113 S2768 IS: Emergency Fuel Reduction Act of 2014
U.S. Senate
2014-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the
Emergency Fuel Reduction Act of 2014
.2.The purposes of this Act are—(1)to expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk
Federal land adjacent to communities, private property, and critical
infrastructure;(2)to improve forest and wildland health; and(3)to promote the recovery of threatened and endangered species, or other species under consideration
for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), including sage-grouse, whose habitat is negatively impacted by wildland
fire.3.Expedited review of projects on Federal landSection 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended—(1)by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;(2)in subsection (c)(1)(C)(i), by striking subsection (f)
and inserting subsection (g)
; and(3)by inserting after subsection (d) the following:(e)Categorical exclusion of certain projects(1)Definition of adjacent Federal landIn this subsection, the term adjacent Federal land means an area of Federal land—(A)that, while not located in the wildland-urban interface, is located within not more than 2 miles of
non-Federal land; and(B)on which the Secretary determines that conditions, such as the risk of wildfire, an insect or
disease epidemic, or the presence of invasive species, pose a risk to the
adjacent non-Federal land.(2)Categorical exclusion of certain projects(A)An authorized hazardous fuel reduction project shall be categorically excluded from the
requirements of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if the project—(i)involves the removal of insect-infected trees, dead or dying trees, trees presenting a threat to
public safety or electrical reliability, or the removal of other hazardous
fuels within 500 feet of utility or
communications infrastructure, a municipal water supply system,
campground, roadside, heritage site, recreation site, school, or other
infrastructure;(ii)is intended to treat 10,000 acres or less of public land or National Forest System land that—(I)contains threatened and endangered species habitat; or(II)provides conservation benefits to species that are not listed as endangered or threatened under
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) but are a
State-listed species, a special concern species, or candidates for a
listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(iii)is proposed to be conducted on adjacent Federal land or is recommended in a community wildfire
protection plan if—(I)the Secretary determines that the project is consistent with the applicable resource management
plan; and(II)the decision to categorically exclude the project is made in accordance with applicable
extraordinary circumstances procedures established pursuant to section
1508.4 of title 40, Code of Federal Regulations (or a successor
regulation).(B)In determining whether an area contains trees or other hazardous fuels described in clause (i), the
Secretary shall consult with any utility or other entity that manages the
area.(C)Priority for certain projectsIn providing categorical exclusions under subparagraph (A), the Secretary shall give priority to
authorized hazardous fuel reduction projects and other projects
recommended in a community wildfire protection plan.(D)National Forest System land or public land eligible for treatment under this subsection shall not
include land—(i)that is a component of the National Wilderness Preservation System;(ii)on which the removal of vegetation is specifically prohibited by Federal law; or(iii)that is within a National Monument as of the date of the enactment of the Emergency Fuel Reduction Act of 2014..