Protecting and Restoring Our Trees by Enhancing Conservation and Treatments Act or the PROTECT Act
This bill categorically excludes forest management activities carried out on specified public lands from requirements to conduct environmental assessments and environmental impact statements. In order to be excluded from environmental review, the primary purposes of such activities must be to
The bill limits the categorical exclusion to activities that manage up to 10,000 acres of land. However, activities that manage up to 30,000 acres of land may be categorically excluded from environmental review if the activities are developed through a collaborative process, proposed by certain resource advisory committees, or covered by community wildfire protection plans.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4516 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4516
To establish a categorical exclusion to expedite certain critical
response actions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2021
Mr. Garcia of California (for himself, Mr. Westerman, Mr. LaMalfa, Mr.
Bentz, Mr. Obernolte, Mr. Newhouse, Mr. Johnson of South Dakota, Mr.
Nunes, and Mr. Rosendale) 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 to expedite certain critical
response actions, 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 ``Protecting and Restoring Our Trees
by Enhancing Conservation and Treatments Act'' or the ``PROTECT Act''.
SEC. 2. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(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--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect such habitat from catastrophic disturbances;
(5) to increase water yield;
(6) to remove dead or dying trees or trees at high risk of
dying;
(7) to facilitate native species restoration; or
(8) any combination of the purposes specified in paragraphs
(1) through (7).
(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 as provided 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--
(A) developed through a collaborative process;
(B) proposed by a resource advisory committee; or
(C) covered by a community wildfire protection
plan.
(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 section:
(1) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with multiple
interested persons representing diverse interests.
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(3) 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.
(4) 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).
(5) 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)).
(6) 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.
(7) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(8) 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Conservation and Forestry.
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