[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2698 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2698

  To establish a categorical exclusion to improve or restore National 
 Forest System land or public land or reduce the risk of wildfire, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            August 10, 2021

  Ms. Lummis introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To establish a categorical exclusion to improve or restore National 
 Forest System land or public land or reduce the risk of wildfire, 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 ``Stop Causing Alarming Tree, Air, and 
Soil Trauma Resulting from Obstructive Progressives' and Hypocritical 
Environmentalists' Schemes Act'' or the ``Stop CATASTROPHES Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System land or 
        public land consistent with the forest plan covering the land.
            (2) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public land pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); and
                    (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).
            (3) Hazardous fuel management.--The term ``hazardous fuel 
        management'' means any vegetation management activity that 
        reduces the risk of wildfire.
            (4) Late-season grazing.--The term ``late-season grazing'' 
        means a grazing activity that occurs--
                    (A) after an invasive species and native perennial 
                species have each completed the current-year annual 
                growth cycle; and
                    (B) until new plant growth begins to appear in the 
                following year.
            (5) National forest system.--The term ``National Forest 
        System'' means the land described in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (6) Noxious weed.--The term ``noxious weed'' includes 
        juniper trees, medusahead rye, conifer trees, pinon pine trees, 
        cheatgrass, and other noxious or invasive weeds specified on a 
        Federal or State noxious weed list.
            (7) Public land.--The term ``public land''--
                    (A) has the meaning given the term ``public lands'' 
                in section 103 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1702); and
                    (B) includes Coos Bay Wagon Road Grant land and 
                Oregon and California Railroad Grant land.
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.
            (9) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel management.

SEC. 3. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST 
              SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF 
              WILDFIRE.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are designated as a category of 
actions 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.--
            (1) In general.--The category of forest management 
        activities designated under this section for a categorical 
        exclusion are forest management activities described in 
        paragraph (2)--
                    (A) carried out by the Secretary concerned on 
                National Forest System land or public land; and
                    (B) the primary purpose of which is--
                            (i) to improve or restore the National 
                        Forest System land or public land; or
                            (ii) to reduce the risk of wildfire on the 
                        National Forest System land or public land.
            (2) Activities authorized.--The following forest management 
        activities may be carried out pursuant to the categorical 
        exclusion established under subsection (a):
                    (A) Removal of noxious weeds through--
                            (i) late-season livestock grazing;
                            (ii) targeted livestock grazing;
                            (iii) prescribed burns; and
                            (iv) mechanical treatments.
                    (B) Performance of hazardous fuel management.
                    (C) Creation of fuel and fire breaks.
                    (D) Modification of existing fences to distribute 
                livestock and improve wildlife habitat.
                    (E) Installation of erosion control devices.
                    (F) Construction of new permanent infrastructure 
                and maintenance of existing permanent infrastructure, 
                including stock ponds, water catchments, and water 
                spring boxes used to benefit livestock and improve 
                wildlife habitat.
                    (G) Performance of soil treatments, native and 
                nonnative seeding, and planting and transplanting of 
                sagebrush, grass, forb, shrub, and other species of 
                grass.
                    (H) Use of herbicides, if the Secretary concerned 
                determines that the activity is otherwise conducted 
                consistent with any forest plan applicable to the area 
                covered by the activity.
    (c) Availability of Categorical Exclusion.--On and after the date 
of enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion established under subsection (a) may not 
exceed 10,000 acres.
    (e) Exclusions.--The categorical exclusion established under 
subsection (a) shall not apply to a forest management activity 
described in subsection (b)(2) that is carried out on National Forest 
System land or public land--
            (1) that is a component of the National Wilderness 
        Preservation System;
            (2) that is 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 on the National Forest System land or public 
                land is consistent with the forest plan applicable to 
                the area; or
                    (B) the Secretary concerned determines that the 
                forest management activity is allowed under the 
                applicable roadless rule; or
            (3) on which timber harvesting for any purpose is 
        prohibited by Federal law.
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