[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2698 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2698
To establish a categorical exclusion to improve or restore National
Forest System land or public land or reduce the risk of wildfire, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 10, 2021
Ms. Lummis introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish a categorical exclusion to improve or restore National
Forest System land or public land or reduce the risk of wildfire, 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 ``Stop Causing Alarming Tree, Air, and
Soil Trauma Resulting from Obstructive Progressives' and Hypocritical
Environmentalists' Schemes Act'' or the ``Stop CATASTROPHES Act''.
SEC. 2. 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 land or
public land consistent with the forest plan covering the land.
(2) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); and
(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) Hazardous fuel management.--The term ``hazardous fuel
management'' means any vegetation management activity that
reduces the risk of wildfire.
(4) Late-season grazing.--The term ``late-season grazing''
means a grazing activity that occurs--
(A) after an invasive species and native perennial
species have each completed the current-year annual
growth cycle; and
(B) until new plant growth begins to appear in the
following year.
(5) National forest system.--The term ``National Forest
System'' means the land described in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(6) Noxious weed.--The term ``noxious weed'' includes
juniper trees, medusahead rye, conifer trees, pinon pine trees,
cheatgrass, and other noxious or invasive weeds specified on a
Federal or State noxious weed list.
(7) Public land.--The term ``public land''--
(A) has the meaning given the term ``public lands''
in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702); and
(B) includes Coos Bay Wagon Road Grant land and
Oregon and California Railroad Grant land.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
(9) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel management.
SEC. 3. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are designated as a category of
actions 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.--
(1) In general.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2)--
(A) carried out by the Secretary concerned on
National Forest System land or public land; and
(B) the primary purpose of which is--
(i) to improve or restore the National
Forest System land or public land; or
(ii) to reduce the risk of wildfire on the
National Forest System land or public land.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion established under subsection (a):
(A) Removal of noxious weeds through--
(i) late-season livestock grazing;
(ii) targeted livestock grazing;
(iii) prescribed burns; and
(iv) mechanical treatments.
(B) Performance of hazardous fuel management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences to distribute
livestock and improve wildlife habitat.
(E) Installation of erosion control devices.
(F) Construction of new permanent infrastructure
and maintenance of existing permanent infrastructure,
including stock ponds, water catchments, and water
spring boxes used to benefit livestock and improve
wildlife habitat.
(G) Performance of soil treatments, native and
nonnative seeding, and planting and transplanting of
sagebrush, grass, forb, shrub, and other species of
grass.
(H) Use of herbicides, if the Secretary concerned
determines that the activity is otherwise conducted
consistent with any forest plan applicable to the area
covered by the activity.
(c) Availability of Categorical Exclusion.--On and after the date
of enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
exceed 10,000 acres.
(e) Exclusions.--The categorical exclusion established under
subsection (a) shall not apply to a forest management activity
described in subsection (b)(2) that is carried out on National Forest
System land or public land--
(1) that is a component of the National Wilderness
Preservation System;
(2) that is 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 on the National Forest System land or public
land is consistent with the forest plan applicable to
the area; or
(B) the Secretary concerned determines that the
forest management activity is allowed under the
applicable roadless rule; or
(3) on which timber harvesting for any purpose is
prohibited by Federal law.
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