II 

117TH CONGRESS 

1ST SESSION S. 2698 

To establish a categorical exclusion to improve or restore National Forest 

System land or public land or reduce the risk of wildfire, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 10, 2021 

Ms. LUMMIS introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To establish a categorical exclusion to improve or restore 

National Forest System land or public land or reduce 

the risk of wildfire, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Causing Alarming 

5 Tree, Air, and Soil Trauma Resulting from Obstructive 

6 Progressives’ and Hypocritical Environmentalists’ 

7 Schemes Act’’ or the ‘‘Stop CATASTROPHES Act’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


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1 (1) FOREST MANAGEMENT ACTIVITY.—The 

2 term ‘‘forest management activity’’ means a project 

3 or activity carried out by the Secretary concerned on 

4 National Forest System land or public land con5 sistent with the forest plan covering the land. 

6 (2) FOREST PLAN.—The term ‘‘forest plan’’ 

7 means— 

8 (A) a land use plan prepared by the Bu9 reau of Land Management for public land pur10 suant to section 202 of the Federal Land Policy 

11 and Management Act of 1976 (43 U.S.C. 

12 1712); and 

13 (B) a land and resource management plan 

14 prepared by the Forest Service for a unit of the 

15 National Forest System pursuant to section 6 

16 of the Forest and Rangeland Renewable Re17 sources Planning Act of 1974 (16 U.S.C. 

18 1604). 

19 (3) HAZARDOUS FUEL MANAGEMENT.—The 

20 term ‘‘hazardous fuel management’’ means any vege21 tation management activity that reduces the risk of 

22 wildfire. 

23 (4) LATE-SEASON GRAZING.—The term ‘‘late24 season grazing’’ means a grazing activity that oc25 curs— 


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1 (A) after an invasive species and native pe2 rennial species have each completed the cur3 rent-year annual growth cycle; and 

4 (B) until new plant growth begins to ap5 pear in the following year. 

6 (5) NATIONAL FOREST SYSTEM.—The term 

7 ‘‘National Forest System’’ means the land described 

8 in section 11(a) of the Forest and Rangeland Re9 newable Resources Planning Act of 1974 (16 U.S.C. 

10 1609(a)). 

11 (6) NOXIOUS WEED.—The term ‘‘noxious weed’’ 

12 includes juniper trees, medusahead rye, conifer 

13 trees, pin ̃on pine trees, cheatgrass, and other nox14 ious or invasive weeds specified on a Federal or 

15 State noxious weed list. 

16 (7) PUBLIC LAND.—The term ‘‘public land’’— 

17 (A) has the meaning given the term ‘‘pub18 lic lands’’ in section 103 of the Federal Land 

19 Policy and Management Act of 1976 (43 U.S.C. 

20 1702); and 

21 (B) includes Coos Bay Wagon Road Grant 

22 land and Oregon and California Railroad Grant 

23 land. 

24 (8) SECRETARY CONCERNED.—The term ‘‘Sec25 retary concerned’’ means— 


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1 (A) the Secretary of Agriculture, with re2 spect to National Forest System land; and 

3 (B) the Secretary of the Interior, with re4 spect to public land. 

5 (9) TARGETED LIVESTOCK GRAZING.—The 

6 term ‘‘targeted livestock grazing’’ means grazing 

7 used for purposes of hazardous fuel management. 

8 SEC. 3. CATEGORICAL EXCLUSION TO IMPROVE OR RE9 STORE NATIONAL FOREST SYSTEM LANDS OR 

10 PUBLIC LAND OR REDUCE THE RISK OF 

11 WILDFIRE. 

12 (a) CATEGORICAL EXCLUSION ESTABLISHED.—For13 est management activities described in subsection (b) are 

14 designated as a category of actions categorically excluded 

15 from the preparation of an environmental assessment or 

16 an environmental impact statement under section 102 of 

17 the National Environmental Policy Act of 1969 (42 U.S.C. 

18 4332). 

19 (b) FOREST MANAGEMENT ACTIVITIES DESIGNATED

20 FOR CATEGORICAL EXCLUSION.— 

21 (1) IN GENERAL.—The category of forest man22 agement activities designated under this section for 

23 a categorical exclusion are forest management activi24 ties described in paragraph (2)— 


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1 (A) carried out by the Secretary concerned 

2 on National Forest System land or public land; 

3 and 

4 (B) the primary purpose of which is— 

5 (i) to improve or restore the National 

6 Forest System land or public land; or 

7 (ii) to reduce the risk of wildfire on 

8 the National Forest System land or public 

9 land. 

10 (2) ACTIVITIES AUTHORIZED.—The following 

11 forest management activities may be carried out 

12 pursuant to the categorical exclusion established 

13 under subsection (a): 

14 (A) Removal of noxious weeds through— 

15 (i) late-season livestock grazing; 

16 (ii) targeted livestock grazing; 

17 (iii) prescribed burns; and 

18 (iv) mechanical treatments. 

19 (B) Performance of hazardous fuel man20 agement. 

21 (C) Creation of fuel and fire breaks. 

22 (D) Modification of existing fences to dis23 tribute livestock and improve wildlife habitat. 

24 (E) Installation of erosion control devices. 


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1 (F) Construction of new permanent infra2 structure and maintenance of existing perma3 nent infrastructure, including stock ponds, 

4 water catchments, and water spring boxes used 

5 to benefit livestock and improve wildlife habitat. 

6 (G) Performance of soil treatments, native 

7 and nonnative seeding, and planting and trans8 planting of sagebrush, grass, forb, shrub, and 

9 other species of grass. 

10 (H) Use of herbicides, if the Secretary con11 cerned determines that the activity is otherwise 

12 conducted consistent with any forest plan appli13 cable to the area covered by the activity. 

14 (c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

15 On and after the date of enactment of this Act, the Sec16 retary concerned may use the categorical exclusion estab17 lished under subsection (a) in accordance with this section. 

18 (d) ACREAGE LIMITATIONS.—A forest management 

19 activity covered by the categorical exclusion established 

20 under subsection (a) may not exceed 10,000 acres. 

21 (e) EXCLUSIONS.—The categorical exclusion estab22 lished under subsection (a) shall not apply to a forest 

23 management activity described in subsection (b)(2) that 

24 is carried out on National Forest System land or public 

25 land— 


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1 (1) that is a component of the National Wilder2 ness Preservation System; 

3 (2) that is located within a national or State4 specific inventoried roadless area established by the 

5 Secretary of Agriculture through regulation, un6 less— 

7 (A) the forest management activity to be 

8 carried out under on the National Forest Sys9 tem land or public land is consistent with the 

10 forest plan applicable to the area; or 

11 (B) the Secretary concerned determines 

12 that the forest management activity is allowed 

13 under the applicable roadless rule; or 

14 (3) on which timber harvesting for any purpose 

15 is prohibited by Federal law. 

Æ 


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