117th CONGRESS 1st Session |
To establish a categorical exclusion for certain forest management activities relating to early successional forests and a categorical exclusion for certain activities relating to outdoor recreation, and for other purposes.
July 20, 2021
Mr. Stauber (for himself, Mr. LaMalfa, Mr. Bentz, Mr. Westerman, Mr. Newhouse, Mr. Obernolte, Mr. Rosendale, Mrs. Boebert, and Mr. Tiffany) 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
To establish a categorical exclusion for certain forest management activities relating to early successional forests and a categorical exclusion for certain activities relating to outdoor recreation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Healthy Forests for Hunters Act of 2021”.
SEC. 2. Categorical exclusion for early successional forests.
(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, consistent with the applicable forest plan, to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes.
(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) Project goals.—To the maximum extent practicable, the Secretary concerned shall design forest management activities described in subsection (b)—
(1) to meet early successional forest goals; and
(2) to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the treatment units.
(e) Acreage limitations.—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.
SEC. 3. Categorical exclusion for outdoor recreation.
(a) Categorical exclusion established.—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) Activities designated for categorical exclusion.—The activities designated under this section for a categorical exclusion are activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to—
(1) issue, amend, replace, or extend the administrative terms of an existing or expired special use authorization, if the holder or applicant of such special use authorization is in full compliance with the terms and conditions of such special use authorization;
(2) modify, remove, repair, maintain, reconstruct, or replace a facility for an existing special use authorization;
(3) issue a new special use authorization or amendment to an existing special use authorization for activities that will occur on existing roads, trails, facilities, or areas approved for use in an applicable forest plan or other documented decision;
(4) approve, modify, or continue special uses of National Forest System lands or public lands for less than 5 years;
(5) approve, modify, or continue special use authorizations on National Forest System land that require less than 20 acres of contiguous land;
(6) operate, maintain, modify, construct, reconstruct, improve, decommission, relocate, or dispose of buildings, infrastructure, or other improvements at developed recreation sites;
(7) remove hazard trees for the purpose of protecting public health or safety or improving access to a recreation site; 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.
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.
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 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.