§ 6592b. Establishment of fuel breaks in forests and other wildland vegetation

• (a) In this section, the term “Secretary concerned” means—
  • (1) the Secretary of Agriculture, with respect to National Forest System land; and
  • (2) the Secretary of the Interior, with respect to public lands (as defined in section 1702 of title 43 ) administered by the Bureau of Land Management.
• (b) Forest management activities described in subsection (c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if the categorical exclusion is documented through a supporting record and decision memorandum.
• (c)
  • (1) The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 1702 of title 43 ) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are—
    • (A) up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and
    • (B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community.
  • (2) Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (b) are—
    • (A) mowing or masticating;
    • (B) thinning by manual and mechanical cutting;
    • (C) piling, yarding, and removal of slash or hazardous fuels;
    • (D) selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts;
    • (E) targeted grazing;
    • (F) application of—
      • (i) pesticide;
      • (ii) biopesticide; or
      • (iii) herbicide;
    • (G) seeding of native species;
    • (H) controlled burns and broadcast burning; and
    • (I) burning of piles, including jackpot piles.
  • (3) A forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted—
    • (A) in a component of the National Wilderness Preservation System;
    • (B) on Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation;
    • (C) in a wilderness study area; or
    • (D) in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan.
  • (4) The Secretary concerned shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b).
• (d) Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)—
  • (1) may not contain treatment units in excess of 3,000 acres;
  • (2) shall be located primarily in—
    • (A) the wildland-urban interface or a public drinking water source area;
    • (B) if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or
    • (C) an insect or disease area designated by the Secretary concerned as of November 15, 2021 ; and
  • (3) shall consider the best available scientific information.
• (e)
  • (1) A project under this section shall not include the establishment of permanent roads.
  • (2) The Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section.
  • (3) The Secretary concerned shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed.
• (f) To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project—
  • (1) collaboration among State and local governments and Indian Tribes; and
  • (2) participation of interested persons.