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.