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Agricultural Act of 2014Title VIII- Forestry

Section 8204- Insect and Disease Infestation

Jim SmallsNEPA Specialist, WO

202-205-1475

Farm Bill

October 3, 2014

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Content

Overview

Project Purpose

Landscape Scale Designations

NEPA Provisions (HFRA EA/EIS, CE)

Key Points

Questions

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Overview

Farm Bill- Section 8204 amends HFRA, by adding sections 602 and 603 to HFRA’s Title VI.

Has requirements for designating I&D landscape scale areas and new NEPA provisions.

Gave Governors ability to request initial areas within 60 days of passage of the Farm Bill.

Chief was delegated authority from the Secretary to designate landscape scale areas.

Other landscape scale areas may be recommended to and designated by the Chief.

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Overview

Allows for the use of HFRA EA/EIS provisions.

Creates a new statutory Categorical Exclusion (CE: 32.3(3)).

Collaboration important in developing and implementing projects.

Congressional reporting requirements part of bill.

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Section 602(d)(1): Purpose of Projects

Projects must reduce the risk or extent of, or increase the resilience to, insect or disease infestation in designated landscape area.

Possible projects:

Pesticide application

Commercial/noncommercial timber cutting

Prescribe burn

NNIS? (some)

Other activities?

Designation Process

The Chief considered designation criteria in section 602(C):(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…

…and excluded Wilderness areas.

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Designation Process Continued

Forest Health provided data for first two criteria:

(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.

http://www.fs.fed.us/foresthealth/technology/nidrm.shtml

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Designations continued:

Information for third criteria provided by forests. (3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety.

Did not consider project limitations such as WUI, condition classes, fire regime groups.

Almost 46 million acres designated.

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Collaboration

EJ Executive Order

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NEPA Provisions

Both Sections 602 and 603 contain NEPA provisions:

Section 602- HFRA EA/EIS

Section 603- New CE

Section 602(d)(2)- HFRA EA/EIS

…may be carried out in accordance with subsections (b), (c), and (d) of section 102, and sections 104, 105, and 106… of HFRA.

Section 102

(b) comply with forest plan

(c) acreage limitations

(d) excluded areas

Section 104 environmental analysis

Section 105 special administrative review process

Section 106 judicial review

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Section 602(d)(2)- HFRA EA/EIS

This authority is temporary:

Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2018…

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Section 603(a) creates new CE

Section 603(a)(1): Categorical Exclusion

Section 603(a)(2): Exempt from section 105.

Collaborative Restoration ProjectSection 603(b)(1) and (2)

Projects will:

Maximize retention of old growth Consider best available science Be developed and implemented through

collaborative process that- Includes multiple interested persons

representing diverse interests; and is transparent and nonexclusive; or meets RAC requirements subsection c through

f of section 205 of SRS; or is part of a CFLRP proposal.

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Collaboration

Resources NFF: A Roadmap for Collaboration Before, During, and After

the NEPA Process CEQ: Collaboration in NEPA- A Handbook for NEPA Practitioners

Points from R1 Collaborative Template Did the responsible official identify and involve relevant

stakeholders early in the process? Is there a strategy to conduct a non-exclusive and transparent

collaboration process? Is there a plan to develop and implement the project as part of

the collaborative effort?   The Department has clarified in their expectations that

responsible officials shall not ask the group for a consensus decision.

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Section 603(c)-Project Limitations

Limited to 3,000 acres.

Has to be in WUI or condition classes 2 or 3 in fire regime groups 1, 2, or 3 outside of the WUI.

No permanent road construction and all temp roads have to be decommissioned no later than 3 years after completion of project.

Road maintenance and repairs are allowed.

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Section 603(d) Exclusions Projects can not be in wilderness or

wilderness study areas.

Any federal land congress or the president excluded or restricted the removal of vegetation.

Section 603(f) Public Notice and Scoping

Section 603(e) Forest Management Plans Projects must be consistent with Forest

Plans.

Public notice and scoping will be conducted for projects.

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Key Points

Congress gave us new definitions and tools to help us.

Need to be strategic when planning Farm Bill type projects into your POW. (HFRA EA/EIS, CE)

Collaboration is a key component of Farm Bill NEPA provisions.

Collaboration does not have to be complex- line officer driven.

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Key Points

High probability more requests for designation of landscape areas will be received in Chief’s office and reviewed this fall.

Projects must be in designated areas if utilizing section 602 or section 603 provisions.

When carrying out projects in designated areas you do not have to utilize section 602 or section 603 provisions.

Projects are being monitored at the national level through at least the first quarter of FY16.

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Questions?