shall not exceed 250,000 acres.
In accordance with paragraph (1), the Secretary shall not be required to make any findings as to whether an applied silvicultural assessment project, either individually or cumulatively, has a significant effect on the environment.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is
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.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6555 -->
The authority provided to each Secretary under this subchapter is supplemental to, and not in lieu of, any authority provided to the Secretaries under any other law.
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER IV-INSECT INFESTATIONS AND RELATED DISEASES!@!Sec. 6556 -->
The authority provided by this subchapter terminates effective October 1, 2023.
amended section generally. Prior to amendment, text read as follows: "There are authorized to be appropriated such sums as are necessary to carry out this subchapter for each of fiscal years 2004 through 2008."
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER V-HEALTHY FORESTS RESERVE PROGRAM -->
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER V-HEALTHY FORESTS RESERVE PROGRAM!@!Sec. 6571 -->
The Secretary of Agriculture shall establish the healthy forests reserve program for the purpose of restoring and enhancing forest ecosystems—
(1) to promote the recovery of threatened and endangered species;
(2) to improve biodiversity;
(3) to conserve forest land that provides habitat for species described in section 6572(b) of this title ; and
(4) to enhance carbon sequestration.
The Secretary of Agriculture shall carry out the healthy forests reserve program in coordination with the Secretary of the Interior and the Secretary of Commerce.
2018—Subsec. (a)(3), (4).
added par. (3) and redesignated former par. (3) as (4).
CHAPTER 84 -HEALTHY FOREST RESTORATION!@!SUBCHAPTER V-HEALTHY FORESTS RESERVE PROGRAM!@!Sec. 6572 -->
The Secretary of Agriculture, in coordination with the Secretary of the Interior and the Secretary of Commerce, shall describe and define forest ecosystems that are eligible for enrollment in the healthy forests reserve program.
To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 1533 of this title ; or
(2) improve the well-being of a species that—
(i) not listed as endangered or threatened under such section; and
(ii) a candidate for such listing, a State-listed species, or a special concern species; or
(B) is deemed a species of greatest conservation need by a State wildlife action plan.
In enrolling land that satisfies the criteria under subsection (b), the Secretary of Agriculture shall give additional consideration to land the enrollment of which will—
(1) improve biological diversity;
(2) conserve forest land that provides habitat for species described in subsection (b); and
(3) increase carbon sequestration.
The Secretary of Agriculture shall enroll land in the healthy forests reserve program only with the consent of the owner of the land.
Land may be enrolled in the healthy forests reserve program in accordance with—
(A) a 10-year cost-share agreement;
(B) a 30-year easement; or
(C)(i) a permanent easement; or
(ii) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law.
In this paragraph, the term "acreage owned by Indian tribes" includes—
(i) land that is held in trust by the United States for Indian tribes or individual Indians;
(ii) land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance;
(iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes;
(iv) land that is held in fee title by an Indian tribe; or
(v) land that is owned by a native corporation formed under section 5124 of title 25 or section 1607 of title 43 ; or
(vi) a combination of 1 or more types of land described in clauses (i) through (v).
In the case of acreage owned by an Indian tribe, the Secretary may enroll acreage into the healthy forests reserve program through the use of—
(i) a 30-year contract (the value of which shall be equivalent to the value of a 30-year easement);
(ii) a 10-year cost-share agreement;
(iii) a permanent easement; or
(iv) any combination of the options described in clauses (i) through (iii).
The Secretary of Agriculture shall give priority to the enrollment of land that provides the greatest conservation benefit to—
(A) primarily, species listed as endangered or threatened under section 1533 of this title ; and
(B) secondarily, species that—
(i) are not listed as endangered or threatened under section 1533 of this title ; but
(ii)(I) are candidates for such listing, State-listed species, or special concern species; or
(II) are deemed a species of greatest conservation need under a State wildlife action plan.
The Secretary of Agriculture shall also consider the cost-effectiveness of each agreement or easement, and associated restoration plans, so as to maximize the environmental benefits per dollar expended.
The Secretary may modify or terminate an easement or other interest in land administered by the Secretary under this title if—
(A) the owner of the land agrees to the modification or termination; and
(B) the Secretary determines that the modification or termination—
(i) will address a compelling public need for which there is no practicable alternative; and
(ii) is in the public interest.
As consideration for termination of an easement or other interest in land under this subsection, the Secretary shall enter into a compensatory arrangement, as the Secretary determines to be appropriate.
In the case of a modification of an easement or other interest in land under this subsection—
(i) as a condition of the modification, the owner of the land shall enter into a compensatory arrangement, as the Secretary determines to be appropriate, to incur the costs of modification; and
(ii) the Secretary shall ensure that—
(I) the modification will not adversely affect the forest ecosystem functions and values for which the easement or other interest in land was acquired;
(II) any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no additional cost to the Federal Government; and
(III) the modification will result in equal or greater environmental and economic values to the United States.