PUBLIC LAW 108–148—DEC. 3, 2003
117 STAT. 1897
to conduct authorized hazardous fuel reduction projects on land described in section 102(a)(4). (C) WILDLAND-URBAN INTERFACE.—In the case of an authorized hazardous fuel reduction project for which a decision notice is issued during the 1-year period beginning on the date of enactment of this Act, the Secretary shall use existing definitions of the term ‘‘wildland-urban interface’’ rather than the definition of that term provided under section 101. (2) NON-FEDERAL LAND.— (A) IN GENERAL.—In providing financial assistance under any provision of law for hazardous fuel reduction projects on non-Federal land, the Secretary shall consider recommendations made by at-risk communities that have developed community wildfire protection plans. (B) PRIORITY.—In allocating funding under this paragraph, the Secretary should, to the maximum extent practicable, give priority to communities that have adopted a community wildfire protection plan or have taken proactive measures to encourage willing property owners to reduce fire risk on private property. SEC. 104. ENVIRONMENTAL ANALYSIS.
16 USC 6514.
(a) AUTHORIZED HAZARDOUS FUEL REDUCTION PROJECTS.— Except as otherwise provided in this title, the Secretary shall conduct authorized hazardous fuel reduction projects in accordance with— (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.); and (2) other applicable laws. (b) ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL IMPACT STATEMENT.—The Secretary shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each authorized hazardous fuel reduction project. (c) CONSIDERATION OF ALTERNATIVES.— (1) IN GENERAL.—Except as provided in subsection (d), in the environmental assessment or environmental impact statement prepared under subsection (b), the Secretary shall study, develop, and describe— (A) the proposed agency action; (B) the alternative of no action; and (C) an additional action alternative, if the additional alternative— (i) is proposed during scoping or the collaborative process under subsection (f); and (ii) meets the purpose and need of the project, in accordance with regulations promulgated by the Council on Environmental Quality. (2) MULTIPLE ADDITIONAL ALTERNATIVES.—If more than 1 additional alternative is proposed under paragraph (1)(C), the Secretary shall— (A) select which additional alternative to consider, which is a choice that is in the sole discretion of the Secretary; and (B) provide a written record describing the reasons for the selection.
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