Categorical exclusion for high priority hazard tree activities

(a) Categorical exclusion (1) In general Not later than 1 year after the date of enactment of this section, the Secretary of Agriculture shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for high priority hazard tree activities. (2) Administration In developing and administering the categorical exclusion under paragraph (1), the Secretary shall— (A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (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. (b) Project size limitations A project to carry out high priority hazard tree activities to which a categorical exclusion under subsection (a) is applied may not exceed 3,000 acres. (c) Definitions In this section: (1) High-priority hazard tree The term high-priority hazard tree means a standing tree that— (A) presents a visible hazard to people or Federal property due to conditions such as deterioration of or damage to the root system, trunk, stem, or limbs of the tree, or the direction or lean of the tree, as determined by the Secretary; (B) is determined by the Secretary to be highly likely to fail and, if it failed, would be highly likely to cause injury to people or damage to Federal property; and (C) is within 300 feet of a National Forest System road with a maintenance level of 3, 4, or 5, a National Forest System trail, or a developed recreation site on National Forest System lands that is operated and maintained by the Secretary. (2) High-priority hazard tree activities The term high priority hazard tree activities — (A) means forest management activities that mitigate the risks associated with high-priority hazard trees, including pruning, felling, and disposal of those trees; and (B) does not include any activity— (i) conducted in a wilderness area or wilderness study area; (ii) for the construction of a permanent road or permanent trail; (iii) conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (iv) that would be inconsistent with the applicable land and resource management plan; or (v) conducted in an inventoried roadless area.