Page:United States Statutes at Large Volume 117.djvu/1929

 117 STAT. 1910

PUBLIC LAW 108–148—DEC. 3, 2003 (b) COOPERATION AND ASSISTANCE.—The Secretary shall— (1) establish and carry out the program in cooperation with— (A) scientists from colleges and universities (including forestry schools, land grant colleges and universities, and 1890 Institutions); (B) Federal, State, and local agencies; and (C) private and industrial landowners; and (2) designate such colleges and universities to assist in carrying out the program.

16 USC 6554.

SEC. 404. APPLIED SILVICULTURAL ASSESSMENTS.

(a) ASSESSMENT EFFORTS.—For information gathering and research purposes, the Secretary may conduct applied silvicultural assessments on Federal land that the Secretary determines is at risk of infestation by, or is infested with, forest-damaging insects. (b) LIMITATIONS.— (1) EXCLUSION OF CERTAIN AREAS.—Subsection (a) does not apply to— (A) a component of the National Wilderness Preservation System; (B) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (C) a congressionally-designated wilderness study area; or (D) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan. (2) CERTAIN TREATMENT PROHIBITED.—Nothing in subsection (a) authorizes the application of insecticides in municipal watersheds or associated riparian areas. (3) PEER REVIEW.— (A) IN GENERAL.—Before being carried out, each applied silvicultural assessment under this title shall be peer reviewed by scientific experts selected by the Secretary, which shall include non-Federal experts. (B) EXISTING PEER REVIEW PROCESSES.—The Secretary may use existing peer review processes to the extent the processes comply with subparagraph (A). (c) PUBLIC NOTICE AND COMMENT.— (1) PUBLIC NOTICE.—The Secretary shall provide notice of each applied silvicultural assessment proposed to be carried out under this section. (2) PUBLIC COMMENT.—The Secretary shall provide an opportunity for public comment before carrying out an applied silviculture assessment under this section. (d) CATEGORICAL EXCLUSION.— (1) IN GENERAL.—Applied silvicultural assessment and research treatments carried out under this section on not more than 1,000 acres for an assessment or treatment may be categorically excluded from documentation in an environmental impact statement and environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

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