16 U.S.C. § 6514 — Environmental analysis
submitted 23 years ago by Pub. L. 108-148 to r/title-16-CONSERVATION · 710 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Except as otherwise provided in this subchapter, the Secretary* shall conduct authorized hazardous fuel reduction projects in accordance with—
the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and
other applicable laws.
The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each authorized hazardous fuel reduction project*.
Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe—
the proposed agency action;
the alternative of no action; and
an additional action alternative, if the additional alternative—
is proposed during scoping or the collaborative process under subsection (f); and
meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality.
If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall—
select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and
provide a written record describing the reasons for the selection.
For an authorized hazardous fuel reduction project that is proposed to be conducted in the wildland-urban interface, the Secretary is not required to study, develop, or describe more than the proposed agency action and 1 action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
Notwithstanding paragraph (1), but subject to paragraph (3), if an authorized hazardous fuel reduction project proposed to be conducted in the wildland-urban interface is located no further than 1½ miles from the boundary of an at-risk community*, the Secretary is not required to study, develop, or describe any alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
In the case of an authorized hazardous fuel reduction project described in paragraph (2), if the at-risk community has adopted a community wildfire protection plan and the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an alternative to the proposed agency action in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
The Secretary shall provide notice of each authorized hazardous fuel reduction project in accordance with applicable regulations and administrative guidelines.
During the preparation stage of each authorized hazardous fuel reduction project, the Secretary shall—
conduct a public meeting at an appropriate location proximate to the administrative unit of the Federal land* on which the authorized hazardous fuel reduction project will be conducted; and
provide advance notice of the location, date, and time of the meeting.
In order to encourage meaningful public participation during preparation of authorized hazardous fuel reduction projects, the Secretary shall facilitate collaboration among State and local governments and Indian tribes, and participation of interested persons, during the preparation of each authorized fuel reduction project in a manner consistent with the Implementation Plan*.
In accordance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) and the applicable regulations and administrative guidelines, the Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement for an authorized hazardous fuel reduction project.
The Secretary shall sign a decision document for authorized hazardous fuel reduction projects and provide notice of the final agency actions.
Source credit: (Pub. L. 108–148, title I, § 104, Dec. 3, 2003, 117 Stat. 1897.)
- 2003Enacted · Pub. L. 108-148 · 117 Stat. 1897
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-148 on 2003-12-03.
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