HR 184
Action Versus No Action Act
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Bill overview
This bill, the Action Versus No Action Act, changes how the Forest Service and Department of the Interior assess environmental impacts for certain forest management activities on public lands. It requires that any environmental assessment or impact statement consider only two alternatives: the proposed forest management activity and no action. When considering ‘no action,’ the agencies must evaluate potential impacts on forest health, wildfire risk, habitat, and other factors, including the effects on water supplies and economic considerations.
Key provisions
- Requires environmental assessments and impact statements to consider only two alternatives: the proposed activity and no action.
- Applies to forest management activities on timber-suitable public lands designated as insect and disease treatment areas.
- Specifically covers activities developed through a collaborative process, proposed by a resource advisory committee, or included in a community wildfire protection plan.
- When considering ‘no action,’ agencies must assess potential impacts on forest health, wildfire risk, habitat, and timber production.
- The ‘no action’ alternative must also consider implications of declining forest health, habitat loss, or infestations.
- Defines ‘collaborative process,’ ‘community wildfire protection plan,’ and ‘resource advisory committee’ for clarity.
- Specifies that the ‘Secretary concerned’ is either the Secretary of Agriculture or the Secretary of the Interior.
Who is affected
- Forest Service
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119th CONGRESS — 1st Session
H. R. 184
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require that only two alternatives be considered with respect to certain proposed collaborative forest management activities, and for other purposes.
This Act may be cited as the Action Versus No Action Act
.
This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest management activity that—
will occur on lands identified as the Secretary concerned as suitable for timber production; and
meets at least one of the following conditions:
The forest management activity will occur on lands designated by the Secretary (or designee thereof) pursuant to section 602(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), notwithstanding whether such forest management activity is initiated prior to the date of enactment of this Act.
The forest management activity is developed through a collaborative process.
In the case of an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives:
The forest management activity.
The alternative of no action.
In the case of the alternative of no action described in subsection (b)(2), the Secretary concerned shall consider whether to evaluate—
the effect of no action on—
forest health;
potential losses of life and property;
habitat diversity;
wildfire potential;
insect and disease potential; and
timber production; and
the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation (given fire and insect and disease historic cycles) on—
potential losses of life and property;
domestic water supply in the project area;
wildlife habitat loss; and
other economic and social factors.
In this section:
The term collaborative process means a process relating to the management of National Forest System lands or public lands by which a project or forest management activity is developed and implemented by the Secretary concerned through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
The term Secretary concerned means—
the Secretary of Agriculture, with respect to National Forest System lands; and
the Secretary of the Interior, with respect to public lands.