[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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