[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4518 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4518
To establish a categorical exclusion for certain forest management
activities related to wildfire prevention and drought mitigation, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Ms. Herrell (for herself, Mr. Westerman, Mr. LaMalfa, Mr. Gosar, Mr.
McClintock, Mr. Newhouse, Mr. Bentz, Mr. Johnson of South Dakota, Mr.
Obernolte, Mr. Rosendale, and Mrs. Boebert) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish a categorical exclusion for certain forest management
activities related to wildfire prevention and drought mitigation, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Prevention and Drought
Mitigation Act of 2021''.
SEC. 2. CATEGORICAL EXCLUSION FOR WILDFIRE PREVENTION AND DROUGHT
MITIGATION.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such activity is to--
(1) protect a municipal or Tribal water source from damage
caused by wildfire;
(2) improve ecosystem health, resilience, and other
watershed and habitat conditions;
(3) improve, maintain, or restore water yield or quality;
(4) improve, maintain, or restore snowpack;
(5) adapt the forest landscape to an increased threat of
drought; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion established under
subsection (a) may not contain treatment units exceeding a
total of 10,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion established under
subsection (a) may contain treatment units exceeding a total of
10,000 acres but not more than a total of 30,000 acres if the
forest management activity is located in an area that, at the
time of such activity--
(A) is in a severe, extreme, or exceptional
drought; or
(B) has been in a severe, extreme, or exceptional
drought in the previous 5 years.
(e) Exclusions.--The authorities provided by this Act do not apply
with respect to any National Forest System lands or public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within a national or State specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried
out under such authority is consistent with the forest
plan applicable to the area; or
(B) the Secretary concerned determines the activity
is allowed under the applicable roadless rule governing
such lands; or
(3) on which timber harvesting for any purpose is
prohibited by Federal statute.
(f) Definitions.--In this Act--
(1) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System lands or
public lands consistent with the forest plan covering such
lands.
(2) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(4) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
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