H.R. 7578 — TORCH Act

This section directs the Secretary of Agriculture to develop, not later than one year after enactment, a categorical exclusion under the National Environmental Policy Act of 1969 (NEPA) for high-priority hazard tree activities on National Forest System lands, while complying with NEPA and applying extraordinary circumstances procedures. Such projects are limited to 3,000 acres. High-priority hazard trees are standing trees determined by the Secretary to pose a visible hazard to people or property due to deterioration, damage, or lean; likely to fail and cause injury or damage; and located within 300 feet of a National Forest System road (maintenance level 3, 4, or 5), trail, or developed recreation site operated and maintained by the Secretary. High-priority hazard tree activities are forest management actions to mitigate such risks (i.e., pruning, felling, and disposal) but exclude activities in wilderness or wilderness study areas; permanent road or trail construction; congressionally or presidentially restricted lands; areas inconsistent with applicable land and resource management plans; or inventoried roadless areas.

This section amends timber sale requirements under the National Forest Management Act of 1976 by (1) increasing the appraised value threshold below which the Secretary of Agriculture need not advertise sales to $50,000 (from $10,000); and (2) authorizing the Secretary, without appraisal and under prescribed regulations, to dispose of (by sale or otherwise) trees or forest products on National Forest System lands facing extreme risks, including catastrophic wildfire, insect or disease outbreak, wind, hurricane, flood, or drought, or to avoid adverse effects from such events. (Thus, this facilitates expedited removal of hazardous material for risk mitigation.)

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

This section amends the Healthy Forests Restoration Act of 2003 (1) to extend the promotion of cross-boundary wildfire mitigation through 2030 (from 2023); and (2) to increase the maximum size of wildfire resilience projects to 10,000 acres (from 3,000 acres).

This section expands the Good Neighbor Authority to expressly include Indian tribes, alongside governors and counties, as parties eligible to carry out authorized restoration services (i.e., hazardous fuels reduction, insect and disease treatment, and other forest, rangeland, and watershed health activities) on federal lands (e.g., National Forest System land, public domain land, national parks, and wildlife refuges, excluding wilderness areas and similar), non-federal lands, and tribal lands pursuant to good neighbor agreements. (As background, the authority enables the Secretaries of Agriculture and the Interior to enter such agreements authorizing non-federal parties to perform restoration on federal lands using stewardship contracting flexibilities.) It further (1) revises the treatment of timber sale revenues by requiring that funds received by a governor, Indian tribe, or county from such sales under a good neighbor agreement be retained and used by that party for authorized restoration services under the agreement and, if funds remain, under other good neighbor agreements (replacing prior clause (b)(2)(C)(i) and striking paragraph (b)(4)); and (2) makes conforming insertions of "Indian tribe" in additional provisions, while striking "or Indian tribe" from the good neighbor agreement definition. The amendments apply to projects initiated under good neighbor agreements entered into on or after the date of enactment or, for agreements entered before enactment, initiated after December 20, 2018 (enactment of the Agriculture Improvement Act of 2018).

This section revises hazard tree definitions, consultation requirements, and plan approval timelines for vegetation management guidance on electric transmission and distribution rights-of-way on public lands and National Forest System lands under §512 of the Federal Land Policy and Management Act of 1976 (FLPMA). Specifically, it (1) expands the distance threshold in the hazard tree definition to trees likely to come within 50 feet of an electric power line if failed (from 10 feet); (2) requires the Secretary concerned to consult with private landowners regarding hazard trees identified for removal on their land; and (3) provides for automatic approval of vegetation management plans 60 days after review if submitted without modification or 67 days after review if submitted with modification. (Thus, the changes broaden the scope of preemptively removable hazard trees, incorporate private landowner input, and expedite plan approvals to enhance electric grid reliability and reduce wildfire risks.)

This section establishes a categorical exclusion from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 for forest management activities on National Forest System lands and public lands involving (1) the development and approval of vegetation management, facility inspection, and operation and maintenance plans submitted by electric utility right-of-way holders under Section 512(c)(1) of the Federal Land Policy and Management Act of 1976 (FLPMA); and (2) implementation of routine activities under such plans. These activities exclude any conducted in a National Wilderness Preservation System component or on lands where Congress restricts or prohibits vegetation removal. The categorical exclusion applies on and after enactment; is not subject to extraordinary circumstances review under agency regulations; prohibits establishment of permanent roads (while allowing maintenance of existing permanent roads and requiring decommissioning of any temporary roads within three years of activity completion); and exempts covered activities from Section 7 consultation under the Endangered Species Act of 1973 (ESA) (i.e., the requirement that federal agencies ensure actions are not likely to jeopardize listed endangered or threatened species or adversely modify designated critical habitat), Section 106 of the National Historic Preservation Act, and any other applicable law. (Thus, the Secretaries of Agriculture (for National Forest System lands) and the Interior (for public lands) may approve and implement such plans and activities without ESA consultation, NEPA analysis, historic preservation review, or compliance with other environmental laws.)

This section authorizes the Secretary of Agriculture, in special use permits or easements on National Forest System lands provided to electric utility companies (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. (1) If the electric utility sells any removed material, it must provide the proceeds to the Secretary (acting through the Chief of the Forest Service), less transportation costs incurred in the sale. (2) Nothing requires the sale of such material.

This section exempts land management plans of the Forest Service—approved, amended, or revised under the Forest and Rangeland Renewable Resources Planning Act of 1974—and land use plans of the Bureau of Land Management—approved, amended, or revised under the Federal Land Policy and Management Act of 1976—from reinitiating consultation under ESA §7(a)(2) (16 U.S.C. 1536(a)(2)) or 50 C.F.R. §402.16 (or successor regulations). (As background, ESA §7(a)(2) requires federal agencies to ensure their actions are not likely to jeopardize listed endangered or threatened species or adversely modify their critical habitat, using the best available scientific data; current regulations at 50 C.F.R. §402.16 require reinitiation of prior consultation if new species listings, critical habitat designations, or information reveal previously unconsidered effects.) (Thus, such plans remain in effect without further consultation triggered by these events.)