dreamproit/uscode huggingface dataset:
16 U.S.C. § 6516 (CONSERVATION)
§ 6516. Judicial review in United States district courts
(a) Venue
Notwithstanding section 1391 of title 28 or other applicable law, an authorized hazardous fuels reduction project conducted under this subchapter shall be subject to judicial review only in the United States district court for a district in which the Federal land to be treated under the authorized hazardous fuels reduction project is located.
(b) Expeditious completion of judicial review
In the judicial review of an action challenging an authorized hazardous fuel reduction project under subsection (a), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.
(c) Injunctions
(1) In general
Subject to paragraph (2), the length of any preliminary injunctive relief and stays pending appeal covering an authorized hazardous fuel reduction project carried out under this subchapter shall not exceed 60 days.
(2) Renewal
(A) In general
A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
(B) Updates
In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized hazardous fuel reduction project.
(3) Balancing of short- and long-term effects
As part of its weighing the equities while considering any request for an injunction that applies to an agency action under an authorized hazardous fuel reduction project, the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of—
(A) the short- and long-term effects of undertaking the agency action; against
(B) the short- and long-term effects of not undertaking the agency action.
(Pub. L. 108–148, title I, § 106, Dec. 3, 2003, 117 Stat. 1900.)
16 U.S.C. § 6517 (CONSERVATION)
§ 6517. Effect of subchapter
(a) Other authority
Nothing in this subchapter affects, or otherwise biases, the use by the Secretary of other statutory or administrative authority (including categorical exclusions adopted to implement the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) to conduct a hazardous fuel reduction project on Federal land (including Federal land identified in section 6512(d) of this title) that is not conducted using the process authorized by section 6514 of this title.
(b) National Forest System
For projects and activities of the National Forest System other than authorized hazardous fuel reduction projects, nothing in this subchapter affects, or otherwise biases, the notice, comment, and appeal procedures for projects and activities of the National Forest System contained in part 215 of title 36, Code of Federal Regulations, or the consideration or disposition of any legal action brought with respect to the procedures.
(Pub. L. 108–148, title I, § 107, Dec. 3, 2003, 117 Stat. 1900.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
16 U.S.C. § 6518 (CONSERVATION)
§ 6518. Authorization of appropriations
There is authorized to be appropriated $660,000,000 for each of fiscal years 2019 through 2023 to carry out—
(1) activities authorized by this subchapter; and
(2) other hazardous fuel reduction activities of the Secretary, including making grants to States, local governments, Indian tribes, and other eligible recipients for activities authorized by law.
(Pub. L. 108–148, title I, § 108, Dec. 3, 2003, 117 Stat. 1901; Pub. L. 115–334, title VIII, § 8402, Dec. 20, 2018, 132 Stat. 4841.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 substituted “$660,000,000 for each of fiscal years 2019 through 2023” for “$760,000,000 for each fiscal year” in introductory provisions.
16 U.S.C. § 6531 (CONSERVATION)
§ 6531. Repealed. Pub. L. 115–334, title VIII, § 8403(a), Dec. 20, 2018, 132 Stat. 4841
text: Section, Pub. L. 108–148, title II, § 203, Dec. 3, 2003, 117 Stat. 1902, related to biomass commercial utilization grant program.
16 U.S.C. § 6541 (CONSERVATION)
§ 6541. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 108–148, title III, § 301, Dec. 3, 2003, 117 Stat. 1902, which provided congressional findings and purposes of title III of Pub. L. 108–148 (enacting this subchapter and section 2103b of this title), was omitted in view of the repeal of sections 2103b and 6542 of this title.
16 U.S.C. § 6543 (CONSERVATION)
§ 6543. Watershed Condition Framework
(a) In general
The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the “Secretary”), may establish and maintain a Watershed Condition Framework for National Forest System land—
(1) to evaluate and classify the condition of watersheds, taking into consideration—
(A) water quality and quantity;
(B) aquatic habitat and biota;
(C) riparian and wetland vegetation;
(D) the presence of roads and trails;
(E) soil type and condition;
(F) groundwater-dependent ecosystems;
(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and
(H) other significant factors, as determined by the Secretary;
(2) to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on—
(A) wildfire behavior;
(B) flood risk;
(C) fish and wildlife;
(D) drinking water supplies;
(E) irrigation water supplies;
(F) forest-dependent communities; and
(G) other significant impacts, as determined by the Secretary;
(3) to develop a watershed protection and restoration action plan for each priority watershed that—
(A) takes into account existing restoration activities being implemented in the watershed; and
(B) includes, at a minimum—
(i) the major stressors responsible for the impaired condition of the watershed;
(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions;
(iii) a proposed implementation schedule;
(iv) potential partners and funding sources; and
(v) a monitoring and evaluation program;
(4) to prioritize protection and restoration activities for each watershed restoration action plan;
(5) to implement each watershed protection and restoration action plan; and
(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
(b) Coordination
In carrying out subsection (a), the Secretary shall—
(1) coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and
(2) provide for an active and ongoing public engagement process.
(c) Emergency designation
Notwithstanding paragraph (2) of subsection (a), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in that subsection if a Forest Supervisor determines that—
(1) a wildfire has significantly diminished the condition of the watershed; and
(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.
(Pub. L. 108–148, title III, § 304, as added Pub. L. 115–334, title VIII, § 8405(a), Dec. 20, 2018, 132 Stat. 4843.)
16 U.S.C. § 6552 (CONSERVATION)
§ 6552. Definitions
In this subchapter:
(1) Applied silvicultural assessment
(A) In general
The term “applied silvicultural assessment” means any vegetative or other treatment carried out for information gathering and research purposes.
(B) Inclusions
The term “applied silvicultural assessment” includes timber harvesting, thinning, prescribed burning, pruning, and any combination of those activities.
(2) 1890 Institution
(A) In general
The term “1890 Institution” means a college or university that is eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.).
(B) Inclusion
The term “1890 Institution” includes Tuskegee University.
(3) Forest-damaging insect
The term “forest-damaging insect” means—
(A) a Southern pine beetle;
(B) a mountain pine beetle;
(C) a spruce bark beetle;
(D) a gypsy moth;
(E) a hemlock woolly adelgid;
(F) an emerald ash borer;
(G) a red oak borer;
(H) a white oak borer; and
(I) such other insects as may be identified by the Secretary.
(4) Secretary
The term “Secretary” means—
(A) the Secretary of Agriculture, acting through the Forest Service, with respect to National Forest System land; and
(B) the Secretary of the Interior, acting through appropriate offices of the United States Geological Survey, with respect to federally owned land administered by the Secretary of the Interior.
(Pub. L. 108–148, title IV, § 402, Dec. 3, 2003, 117 Stat. 1908.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 30, 1890, referred to in par. (2)(A), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 321 of Title 7 and Tables.
16 U.S.C. § 6553 (CONSERVATION)
§ 6553. Accelerated information gathering regarding forest-damaging insects
(a) Information gathering
The Secretary, acting through the Forest Service and United States Geological Survey, as appropriate, shall establish an accelerated program—
(1) to plan, conduct, and promote comprehensive and systematic information gathering on forest-damaging insects and associated diseases, including an evaluation of—
(A) infestation prevention and suppression methods;
(B) effects of infestations and associated disease interactions on forest ecosystems;
(C) restoration of forest ecosystem efforts;
(D) utilization options regarding infested trees; and
(E) models to predict the occurrence, distribution, and impact of outbreaks of forest-damaging insects and associated diseases;
(2) to assist land managers in the development of treatments and strategies to improve forest health and reduce the susceptibility of forest ecosystems to severe infestations of forest-damaging insects and associated diseases on Federal land and State and private land; and
(3) to disseminate the results of the information gathering, treatments, and strategies.
(b) Cooperation and assistance
The Secretary shall—
(1) establish and carry out the program in cooperation with—
(A) scientists from colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions);
(B) Federal, State, and local agencies; and
(C) private and industrial landowners; and
(2) designate such colleges and universities to assist in carrying out the program.
(Pub. L. 108–148, title IV, § 403, Dec. 3, 2003, 117 Stat. 1909.)
16 U.S.C. § 6555 (CONSERVATION)
§ 6555. Relation to other laws
The authority provided to each Secretary under this subchapter is supplemental to, and not in lieu of, any authority provided to the Secretaries under any other law.
(Pub. L. 108–148, title IV, § 405, Dec. 3, 2003, 117 Stat. 1911.)
16 U.S.C. § 6556 (CONSERVATION)
§ 6556. Termination of effectiveness
The authority provided by this subchapter terminates effective October 1, 2023.
(Pub. L. 108–148, title IV, § 406, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 115–334, title VIII, § 8406(a), Dec. 20, 2018, 132 Stat. 4845.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–334 amended section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated such sums as are necessary to carry out this subchapter for each of fiscal years 2004 through 2008.”
16 U.S.C. § 6571 (CONSERVATION)
§ 6571. Establishment of healthy forests reserve program
(a) Establishment
The Secretary of Agriculture shall establish the healthy forests reserve program for the purpose of restoring and enhancing forest ecosystems—
(1) to promote the recovery of threatened and endangered species;
(2) to improve biodiversity;
(3) to conserve forest land that provides habitat for species described in section 6572(b) of this title; and
(4) to enhance carbon sequestration.
(b) Coordination
The Secretary of Agriculture shall carry out the healthy forests reserve program in coordination with the Secretary of the Interior and the Secretary of Commerce.
(Pub. L. 108–148, title V, § 501, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 115–334, title VIII, § 8407(a)(1), Dec. 20, 2018, 132 Stat. 4845.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a)(3), (4). Pub. L. 115–334 added par. (3) and redesignated former par. (3) as (4).
16 U.S.C. § 6573 (CONSERVATION)
§ 6573. Restoration plans
(a) In general
Land enrolled in the healthy forests reserve program shall be subject to a restoration plan, to be developed jointly by the landowner and the Secretary of Agriculture, in coordination with the Secretary of the Interior.
(b) Practices
The restoration plan shall require such restoration practices and measures as are necessary to restore and enhance habitat for species described in section 6572(b) of this title, including the following:
(1) Land management practices.
(2) Vegetative treatments.
(3) Structural practices and measures.
(4) Practices to increase carbon sequestration.
(5) Practices to improve biological diversity.
(6) Other practices and measures.
(Pub. L. 108–148, title V, § 503, Dec. 3, 2003, 117 Stat. 1912; Pub. L. 115–334, title VIII, § 8407(a)(7), (9), Dec. 20, 2018, 132 Stat. 4846.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–334, § 8407(a)(9), substituted “Secretary of the Interior” for “Secretary of Interior”.
Subsec. (b). Pub. L. 115–334, § 8407(a)(7), amended subsec. (b) generally. Prior to amendment, text read as follows: “The restoration plan shall require such restoration practices as are necessary to restore and enhance habitat for—
“(1) species listed as endangered or threatened under section 1533 of this title; and
“(2) animal or plant species before the species reach threatened or endangered status, such as candidate, State-listed species, and special concern species.”
16 U.S.C. § 6574 (CONSERVATION)
§ 6574. Financial assistance
(a) Permanent easements
In the case of land enrolled in the healthy forests reserve program using a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) 1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)—
(1) the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and
(2) the actual costs of the approved conservation practices or the average cost of approved practices carried out on the land during the period in which the land is subject to the easement.
(b) Thirty-year easement
In the case of land enrolled in the healthy forests reserve program using a 30-year easement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
(1) 75 percent of the fair market value of the land, less the fair market value of the land encumbered by the easement; and
(2) 75 percent of the actual costs of the approved conservation practices or 75 percent of the average cost of approved practices.
(c) Ten-year agreement
In the case of land enrolled in the healthy forests reserve program using a 10-year cost-share agreement, the Secretary of Agriculture shall pay the owner of the land an amount equal to not more than (as determined by the Secretary)—
(1) fifty percent of the actual costs of the approved conservation practices; or
(2) fifty percent of the average cost of approved practices.
(d) Acceptance of contributions
The Secretary of Agriculture may accept and use contributions of non-Federal funds to make payments under this section.
(Pub. L. 108–148, title V, § 504, Dec. 3, 2003, 117 Stat. 1913; Pub. L. 110–234, title VIII, § 8205(b), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(b), June 18, 2008, 122 Stat. 1664, 2057.)
heading: Editorial Notes
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–246, § 8205(b), substituted “Permanent easements” for “Easements of not more than 99 years” in heading and “a permanent easement (or an easement described in section 6572(f)(1)(C)(ii) of this title)” for “an easement of not more than 99 years described in section 6572(f)(1)(C) of this title” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
16 U.S.C. § 6575 (CONSERVATION)
§ 6575. Technical assistance
(a) In general
The Secretary of Agriculture shall provide landowners with technical assistance to assist the owners in complying with the terms of plans (as included in agreements or easements) under the healthy forests reserve program.
(b) Technical service providers
The Secretary of Agriculture may request the services of, and enter into cooperative agreements with, individuals or entities certified as technical service providers under section 3842 of this title, to assist the Secretary in providing technical assistance necessary to develop and implement the healthy forests reserve program.
(Pub. L. 108–148, title V, § 505, Dec. 3, 2003, 117 Stat. 1913.)
16 U.S.C. § 6576 (CONSERVATION)
§ 6576. Protections and measures
(a) Protections
In the case of a landowner that enrolls land in the program and whose conservation activities result in a net conservation benefit for listed, candidate, or other species, the Secretary of Agriculture shall make available to the landowner safe harbor or similar assurances and protection under—
(1) section 1536(b)(4) of this title; or
(2) section 1539(a)(1) of this title.
(b) Measures
If protection under subsection (a) requires the taking of measures that are in addition to the measures covered by the applicable restoration plan agreed to under section 6573 of this title, the cost of the additional measures, as well as the cost of any permit, shall be considered part of the restoration plan for purposes of financial assistance under section 6574 of this title.
(Pub. L. 108–148, title V, § 506, Dec. 3, 2003, 117 Stat. 1914.)
16 U.S.C. § 6577 (CONSERVATION)
§ 6577. Involvement by other agencies and organizations
In carrying out this subchapter, the Secretary of Agriculture may consult with—
(1) nonindustrial private forest landowners;
(2) other Federal agencies;
(3) State fish and wildlife agencies;
(4) State forestry agencies;
(5) State environmental quality agencies;
(6) other State conservation agencies; and
(7) nonprofit conservation organizations.
(Pub. L. 108–148, title V, § 507, Dec. 3, 2003, 117 Stat. 1914.)
16 U.S.C. § 6578 (CONSERVATION)
§ 6578. Funding
(a) Fiscal years 2009 through 2013 1
Of the funds of the Commodity Credit Corporation, the Secretary of Agriculture shall make available $9,750,000 for each of fiscal years 2009 through 2012 1 to carry out this subchapter.
(b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $12,000,000 for each of fiscal years 2014 through 2023.
(c) Additional source of funds
In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 6574 of this title.
(d) Duration of availability
The funds made available under subsection (a) shall remain available until expended.
(Pub. L. 108–148, title V, § 508, Dec. 3, 2003, 117 Stat. 1914; Pub. L. 110–234, title VIII, § 8205(c), May 22, 2008, 122 Stat. 1295; Pub. L. 110–246, § 4(a), title VIII, § 8205(c), June 18, 2008, 122 Stat. 1664, 2057; Pub. L. 113–79, title VIII, § 8203(b), Feb. 7, 2014, 128 Stat. 915; Pub. L. 115–334, title VIII, § 8407(a)(8), Dec. 20, 2018, 132 Stat. 4846.)
heading: Editorial Notes
heading: References in Text
text: The Soil Conservation and Domestic Allotment Act, referred to in subsec. (c), is act Apr. 27, 1935, ch. 85, 49 Stat. 163, which is classified generally to chapter 3B (§ 590a et seq.) of this title. For complete classification of this Act to the Code, see section 590q of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–334 substituted “Authorization of appropriations” for “Fiscal years 2014 through 2018” in heading and “2023” for “2018” in text.
2014—Subsec. (a). Pub. L. 113–79, § 8203(b)(1), substituted “Fiscal years 2009 through 2013” for “In general” in heading.
Subsecs. (b) to (d). Pub. L. 113–79, § 8203(b)(2), (3), added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
2008—Pub. L. 110–246, § 8205(c), amended section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subchapter—
“(1) $25,000,000 for fiscal year 2004; and
“(2) such sums as are necessary for each of fiscal years 2005 through 2008.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.