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S. 5526IntroducedSenate · nowHousePresidentLawIn committee
Sec. 8219 · S. 5526

Categorical exclusion for electric utility lines rights-of-way

Title VIII — Forestry › Subtitle B — Forest health and management › Part I — Forest Service management

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(a) Categorical exclusion established Forest management activities described in subsection (b) are a category of activities 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 as being categorically excluded under subsection (a) are— (1) the development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) to the Secretary; and (2) the implementation of routine activities conducted under the plan referred to in paragraph (1). (c) Availability of categorical exclusion On and after the date of enactment of this Act, the Secretary may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Exclusion of certain areas The categorical exclusion established under subsection (a) shall not apply to any forest management activity conducted— (1) in a component of the National Wilderness Preservation System; or (2) on National Forest System land on which, by Act of Congress, the removal of vegetation is restricted or prohibited. (e) Permanent roads (1) Prohibition on establishment A forest management activity designated under subsection (b) shall not include the establishment of a permanent road. (2) Existing roads The Secretary may carry out necessary maintenance and repair on an existing permanent road for the purpose of conducting a forest management activity designated under subsection (b). (3) Temporary roads The Secretary shall decommission any temporary road constructed for a forest management activity designated under subsection (b) not later than 3 years after the date on which the action is completed. (f) Applicable law A forest management activity designated under subsection (b) shall not be subject to— (1) section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); or (2) section 306108 of title 54, United States Code.

Sec. 8219: Categorical exclusion for electric utility lines rights-of-way · Public Law Tracker