Protecting and Restoring Our Trees by Enhancing Conservation and Treatments Act

To establish a categorical exclusion to expedite certain critical response actions, and for other purposes. 1. Short title This Act may be cited as the Protecting and Restoring Our Trees by Enhancing Conservation and Treatments Act PROTECT Act 2. Categorical exclusion to expedite certain critical response actions (a) Categorical exclusion established Forest management 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) Forest management activities designated for categorical exclusion The forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is— (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect such habitat from catastrophic disturbances; (5) to increase water yield; (6) to remove dead or dying trees or trees at high risk of dying; (7) to facilitate native species restoration; or (8) any combination of the purposes specified in paragraphs (1) through (7). (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations (1) In general Except as provided in paragraph (2), a forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. (2) Larger areas authorized A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity is— (A) developed through a collaborative process; (B) proposed by a resource advisory committee; or (C) covered by a community wildfire protection plan. (e) Exclusions The authorities provided by this Act do not apply with respect to any National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— (A) the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or (B) the Secretary concerned determines the activity is allowed under the applicable roadless rule governing such lands; or (3) on which timber harvesting for any purpose is prohibited by Federal statute. (f) Definitions In this section: (1) Collaborative process The term collaborative process (2) Community wildfire protection plan The term community wildfire protection plan 16 U.S.C. 6511 (3) Forest management activity The term forest management activity (4) Forest plan The term forest plan (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (B) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (5) National forest system The term National Forest System 16 U.S.C. 1609(a) (6) Public lands The term public lands 43 U.S.C. 1702 (7) Resource advisory committee The term resource advisory committee 16 U.S.C. 7121 (8) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands.

Summary: Protecting and Restoring Our Trees by Enhancing Conservation and Treatments Act or the PROTECT Act This bill categorically excludes forest management activities carried out on specified public lands from requirements to conduct environmental assessments and environmental impact statements. In order to be excluded from environmental review, the primary purposes of such activities must be to address insect or disease infestations, reduce hazardous fuel loads, protect municipal water sources, protect critical habitats from catastrophic disturbances, increase water yield, remove dead or dying trees or trees at high risk of dying, or facilitate native species restoration. The bill limits the categorical exclusion to activities that manage up to 10,000 acres of land. However, activities that manage up to 30,000 acres of land may be categorically excluded from environmental review if the activities are developed through a collaborative process, proposed by certain resource advisory committees, or covered by community wildfire protection plans.