Categorical exclusion for high-priority hazard trees

(a) 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 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 responsible official; (B) is determined by the responsible official to be highly likely to fail and, on failure, would be highly likely to cause injury to people or damage to Federal property; and (C) is located within 300 feet of— (i) a National Forest System road with a maintenance level of 3, 4, or 5; (ii) a National Forest System trail; (iii) a developed recreation site or an administrative facility that is operated and maintained by the Secretary on National Forest System land; or (iv) a project work site. (2) High-priority hazard tree activity (A) In general The term high-priority hazard tree activity means a forest management activity that mitigates the risks associated with high-priority hazard trees, including pruning, felling, blasting, cabling, bracing, and disposal of a high-priority hazard tree. (B) Exclusions The term high-priority hazard tree activity 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) conducted in an area in which activities described in subparagraph (A) would be inconsistent with the applicable land and resource management plan; or (v) conducted in an inventoried roadless area. (b) Categorical exclusion (1) In general High-priority hazard tree activities are a category of actions considered an action categorically excluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.). (2) Project size limitation A project carried out using the categorical exclusion established by paragraph (1) may not exceed 6,000 acres.