H.R. 168 — TORCH Act

This section directs the Secretary of Agriculture to develop a categorical exclusion under the National Environmental Policy Act of 1969 for high priority hazard tree activities on National Forest System lands, not later than one year after enactment of this section. (A high-priority hazard tree is a standing tree presenting a visible hazard to people or federal property that is highly likely to fail and cause injury or damage, located within 300 feet of a National Forest System road (maintenance level 3, 4, or 5), trail, or developed recreation site; high priority hazard tree activities include pruning, felling, and disposal to mitigate such risks.) The categorical exclusion requires compliance with NEPA and application of extraordinary circumstances procedures (36 C.F.R. § 220.6 or successor), limits projects to 3,000 acres, and excludes activities in wilderness or wilderness study areas, for permanent road or trail construction, on congressionally or presidentially restricted lands, inconsistent with land management plans, or in inventoried roadless areas. (Thus, the exclusion streamlines environmental review to expedite removal of hazardous trees near infrastructure while preserving protections for sensitive areas.)

This section amends timber sale requirements for National Forest System lands under the National Forest Management Act of 1976 by (1) increasing the appraised value threshold below which sales need not be advertised to $50,000 (from $10,000); and (2) authorizing the Secretary of Agriculture, in the event of extreme risks—including catastrophic wildfire, insect and disease outbreak, wind, hurricane, flood, or drought, or to avoid impacts from such events—to dispose of trees or forest products by sale or otherwise without an appraisal, under rules prescribed by the Secretary. (Thus, this expedites removal of hazardous materials to mitigate risks.)

This section directs the Secretary of Agriculture, acting through the Chief of the U.S. Forest Service and in coordination with holders of grazing permits on federal lands, to develop a strategy to increase use of livestock grazing as a wildfire risk reduction tool, including (1) completing National Environmental Policy Act reviews to allow grazing on vacant allotments during droughts, wildfires, or other natural disasters that disrupt permitted grazing; (2) targeted grazing; (3) increased use of temporary permits for fuels reduction and invasive annual grass control; (4) expanded postfire recovery and restoration via grazing, where appropriate; and (5) use of all applicable legal authorities.

This section amends the Healthy Forests Restoration Act of 2003 (HFRA) by (1) extending priority for cross-boundary wildfire mitigation in authorized hazardous fuel reduction projects through 2030 (from 2023) and (2) increasing the maximum size of wildfire resilience projects eligible for categorical exclusion under the National Environmental Policy Act to 10,000 acres (from 3,000 acres). (Wildfire resilience projects are mechanical fuel treatments on National Forest System lands designed to reduce the risk of catastrophic wildfire effects.)

This section modifies the good neighbor authority by (1) including Indian tribes alongside governors and counties as eligible parties to enter good neighbor agreements and carry out authorized restoration services on federal land (e.g., National Forest System land, public lands, National Park System land, and National Wildlife Refuge land, excluding wilderness areas and similar), non-federal land, and tribal land; and (2) revising the treatment of revenues from timber sales under such agreements to allow the governor, Indian tribe, or county conducting the sale to retain and use the funds for authorized restoration services (i.e., treating insect- and disease-infested trees, reducing hazardous fuels, or other activities to improve forest, rangeland, and watershed health) under that agreement and, for any remaining funds, under other good neighbor agreements. (As background, the good neighbor authority enables the Secretaries of Agriculture and the Interior to partner with states and localities to conduct such restoration services.) The amendments also strike certain prior provisions, including language in subsection (a)(6) and paragraph (b)(4), and apply to qualifying projects initiated after enactment of the Agriculture Improvement Act of 2018 or on or after enactment of this Act.

This section amends Section 512 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1772), which authorizes the Secretaries of the Interior (for public lands) and Agriculture (for National Forest System lands) to approve utility vegetation management plans for electric transmission and distribution rights-of-way to enhance grid reliability, public safety, and wildfire prevention, as follows: (1) revises the definition of "hazard tree" to include any tree or part thereof likely to come within 50 feet (from 10 feet) of an electric power line if it fails; (2) requires the Secretaries, in developing guidance, to consult with private landowners regarding any hazard trees identified for removal from such private lands; and (3) establishes automatic approval of submitted plans 60 days after review if no modification is required under the guidance or 67 days after review if a modification is required.

This section establishes a categorical exclusion from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) for specified forest management activities on National Forest System lands and public lands (i.e., development and approval of a vegetation management, facility inspection, and operation and maintenance plan submitted under section 512(c)(1) of the Federal Land Policy and Management Act of 1976; and implementation of routine activities under such a plan). The exclusion is available on and after the date of enactment, applies without regard to extraordinary circumstances procedures under agency regulations, and excludes activities in components of the National Wilderness Preservation System or on lands where vegetation removal is restricted or prohibited by Congress. Such activities (1) prohibit establishment of permanent roads but allow maintenance on existing permanent roads and require decommissioning of any temporary roads within three years after completion; and (2) are not subject to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), section 106 of the National Historic Preservation Act, or any other applicable law. (Thus, the Secretaries of Agriculture and the Interior—referred to as the Secretary concerned—may approve plans and conduct vegetation management along electric utility rights-of-way without NEPA analysis, Endangered Species Act consultation, or other reviews.)

This section authorizes the Secretary of Agriculture, in special use permits or easements on National Forest System lands provided to an electric utility company (as defined in 42 U.S.C. 16451), to permit the cutting and removal of trees or other vegetation—including hazardous vegetation that increases fire risk—within the vicinity of distribution or transmission lines without requiring a separate timber sale, if consistent with the applicable land management plan. Such permits or easements must require the electric utility, if it sells any removed material, to pay the proceeds to the Secretary (acting through the Chief of the Forest Service), less any transportation costs incurred in the sale. This section does not require the sale of any such material.

This section amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to prohibit reinitiation of consultation under section 7(a)(2) of the Endangered Species Act of 1973 (ESA) or 50 CFR 402.16 (or successor regulation) for Forest Service land management plans approved, amended, or revised under that act when (1) a new species is listed or critical habitat is designated under the ESA, or (2) new information reveals effects on listed species or critical habitat not previously considered. It makes a parallel amendment to the Federal Land Policy and Management Act of 1976 for Bureau of Land Management land use plans. (As background, ESA section 7(a)(2) requires federal agencies to consult with the Fish and Wildlife Service or National Marine Fisheries Service to ensure agency actions do not jeopardize listed species or adversely modify critical habitat, with reinitiation required for changed circumstances including new information; thus, these plans are exempt from such reconsultation for the specified triggers.)