U.S. Code » Title 16 » Chapter CHAPTER 84— HEALTHY FOREST RESTORATION › Subchapter SUBCHAPTER VI— MISCELLANEOUS

16 U.S.C. § 6591a

Designation of treatment areas

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(a) Definition of declining forest healthIn this section, the term “declining forest health” means a forest that is experiencing—(1) substantially increased tree mortality due to insect or disease infestation; or(2) dieback due to infestation or defoliation by insects or disease.(b) Designation of treatment areas(1) Initial areas

Not later than 60 days after February 7, 2014, the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more landscape-scale areas, such as subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey), in at least 1 national forest in each State that is experiencing an insect or disease epidemic.

(2) Additional areas

After the end of the 60-day period described in paragraph (1), the Secretary may designate additional landscape-scale areas under this section as needed to address insect or disease threats.

(c) RequirementsTo be designated a landscape-scale area under subsection (b), the area shall be—(1) experiencing declining forest health, based on annual forest health surveys conducted by the Secretary;(2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or(3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.(d) Treatment of areas(1) In generalThe Secretary may carry out priority projects on Federal land in the areas designated under subsection (b)—(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or(B) to reduce hazardous fuels.(2) Authority

Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2023, may be carried out in accordance with subsections (b), (c), and (d) of section 6512 of this title, and sections 6514, 6515, and 6516 of this title.

(3) Effect

Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2).

(4) Report(A) In generalIn accordance with the schedule described in subparagraph (B), the Secretary shall issue 2 reports on actions taken to carry out this subsection, including—(i) an evaluation of the progress towards project goals; and(ii) recommendations for modifications to the projects and management treatments.(B) ScheduleThe Secretary shall—(i) not earlier than September 30, 2018, issue the initial report under subparagraph (A); and(ii) not earlier than September 30, 2024, issue the second report under that subparagraph.(e) Tree retention

The Secretary shall carry out projects under subsection (d) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease.

(Pub. L. 108–148, title VI, § 602, as added Pub. L. 113–79, title VIII, § 8204, Feb. 7, 2014, 128 Stat. 915; amended Pub. L. 115–334, title VIII, §§ 8407(b), 8408, Dec. 20, 2018, 132 Stat. 4846, 4847.)Editorial NotesCodification

The authorities provided by each provision of, and each amendment made by, Pub. L. 115–334, as in effect on Sept. 30, 2023, to continue, and authorities to be carried out, until the later of Sept. 30, 2024, or the date specified in the provision of, or amendment made by, Pub. L. 115–334, see section 102(a) of Pub. L. 118–22, set out in an Extension of Agricultural Programs note under section 9001 of Title 7, Agriculture.

Amendments

2018—Subsec. (d)(1). Pub. L. 115–334, § 8407(b)(1), substituted “subsection (b)—” and subpars. (A) and (B) for “subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.”

Subsec. (d)(2). Pub. L. 115–334, § 8407(b)(2), substituted “2023” for “2018”.

Subsec. (f). Pub. L. 115–334, § 8408, struck out subsec. (f). Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2024.”

Notes of Decisions
Cited in 7 cases, 2017–2020 · leading case: Ctr. for Bio Diversity v. Eli Ilano, 928 F.3d 774 (9th Cir. 2019).
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Ctr. for Bio Diversity v. Eli Ilano, 928 F.3d 774 (9th Cir. 2019). · cites it 7× “” 16 U.S.C. §§ 6591a, 6591b. The panel held that the Forest Service’s designation of 5.”
Native Ecosystems Council v. Erickson, 330 F. Supp. 3d 1218 (D. Mont. 2018). · cites it 3× “113-79 ; 16 U.S.C. §§ 6591a, 6591b. The amendment provided a 60-day period within which the Secretary, "if requested by the Governor of the State," was required to "designate as part of an insect and disease treatment program 1 or more landscape-scale areas .”
Ctr. for Biological Diversity v. Ilano, 261 F. Supp. 3d 1063 (E.D. Cal. 2017). · cites it 4× “16 U.S.C. § 6591a. The second step is the approval of treatment projects within the landscape-scale areas.”
Wild Watershed v. Hurlocker, 961 F.3d 1119 (10th Cir. 2020). · cites it 2× “See 16 U.S.C. § 6591a–b. It contemplates a two-step process for approving such projects.”
Friends of Rapid River v. Probert (D. Idaho 2019). “16 U.S.C. § 6591a(e). Put simply, for purpose of ensuring the viability of old-growth species consistent with forest plan standards, the Forest Service needs to maximize the retention of the highest priority old- growth stands in the project area.”
All. for the Wild Rockies v. Marten (D. Mont. 2020). “649 , 915-18 (codified at 16 U.S.C. §§ 6591a, 6591b). Under the amendments, the Forest Service can designate “landscape-scale areas” that are threatened by insects or disease.”
Friends of Bitterroot v. Anderson (D. Mont. 2020). “ntiffs complain that: (1) the Project violates the NFMA, NEPA, and APA by defining “old growth” in a manner contrary to the more protective definition found within the Bitterroot Forest Plan; (2) the Project’s amendment of the Bitterroot Forest Plan eliminates or alters various…”
— 16 U.S.C. § 6591a(b)(1) — 1 case
Native Ecosystems Council v. Erickson, 330 F. Supp. 3d 1218 (D. Mont. 2018). “113-79 ; 16 U.S.C. §§ 6591a, 6591b. The amendment provided a 60-day period within which the Secretary, "if requested by the Governor of the State," was required to "designate as part of an insect and disease treatment program 1 or more landscape-scale areas .”
— 16 U.S.C. § 6591a(c) — 1 case
Native Ecosystems Council v. Erickson, 330 F. Supp. 3d 1218 (D. Mont. 2018). “113-79 ; 16 U.S.C. §§ 6591a, 6591b. The amendment provided a 60-day period within which the Secretary, "if requested by the Governor of the State," was required to "designate as part of an insect and disease treatment program 1 or more landscape-scale areas .”
— 16 U.S.C. § 6591a(c)(1) — 1 case
Ctr. for Bio Diversity v. Eli Ilano, 928 F.3d 774 (9th Cir. 2019). “” 16 U.S.C. §§ 6591a, 6591b. The panel held that the Forest Service’s designation of 5.”
— 16 U.S.C. § 6591a(d) — 1 case
Friends of Bitterroot v. Anderson (D. Mont. 2020). “ntiffs complain that: (1) the Project violates the NFMA, NEPA, and APA by defining “old growth” in a manner contrary to the more protective definition found within the Bitterroot Forest Plan; (2) the Project’s amendment of the Bitterroot Forest Plan eliminates or alters various…”
— 16 U.S.C. § 6591a(d)(1) — 2 cases
Ctr. for Bio Diversity v. Eli Ilano, 928 F.3d 774 (9th Cir. 2019). “” 16 U.S.C. §§ 6591a, 6591b. The panel held that the Forest Service’s designation of 5.”
Ctr. for Biological Diversity v. Ilano, 261 F. Supp. 3d 1063 (E.D. Cal. 2017). “16 U.S.C. § 6591a. The second step is the approval of treatment projects within the landscape-scale areas.”
— 16 U.S.C. § 6591a(e) — 1 case
Friends of Rapid River v. Probert (D. Idaho 2019). “16 U.S.C. § 6591a(e). Put simply, for purpose of ensuring the viability of old-growth species consistent with forest plan standards, the Forest Service needs to maximize the retention of the highest priority old- growth stands in the project area.”
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