Title 16 — Conservation
Chapter 84 — Healthy Forest Restoration
§ 6591a. Designation of treatment areas
Statutory text
Definition of declining forest health
In this section, the term “declining forest health” means a forest that is experiencing—
substantially increased tree mortality due to insect or disease infestation; or
dieback due to infestation or defoliation by insects or disease.
Designation of treatment areas
Initial areas
Not later than 60 days after , the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic.
Additional areas
After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats.
Requirements
To be designated a landscape-scale area under subsection (b), the area shall be—
experiencing declining forest health, based on annual forest health surveys conducted by the Secretary;
at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or
in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.
Treatment of areas
In general
The Secretary may carry out priority projects on Federal land in the areas designated under subsection (b)—
to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or
to reduce hazardous fuels.
Authority
Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before , may be carried out in accordance with subsections (b), (c), and (d) of section 6512 of this title, and sections 6514, 6515, and 6516 of this title.
Effect
Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2).
Report
In general
In accordance with the schedule described in subparagraph (B), the Secretary shall issue 2 reports on actions taken to carry out this subsection, including—
an evaluation of the progress towards project goals; and
recommendations for modifications to the projects and management treatments.
Schedule
The Secretary shall—
not earlier than , issue the initial report under subparagraph (A); and
not earlier than , issue the second report under that subparagraph.
Tree retention
The Secretary shall carry out projects under subsection (d) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 108–148 title VI § 602 · 117 Stat. 1887
Enacted · 16 U.S.C. § 6591a
Pub. L. 108–148, title VI, § 602, as added Pub. L. 113–79, title VIII, § 8204, Feb. 7, 2014, 128 Stat. 915
Source evidence
Code source credit
Pub. L. 108–148, title VI, § 602, as added Pub. L. 113–79, title VIII, § 8204, Feb. 7, 2014, 128 Stat. 915Agriculture Improvement Act of 2018
Pub. L. 115–334 § 8407(b)(1) · 132 Stat. 4490
Substituted · 16 U.S.C. § 6591a(d)(1)
Pub. L. 115–334, § 8407(b)(1), substituted “subsection (b)—” and subpars. (A) and (B) for “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 115–334, § 8407(b)(1), substituted “subsection (b)—” and subpars. (A) and (B) for “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.”Enacted provision · exact public law section
(1) Treatment of areas.— Section 602(d)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is amended by striking “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.” and inserting the following: “subsection (b)— “(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or “(B) to reduce hazardous fuels.” .Agriculture Improvement Act of 2018
Pub. L. 115–334 § 8407(b)(2) · 132 Stat. 4490
Substituted · 16 U.S.C. § 6591a(d)(2)
Pub. L. 115–334, § 8407(b)(2), substituted “2023” for “2018”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 115–334, § 8407(b)(2), substituted “2023” for “2018”.Enacted provision · exact public law section
(2) Extension of authority.— Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended by striking “2018” and inserting “2023”.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 8408 · 132 Stat. 4490
Struck · 16 U.S.C. § 6591a(f)
Pub. L. 115–334, § 8408, struck out subsec. (f). Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2024.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–334, § 8408, struck out subsec. (f). Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2024.”Enacted provision · exact public law section
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF TREATMENT AREAS. Section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended by striking subsection (f).
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on , to continue, and authorities to be carried out, until the later of , or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.
Amendments
2018—Subsec. (d)(1). Pub. L. 115–334, § 8407(b)(1), substituted “subsection (b)—” and subpars. (A) and (B) for “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.”
Subsec. (d)(2). Pub. L. 115–334, § 8407(b)(2), substituted “2023” for “2018”.
Subsec. (f). Pub. L. 115–334, § 8408, struck out subsec. (f). Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2024.”
Credits
2014–2018 · 2 acts
- 2014Pub. L. 108–148, title VI, § 602, as added Pub. L. 113–79, title VIII, § 8204, , 128 Stat. 915
- 2018amended Pub. L. 115–334, title VIII, §§ 8407(b), 8408, , 132 Stat. 4846, 4847.
Show as published
(Pub. L. 108–148, title VI, § 602, as added Pub. L. 113–79, title VIII, § 8204, , 128 Stat. 915; amended Pub. L. 115–334, title VIII, §§ 8407(b), 8408, , 132 Stat. 4846, 4847.)