Codification of categorical exclusion

(a)

In general

Salvage harvesting 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)

Salvage harvesting activities designated for categorical exclusions

(1)

In general

The salvage harvesting activities designated under this section for categorical exclusion are— (A)covered actions with respect to dead or dying trees resulting from fire, insects, disease, drought, or other disturbances within treatment areas— (i)not to exceed 1,000 acres where the disturbance affects 3,000 acres of Bureau-managed lands or less; and (ii)not to exceed the lesser of 5,000 acres or 1/3 of the disturbance area where the disturbance exceeds 3,000 acres of Bureau-managed lands; and (B)carried out in conformance with applicable land use planning decisions. (2)

Limitations

In addition to the covered actions under paragraph (1), salvage harvesting activities to which the categorical exclusion applies under this section— (A)may include construction of up to 1 mile of new permanent road to facilitate covered actions, provided that all segments conform to applicable land use planning decisions with route-specific designations disclosed where travel management planning has been completed; (B)may include maintenance and renovation of existing roads as needed; (C)may include construction of temporary roads not to exceed a ratio of 2.25 miles per 1,000 acres of harvest area as needed, provided that the temporary roads— (i)are not part of the permanent transportation system of the Bureau; (ii)are designed to standards appropriate for their intended use (safety, erosion control, sedimentation prevention, and resource protection); (iii)are not needed for long-term resource management; and (iv) are decommissioned and stabilized after use to minimize erosion and protect water quality; and (D)require the disclosure of design features, in documentation of finding that an action is excluded pursuant to the use of this categorical exclusion, that address the following resource considerations consistent with applicable land use plan decisions, or, where no plan requirements apply, specify how the following resource considerations are addressed: (i)Snag and downed wood—amount to be created or retained. (ii)Erosion control—specifications or measures (e.g., water bars, dispersed slash). (iii)Soil compaction—criteria for avoidance, minimization, or remediation. (iv)Logging systems—types and scope of constraints (e.g., seasonal, location, extent, etc.). (v)Seasonal operations—purpose and extent of operating restrictions. (vi)Invasive species—measures to prevent or limit spread. (vii)Riparian areas—buffer widths and/or operating restrictions. (viii)Prescribed fire—operating constraints for underburning or pile burning. (ix)Temporary roads—decommissioning standards. (c)

Definitions

In this section: (1)

Bureau

The term Bureau means the Bureau of Land Management. (2)

Covered actions

The term covered actions means the one or more of the following actions: (A)Cutting, yarding, and removal of dead or dying trees. (B) Cutting, yarding, and removal of live trees needed for operations, landings, skid trails, or road clearing. (C)Chipping/grinding or removal of residual slash. (D)Jackpot burning, pile burning, and underburning. (E)Seeding or planting necessary to accelerate native species re-establishment. (3)

Dying tree

The term dying tree means a standing tree severely damaged by disturbance (such as fire, wind, insects, disease, drought) and, in the judgment of a forestry professional or someone technically trained for the work, is likely to die within two years. (4)

Permanent road

The term permanent road means a road constructed or reconstructed for use, as part of the permanent transportation system of the Bureau. (5)

Temporary road

The term temporary road means a road authorized by contract, permit, lease, written authorization, or emergency operation, not added to the permanent system, and decommissioned after use.