[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4623 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4623
To establish a categorical exclusion for forest management activities
carried out by the Secretary of Agriculture jointly with another
Federal agency if such forest management activities received a
categorical exclusion with respect to such other Federal agency, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Mr. Bentz (for himself, Mr. Stauber, Mrs. Boebert, Mr. Tiffany, Mr.
Rosendale, Mr. Obernolte, Mr. Westerman, Mr. LaMalfa, Mr. Newhouse, and
Mr. Garcia of California) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a categorical exclusion for forest management activities
carried out by the Secretary of Agriculture jointly with another
Federal agency if such forest management activities received a
categorical exclusion with respect to such other Federal agency, 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 ``Commonsense Coordination Act''.
SEC. 2. CATEGORICAL EXCLUSION FOR JOINT PROJECTS.
(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--
(1) carried out by the Secretary concerned jointly with the
head of another Federal agency on National Forest System lands
or public lands; and
(2) for which a categorical exclusion applies with respect
to such other Federal agency.
(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 after obtaining written confirmation from the other
Federal agency that the categorical exclusion applies to the proposed
forest management activity.
(d) Definitions.--In this section:
(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.
(e) Exclusions.--The authorities provided by this section 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.
SEC. 3. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) is amended by adding at the end the following:
``SEC. 106. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.
``(a) In General.--
``(1) Authority established.--A Federal agency may
designate any covered category of actions 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) without further substantiation.
``(2) Covered category of actions.--For purposes of
paragraph (1), the term `covered category of actions' means,
with respect to a Federal agency, a category of action
identified by another Federal agency 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) Judicial Review.--A categorical exclusion established
pursuant to subsection (a)(1) shall not be subject to judicial review.
``(c) Exclusion.--The authorities provided by this section 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.''.
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