Giant sequoia emergency response

(a) Emergency response to protect giant sequoias (1) In general (A) Emergency determination Congress determines that— (i) an emergency exists on covered public lands and covered National Forest System lands that makes it necessary to carry out Protection Projects that take needed actions to respond to the threat of wildfires, insects, and drought to giant sequoias; and (ii) Protection Projects are necessary to control the immediate impacts of the emergency described in clause (i) and are needed to mitigate harm to life, property, or important natural or cultural resources on covered public lands and covered National Forest System lands. (B) Application The emergency determination established under subparagraph (A) shall apply to all covered public lands and covered National Forest System lands. (C) Expiration The emergency determination established under subparagraph (A) shall expire on the date that is 7 years after the date of the enactment of this Act. (2) Implementation While the emergency determination established under paragraph (1) is in effect, the following shall apply: (A) The Secretary concerned, acting through a responsible official, shall carry out Protection Projects on covered public lands and covered National Forest System lands in accordance with this section, all applicable land management plans, and the laws (including regulations) applicable to the Secretary concerned. (B) A responsible official shall carry out Protection Projects in accordance with the following, as applicable: (i) Section 220.4(b) of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands. (ii) Section 46.150 of title 43, Code of Federal Regulations (as in effect October 12, 2022), with respect to covered public lands. (iii) Section 402.05 of title 50, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands. (iv) Section 800.12 of title 36, Code of Federal Regulations (as in effect July 21, 2022), with respect to covered National Forest System lands and covered public lands. (C) The rules established under subsections (d) and (e) of section 40807 of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592c(d), (e)) shall apply with respect to Protection Projects by substituting Protection Projects for authorized emergency action under this section each place it appears in such subsections. (D) Protection Projects shall be subject to the requirements of section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516). (3) Protection projects The responsible official shall carry out the following forest management activities as Protection Projects under the emergency determination under this section: (A) Conducting hazardous fuels management, including mechanical thinning, mastication, and prescribed burning. (B) Removing hazard trees, dead trees, or dying trees, as determined by the responsible official. (C) Removing trees to address overstocking or crowding in a forest stand, consistent with the appropriate basal area of the forest stand and the best available science, as determined by the responsible official. (D) Activities to address insects, disease, invasive species, and vegetative encroachment of a giant sequoia grove. (E) Any combination of activities described in this paragraph. (4) Requirements (A) In general Protection Projects carried out under paragraph (3) and reforestation and rehabilitation activities carried out under this subtitle that are described by subparagraph (C) are 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) Availability The Secretary concerned shall use the categorical exclusion established under subparagraph (A) in accordance with this section. (C) Requirements A Protection Project or reforestation or rehabilitation activity is described by this subparagraph if such Protection Project or reforestation or rehabilitation activity— (i) covers an area of no more than— (I) 2,000 acres within giant sequoia groves; and (II) 3,000 acres on lands identified under section 8704(a)(1)(C); and (ii) occurs on Federal land or non-Federal land with the consent of the non-Federal landowner. (D) Extraordinary circumstances The extraordinary circumstances procedures under provisions (e) through (g) of section 1b.3 of title 7, Code of Federal Regulations, shall apply to a Protection Project or reforestation or rehabilitation activity that is categorically excluded under subparagraph (A). (E) Use of other authorities To the maximum extent practicable, the Secretary concerned shall use the authorities provided under this section in combination with other authorities to carry out Protection Projects, including— (i) good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) (as amended by this Act); and (ii) stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as amended by this Act). (F) Savings clause With respect to joint Protection Projects and reforestation and rehabilitation activities involving the Tribe, nothing in this section shall be construed to add any additional regulatory requirements onto the Tribe. (b) Implementation To the maximum extent practicable, the Secretary concerned shall reduce hazardous fuels in no fewer than 3 giant sequoia groves each year. (c) Public notice The Secretary concerned shall provide notice of each Protection Project on a publicly available website maintained by the Secretary concerned.