H.R. 8688

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8688 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8688

To codify the categorical exclusion proposed in the National 
Environmental Policy Act Implementing Procedures for the Bureau of Land 
Management related to tree density modification published on April 6, 
2026.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 7, 2026

Mr. Hurd of Colorado (for himself and Mr. Newhouse) introduced the 
following bill; which was referred to the Committee on Natural 
Resources

_______________________________________________________________________

A BILL

To codify the categorical exclusion proposed in the National 
Environmental Policy Act Implementing Procedures for the Bureau of Land 
Management related to tree density modification published on April 6, 
2026.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Forest Health and Wildfire Risk 
Reduction Act''.

SEC. 2. CODIFICATION OF CATEGORICAL EXCLUSION.

(a) In General.--Tree density modification activities described in 
subsection (b) are a category of actions hereby designated as being 
categorically excluded from the preparation of an environmental 
assessment or an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Tree Density Modification Activities Designated for Categorical 
Exclusion.--
(1) Conditions.--The tree density modification activities 
designated under this section for categorical exclusion are 
covered actions carried out within a treatment area of less 
than 5,000 acres.
(2) Exclusion.--The categorical exclusion provided for 
under subsection (a) does not apply to--
(A) silvicultural methods that are intended to 
regenerate whole stands, such as even-aged regeneration 
harvest, clearcutting, or variable retention harvest; 
or
(B) vegetation management intended to convert 
forest or woodlands to non-forest vegetation cover.
(3) Limitations on actions.--In addition to the covered 
actions under paragraph (1), tree density modification 
activities to which the categorical exclusion under this 
section applies--
(A) may include construction of up to 5 miles of 
new permanent road to facilitate covered actions, 
provided that all segments conform to applicable land 
use planning decisions with route-specific designations 
disclosed where travel management planning has been 
completed;
(B) may include maintenance and renovation of 
existing roads as needed;
(C) may include construction of temporary roads not 
to exceed a ratio of 2.5 miles per 1,000 acres of 
treatment area as needed, provided that the temporary 
roads--
(i) are not part of the permanent 
transportation system of the Bureau;
(ii) are designed to standards appropriate 
for their intended use (safety, erosion 
control, sedimentation prevention, and resource 
protection);
(iii) are not needed for long-term resource 
management; and
(iv) are decommissioned and stabilized 
after use to minimize erosion and protect water 
quality; and
(D) require the disclosure of design features, in 
documentation of finding that an action is excluded 
pursuant to the use of this categorical exclusion, that 
address the following resource considerations 
consistent with applicable land use plan decisions, or, 
where no plan requirements apply, specify how the 
following resource considerations are addressed:
(i) Snag and downed wood--amount to be 
created or retained.
(ii) Erosion control--specifications or 
measures (e.g., water bars, dispersed slash).
(iii) Soil compaction--criteria for 
avoidance, minimization, or remediation.
(iv) Logging systems--types and scope of 
constraints (e.g., seasonal, location, extent, 
etc.).
(v) Seasonal operations--purpose and extent 
of operating restrictions.
(vi) Invasive species--measures to prevent 
or limit spread.
(vii) Riparian areas--buffer widths and/or 
operating restrictions.
(viii) Prescribed fire--operating 
constraints for underburning or pile burning.
(ix) Temporary roads--decommissioning 
standards.
(c) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land 
Management.
(2) Covered actions.--The term ``covered actions'' means 
one or more of the following actions:
(A) Cutting, yarding, and the use of landings and 
skid trails to facilitate the removal of commercial and 
non-commercial trees.
(B) Chipping, grinding, or removal of residual 
slash.
(C) Group selection silvicultural treatment to 
promote regeneration of shade intolerant species and 
early successional habitat in an uneven-aged context 
not to exceed 2-acre individual patches and 10 percent 
of the treatment area (group selection openings will 
retain overstory legacy elements consistent with the 
applicable land use plan (for example, large fire 
resilient trees, snags)).
(D) Pile burning or underburning of fuels created 
by covered actions described in clauses (i) through 
(iii) and fuels within or in close proximity to those 
actions' treatment boundaries whether created by those 
actions or not.
(E) Seeding or planting necessary to accelerate 
native species re-establishment.
(3) Group selection.--The term ``group selection'' means an 
uneven-aged harvest method where groups of trees are removed to 
promote spatial heterogeneity, regeneration of desired tree 
species, or the establishment of new cohorts.
(4) Permanent road.--The term ``permanent road'' means a 
road constructed or reconstructed and managed as part of the 
permanent transportation system of the Bureau.
(5) Temporary road.--The term ``temporary road'' means a 
road authorized by contract, permit, lease, written 
authorization, or emergency operation, not added to the 
permanent transportation system of the Bureau, and 
decommissioned after use.
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