[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8688 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8688
To codify the categorical exclusion proposed in the National
Environmental Policy Act Implementing Procedures for the Bureau of Land
Management related to tree density modification published on April 6,
2026.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Mr. Hurd of Colorado (for himself and Mr. Newhouse) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To codify the categorical exclusion proposed in the National
Environmental Policy Act Implementing Procedures for the Bureau of Land
Management related to tree density modification published on April 6,
2026.
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 ``Forest Health and Wildfire Risk
Reduction Act''.
SEC. 2. CODIFICATION OF CATEGORICAL EXCLUSION.
(a) In General.--Tree density modification 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) Tree Density Modification Activities Designated for Categorical
Exclusion.--
(1) Conditions.--The tree density modification activities
designated under this section for categorical exclusion are
covered actions carried out within a treatment area of less
than 5,000 acres.
(2) Exclusion.--The categorical exclusion provided for
under subsection (a) does not apply to--
(A) silvicultural methods that are intended to
regenerate whole stands, such as even-aged regeneration
harvest, clearcutting, or variable retention harvest;
or
(B) vegetation management intended to convert
forest or woodlands to non-forest vegetation cover.
(3) Limitations on actions.--In addition to the covered
actions under paragraph (1), tree density modification
activities to which the categorical exclusion under this
section applies--
(A) may include construction of up to 5 miles 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 2.5 miles per 1,000 acres of
treatment 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
one or more of the following actions:
(A) Cutting, yarding, and the use of landings and
skid trails to facilitate the removal of commercial and
non-commercial trees.
(B) Chipping, grinding, or removal of residual
slash.
(C) Group selection silvicultural treatment to
promote regeneration of shade intolerant species and
early successional habitat in an uneven-aged context
not to exceed 2-acre individual patches and 10 percent
of the treatment area (group selection openings will
retain overstory legacy elements consistent with the
applicable land use plan (for example, large fire
resilient trees, snags)).
(D) Pile burning or underburning of fuels created
by covered actions described in clauses (i) through
(iii) and fuels within or in close proximity to those
actions' treatment boundaries whether created by those
actions or not.
(E) Seeding or planting necessary to accelerate
native species re-establishment.
(3) Group selection.--The term ``group selection'' means an
uneven-aged harvest method where groups of trees are removed to
promote spatial heterogeneity, regeneration of desired tree
species, or the establishment of new cohorts.
(4) Permanent road.--The term ``permanent road'' means a
road constructed or reconstructed and managed 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 transportation system of the Bureau, and
decommissioned after use.
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