Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017
This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat.
A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail.
Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity.
Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both.
Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3543 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3543
To require the Secretary of the Interior to develop a categorical
exclusion for covered vegetative management activities carried out to
establish or improve habitat for greater sage-grouse and mule deer, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. Stewart (for himself and Mr. Tipton) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to develop a categorical
exclusion for covered vegetative management activities carried out to
establish or improve habitat for greater sage-grouse and mule deer, 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 ``Sage-Grouse and Mule Deer Habitat
Conservation and Restoration Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered vegetation management activity.--
(A) In general.--The term ``covered vegetation
management activity'' means any activity described in
subparagraph (B) that--
(i) meets the objectives of the order of
the Secretary numbered 3336 and dated January
5, 2015;
(ii) conforms to an applicable land use
plan;
(iii) protects, restores, or improves
greater sage-grouse or mule deer habitat;
(iv) will not permanently impair--
(I) the natural state of the
treated area;
(II) outstanding opportunities for
solitude;
(III) outstanding opportunities for
primitive, unconfined recreation; or
(IV) the identified values of a
unit of the National Landscape
Conservation System; and
(v)(I) restores native vegetation following
a natural disturbance;
(II) prevents the expansion into greater
sage-grouse or mule deer habitat of--
(aa) juniper, pinon pine, or any
other conifer; or
(bb) nonnative or invasive
vegetation;
(III) reduces the risk of loss of greater
sage-grouse or mule deer habitat from wildfire
or any other natural disturbance; or
(IV) provides emergency stabilization of
soil resources after a natural disturbance.
(B) Description of activities.--An activity
referred to in subparagraph (A) is--
(i) manual cutting and removal of juniper
trees, pinon pine trees, other conifers, or
other nonnative or invasive vegetation;
(ii) mechanical mastication, cutting, or
mowing, mechanical piling and burning,
chaining, broadcast burning, or yarding;
(iii) removal of cheat grass, medusa head
rye, other nonnative vegetation, or an invasive
species;
(iv) collection and seeding or planting of
native vegetation using a manual, mechanical,
or aerial method;
(v) seeding of nonnative vegetation only
for the purpose of emergency stabilization;
(vi) use of a herbicide, pesticide, or
biological control agent, subject to the
condition that the use shall be in accordance
with applicable legal requirements, Federal
agency procedures, and land use plans;
(vii) targeted or late-season livestock
grazing to mitigate hazardous fuels and control
noxious and invasive weeds;
(viii) temporary removal of wild horses or
burros in the area in which the activity is
being carried out to ensure treatment
objectives are met;
(ix) temporary suspension of permitted
grazing use until restoration treatment
objectives are met;
(x) installation of new, or modification of
existing, fencing or water sources intended to
control use or improve wildlife habitat; or
(xi) construction of temporary roads.
(C) Exclusions.--The term ``covered vegetation
management activity'' does not include--
(i) any activity conducted in a wilderness
area or wilderness study area; or
(ii) any activity for the construction of a
permanent road or permanent trail.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Temporary road.--The term ``temporary road'' means a
road that is--
(A) authorized--
(i) by a contract, permit, lease, other
written authorization; or
(ii) pursuant to an emergency operation;
(B) not intended to be part of the permanent
transportation system of a Federal department or
agency;
(C) not necessary for long-term resource
management; and
(D) designed in accordance with standards
appropriate for the intended use of the road, taking
into consideration--
(i) safety;
(ii) the cost of transportation; and
(iii) impacts to land and resources.
SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.
(a) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall develop one or
more categorical exclusions (as defined in section 1508.4 of
title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetative management activities
carried out to establish or improve habitat for greater sage-
grouse and mule deer.
(2) Administration.--In developing and administering a
categorical exclusion under paragraph (1), the Secretary
shall--
(A) be consistent with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion;
and
(C) consider--
(i) the relative efficacy of landscape-
scale habitat projects;
(ii) the likelihood of continued declines
in the populations of greater sage-grouse and
mule deer in the absence of landscape-scale
vegetation management; and
(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
(b) Long-Term Monitoring and Maintenance.--Before commencing any
covered vegetative management activity that is covered by a categorical
exclusion under subsection (a), the Secretary shall develop a long-term
monitoring and maintenance plan, covering at least the 20-year period
beginning on the date of commencement, to ensure that management of the
treated area does not degrade the habitat gains secured by the covered
vegetative management activity.
(c) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by a categorical
exclusion under subsection (a) may be--
(1) used for--
(A) fuel wood; or
(B) other products; or
(2) piled or burned, or both.
(d) Treatment for Temporary Roads.--
(1) In general.--A temporary road constructed in connection
with a covered vegetation management activity that is a
categorical exclusion under subsection (a) shall be treated to
ensure the reestablishment of native vegetative cover by
artificial or natural means, as necessary to minimize erosion
from any area disturbed by the construction or use of the
temporary road.
(2) Requirement.--A treatment under paragraph (1) shall be
designed to reestablish vegetative cover--
(A) as soon as practicable; but
(B) not later than 10 years after the date of
completion of the applicable covered vegetation
management activity.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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