16 USC 6592c - Emergency actions

U.S Code last checked for updates: Nov 22, 2024

§ 6592c.

Emergency actions

(a)

Definitions

In this section:

(1)

Authorized emergency action

(2)

Emergency situation

The term “emergency situation” means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results:

(A)

Relief from hazards threatening human health and safety.

(B)

Mitigation of threats to natural resources on National Forest System land or adjacent land.

(3)

Emergency situation determination

(4)

Land and resource management plan

(5)

National Forest System land

(6)

Secretary

(b)

Authorized emergency actions to respond to emergency situations

(1)

Determination

(A)

In general

(B)

Review

(C)

Basis of determination

(2)

Authorized emergency actions

After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on National Forest System land or adjacent land, including through—

(A)

the salvage of dead or dying trees;

(B)

the harvest of trees damaged by wind or ice;

(C)

the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease;

(D)

the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species;

(E)

the removal of hazardous trees in close proximity to roads and trails;

(F)

the removal of hazardous fuels;

(G)

the restoration of water sources or infrastructure;

(H)

the reconstruction of existing utility lines; and

(I)

the replacement of underground cables.

(3)

Relation to land and resource management plans

(c)

Environmental analysis

(1)

Environmental assessment or environmental impact statement

If the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 4332(2) of title 42, the Secretary shall study, develop, and describe—

(A)

the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent practicable; and

(B)

the alternative of no action.

(2)

Public notice

(3)

Public comment

(4)

Savings clause

Nothing in this subsection prohibits the Secretary from—

(A)

making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or

(B)

taking an emergency action under section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations).

(d)

Administrative review of authorized emergency actions

(e)

Judicial review of emergency actions

(f)

Notification and guidance

(Pub. L. 117–58, div. D, title VIII, § 40807, Nov. 15, 2021, 135 Stat. 1112.)

cite as: 16 USC 6592c