[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4516 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4516

   To establish a categorical exclusion to expedite certain critical 
               response actions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2021

Mr. Garcia of California (for himself, Mr. Westerman, Mr. LaMalfa, Mr. 
 Bentz, Mr. Obernolte, Mr. Newhouse, Mr. Johnson of South Dakota, Mr. 
  Nunes, and Mr. Rosendale) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
Committee on Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish a categorical exclusion to expedite certain critical 
               response actions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting and Restoring Our Trees 
by Enhancing Conservation and Treatments Act'' or the ``PROTECT Act''.

SEC. 2. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
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 under this 
section for a categorical exclusion are forest management activities 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is--
            (1) to address an insect or disease infestation;
            (2) to reduce hazardous fuel loads;
            (3) to protect a municipal water source;
            (4) to maintain, enhance, or modify critical habitat to 
        protect such habitat from catastrophic disturbances;
            (5) to increase water yield;
            (6) to remove dead or dying trees or trees at high risk of 
        dying;
            (7) to facilitate native species restoration; or
            (8) any combination of the purposes specified in paragraphs 
        (1) through (7).
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--
            (1) In general.--Except as provided in paragraph (2), a 
        forest management activity covered by the categorical exclusion 
        established under subsection (a) may not contain treatment 
        units exceeding a total of 10,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion established under 
        subsection (a) may contain treatment units exceeding a total of 
        10,000 acres but not more than a total of 30,000 acres if the 
        forest management activity is--
                    (A) developed through a collaborative process;
                    (B) proposed by a resource advisory committee; or
                    (C) covered by a community wildfire protection 
                plan.
    (e) Exclusions.--The authorities provided by this Act do not apply 
with respect to any National Forest System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within a national or State-specific 
        inventoried roadless area established by the Secretary of 
        Agriculture through regulation, unless--
                    (A) the forest management activity to be carried 
                out under such authority is consistent with the forest 
                plan applicable to the area; or
                    (B) the Secretary concerned determines the activity 
                is allowed under the applicable roadless rule governing 
                such lands; or
            (3) on which timber harvesting for any purpose is 
        prohibited by Federal statute.
    (f) Definitions.--In this section:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or forest management activity is developed and implemented by 
        the Secretary concerned through collaboration with multiple 
        interested persons representing diverse interests.
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (3) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System lands or 
        public lands consistent with the forest plan covering such 
        lands.
            (4) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (5) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (6) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702), except that 
        the term includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            (7) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
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