Categorical Exclusions

EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE ACTIONS:

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8311
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		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 it from catastrophic disturbances 5) to increase water yield
Acres cap:		6,000

 

EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN RESPONSE TO CATASTROPHIC EVENTS:

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8312
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Definitions:		Catastrophic: any natural disaster (hurricane, tornado ,windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, insect or disease outbreak), or any fire, flood, or explosion. Salvage operation: a forest management activity carried out in response to a catastrophic event where the primary purpose is a) to prevent wildfire or to prevent a re-burn of a fire-impacted area, b) to provide an opportunity for utilization of forest materials damaged as a result of a catastrophic event, c) to provide a funding source for reforestation for the National Forest System lands or public lands impacted by the catastrophic event.
Requirements:		Must comply with standards for stream buffers contained in the applicable forest plan, except that the Regional Forester my waive standards on a case-by-case basis
Acres cap:		6,000

 

EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY SUCCESSFUL FORESTS

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8313
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		Forest management activities where the primary purpose is to improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes
Project Goals:		The Secretary shall design a forest management activity to meet early successional forest goals to maximize production and regeneration of priority species.
Acres cap:		6,000

 

EXCLUSION FOR HAZARD TREES

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8314
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		Removing hazard trees for the protection of public safety, water supply or public infrastructure.

 

EXCLUSION TO IMPROVE OR RESTORE NAT'L FOREST SYSTEM LANDS OR REDUCE RISK OF WILDFIRE & GREATER SAGE-GROUSE AND MULE DEER HABITAT

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs 8611	H.R. 2, sec. 8315
Exclusion:	Exclusion not yet defined - will be defined within 1 year by the Secretary	Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Definitions:	Covered vegetation management activities must be carried out on Nat'l Forest System land or carried out on public land administered by the BLM, meets the objectives of the order 3336, conforms to applicable forest plan, protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem.	Hazardous fuels management: any vegetation management activities that reduce the risk of wildfire. Late-season grazing: grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear the following year. Targeted livestock grazing: grazing used for the purposes of hazardous fuels management.
Activities Designated for Categorical Exclusion:	a) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation, b) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding, c) removal of cheat grass, medusa head rye, or other, nonnative invasive vegetation, d) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method e) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization f) targeted use of an herbicide, g) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds, h) temporary removal of wild horses or burros i) modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary	a) removal of juniper trees, medusa head rye, conifer trees, pinon pine trees, cheatgrass, and other noxious or invasive weeds specified on federal or state noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments, b) performance of hazardous fuels management, c) creation of fuel and fire breaks d) modification of existing fences in order to distribute livestock and help improve wildlife habitat, e) stream restoration and erosion control and installation of erosion control devises, f) construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat g) performance of soil treatments, native and non-native seeding, and planting of an transplanting sagebrush, grass, forb, shrub, and other species h) use of herbicides
Requirements:	Does not include activity conducted in a wilderness area or wilderness study area, any activity for the construction of a permanent road or permanent trail, any activity conducted in an area inconsistent with applicable land and resource management plans, any activity conducted in an inventoried roadless area	Primary purpose granted to exclusion must be to improve or restore land or reduce risk of wildfire on land.
Acres cap:	3,000	6,000

 

EXCLUSION FOR FOREST RESTORATION

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8316
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Roads:		A forest management activity covered by this exclusion may include the construction of permanent roads not to exceed 3 miles and the maintenance and reconstruction of existing permanent roads and trails, including the relocation of segments of existing roads and trails to address resource impacts. Roads must be decommissioned no later than 3 years after the date they were completed.
Activities Designated for Categorical Exclusion:		a) timber harvests b) hazardous fuel reduction, c) prescribed burning, d) improvement or establishment of wildlife and aquatic habitat, street restoration and erosion control
Requirements:		Primary purpose of activity must be to a) improve forest health and resiliency to disturbances, b) reduce hazardous fuels, c) improve wildlife and aquatic habitat
Acres cap:		6,000

 

EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT ACTIVITIES

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8317
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		a) constructing, reconstructing, or decommissioning Nat'l Forest System roads not exceeding 3 miles b) adding an existing road to the forest transportation system c) reclassifying a Nat'l Forest System road at a different maintenance level d) reconstructing rehabilitating or decommissioning bridges e) removing dams, f) maintaining facilities through the use of pesticides

 

EXCLUSION FOR DEVELOPED RECREATION SITES

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8318
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		a) constructing, modifying, or reconstructing toilet or shower facilities, b) constructing, modifying, or reconstructing fishing piers, wildlife viewing platforms, docks, or other constructed recreation sites or facilities, c) constructing, reconstructing, or maintaining parking areas, Nat'l Forest System roads, or Nat'l Forest System trails within or connecting to rec sites, including paving and road and trail rerouting, d) modifying or reconstructing existing water or waste disposal systems, e) constructing, modifying, or reconstructing single or group use sites, f) decommissioning recreation facilities g) decommissioning Nat'l Forest System roads or trails not exceeding 3 miles within or connecting to developed recreation sites, h) constructing, modifying, or reconstructing boat landings, i) reconstructing existing ski lifts, k) modifying or reconstructing a recreation lodging rental
Requirements:		Activities' primary purpose must be to operate, maintain, modify, reconstruct, or decommission existing developed recreation sites

 

EXCLUSION FOR ADMINSTRATIVE SITES

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8319
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Activities Designated for Categorical Exclusion:		Constructing, reconstructing, maintaining, decommissioning, relocating, or disposing of an administrative site.

 

EXCLUSION FOR SPECIAL USE AUTHORIZATIONS

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8320
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Roads:
Activities Designated for Categorical Exclusion:		a) issuance of a new special use authorization for an existing or expired special use authorization, b) modification, removal, repair, maintenance, reconstruction, or replacement of a facility or improvement for an existing special use authorization, c) issuance of a new special use authorization for activities that will occur on existing roads, trails, facilities, or areas approved for use in a land management plan, d) approval, modification, or continuation of minor, 5 years or less special uses of Nat'l Forest System lands or public lands, e) issuance of a special use authorization for an existing unauthorized use that has not been deemed in trespass f) approval or modification of minor special uses that require less than 20 contiguous acres g) approval of vegetative management plans

 

EXCLUSION FOR GREATER SAGE-GROUSE AND MULE DEER HABITAT

	SENATE BILL Proposed Changes	HOUSE BILL Proposed Changes
	S. 3042, secs.	H.R. 2, secs. 8320
Exclusion:		Categorically excluded from preparation of environmental assessment or an environmental impact statement.
Roads:
Activities Designated for Categorical Exclusion:		a) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation, b) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding, c) removal of cheat grass ,