covered vegetation management activity

(1) Covered vegetation management activity (A) In general The term “covered vegetation management activity” means any activity described in subparagraph (B) that— (i) (I) is carried out on National Forest System land administered by the Forest Service; or (II) is carried out on public land administered by the Bureau of Land Management; (ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015 ; (iii) conforms to an applicable forest plan or land use plan; (iv) protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in— (I) Circular 1416 of the United States Geological Survey entitled “Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat—Part 1. Concepts for Understanding and Applying Restoration” (2015); or (II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies; (v) will not permanently impair— (I) the natural state of the treated area; (II) outstanding opportunities for solitude; (III) outstanding opportunities for primitive, unconfined recreation; (IV) economic opportunities consistent with multiple-use management; or (V) the identified values of a unit of the National Landscape Conservation System; (vi) (I) restores native vegetation following a natural disturbance; (II) prevents the expansion into greater sage-grouse or mule deer habitat of— (aa) juniper, pinyon pine, or other associated conifers; or (bb) nonnative or invasive vegetation; (III) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or (IV) provides emergency stabilization of soil resources after a natural disturbance; and (vii) provides for the conduct of restoration treatments that— (I) maximize the retention of old-growth and large trees, as appropriate for the forest type; (II) consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; (III) are developed and implemented through a collaborative process that— (aa) includes multiple interested persons representing diverse interests; and (bb) (AA) is transparent and nonexclusive; or (BB) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 7125 of this title ; and (IV) may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 7303(b) of this title . (B) Description of activities An activity referred to in subparagraph (A) is— (i) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation; (ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding; (iii) removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation; (iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method; (v) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization; (vi) targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans; (vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds; (viii) temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met; (ix) in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary concerned to achieve restoration treatment objectives; (x) installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or (xi) necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads to accomplish the activities described in this subparagraph. (C) Exclusions The term “covered vegetation management activity” does not include— (i) any activity conducted in a wilderness area or wilderness study area; (ii) any activity for the construction of a permanent road or permanent trail; (iii) any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (iv) any activity conducted in an area in which activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or (v) any activity conducted in an inventoried roadless area.

Source

16 USC § 6591e(a)(1)


Scoping language

in this subparagraph
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