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have already fallen and are adding to the surface fuels that can burn at high intensity and kill the sequoia roots. This is
another example of a Giant Sequoia Grove with no recent fire history. Indian Basin Grove is proposed for emergency fuels treatment.
A journalist contacted me and asked about the Region 5 Sequoia Emergency Response letter. This emergency uses 36 CFR 220.4.
(b) Emergency responses. When the responsible official determines that an emergency exists that makes it necessary to take urgently needed actions before preparing a NEPA analysis and any required documentation in accordance with the provisions in §§ 220.5, 220.6, and 220.7 of this part, then the following provisions apply.
(1) The responsible official may take actions necessary to control the immediate impacts of the emergency and are urgently needed to mitigate harm to life, property, or important natural or cultural resources. When taking such actions, the responsible official shall take into account the probable environmental consequences of the emergency action and mitigate foreseeable adverse environmental effects to the extent practical.
(2) If the responsible official proposes emergency actions other than those actions described in paragraph (b)(1) of this section, and such actions are not likely to have significant environmental impacts, the responsible official shall document that determination in an EA and FONSI prepared in accord with these regulations. If the responsible official finds that the nature and scope of proposed emergency actions are such that they must be undertaken prior to preparing any NEPA analysis and documentation associated with a CE or an EA and FONSI, the responsible official shall consult with the Washington Office about alternative arrangements for NEPA compliance. The Chief or Associate Chief of the Forest Service may grant emergency alternative arrangements under NEPA for environmental assessments, findings of no significant impact and categorical exclusions (FSM 1950.41a). Consultation with the Washington Office shall be coordinated through the appropriate regional office.
(3) If the responsible official proposes emergency actions other than those actions described in paragraph (b)(1) of this section and such actions are likely to have significant environmental impacts, then the responsible official shall consult with CEQ, through the appropriate regional office and the Washington Office, about alternative arrangements in accordance with CEQ regulations at 40 CFR 1506.11 as soon as possible.
Here’s a link to a CEQ guidance letter from 2020. I guess I never really got in my head the “immediate threats to valuable natural or cultural resources” angle in addition to “public health or safety”. Seems like Sequoias certainly fill the bill.
Specifically the reporter asked:
1) is there a way to find/track ongoing litigation and results on each forest?
2) Is there anyone who knows the ins and outs of using this legal framework (knowledgeable party without direct interests)
My questions are:
4) (I asked this in the Hazard Tree post, but we can discuss here) how often has this Chief’s authority been used and for what kind of projects?
5) can the use of these different Emergency Responses (Chief or CEQ) be litigated? If so, what is the history on that?
Anyway, here are links to the Sequoia Emergency Response approval letter.. DECISION MEMORANDUM_FOR THE CHIEF_R5_EmergencyResponse_GiantSequoia and below are the recommendations. Photos and more explanation and specifics in this Enclosure_GiantSequoia_EmergencyResponse_withAppendices_July2022 (1)
Approve the proposed emergency response for NEPA compliance under 36 CFR 220.4(b)(2) with associated conditions so that the Sequoia and Sierra National Forests can immediately
implement fuels reduction treatments within 12 Giant Sequoia groves.Proposed Emergency Response:
1. Grant authorization to begin the fuels reduction treatments on approximately 13,377 acres (displayed in attached maps) prior to completion of the documentation of the Categorical
Exclusions (four) and Environmental Assessments and FONSIs (three).2. For the four Categorical Exclusions, exclude the requirement at 36 CFR 220.6(e) to document a decision to proceed with an action in a decision memo for certain Categorical Exclusions.
3. For the three Environmental Assessments and FONSIs, exclude the requirement at 36 CFR 220.7(c) to document a decision to proceed with an action in a Decision Notice if an EA and FONSI have been prepared.
Associated Conditions:
4. Ensure compliance with other laws, such as Endangered Species Act, National Historic Preservation Act, and Clean Water Act are in place before implementation of the fuels treatments.
5. Ensure all required consultations and permitting have been completed before implementation of the emergency fuels treatments. Emergency provisions may be employed where necessary, such as emergency consultation under ESA.
6. Stakeholders will be notified of the approved emergency response.
7. For those projects which have not initiated public or tribal involvement, initiate public scoping and tribal engagement within 45 days of approved emergency response actions. Continue engagement with the Giant Sequoia Working Group and Giant Sequoia Lands Coalition.
8. Monitor the effects of the actions subject to emergency response. Reconsult with my office through the Director of Ecosystem Management Coordination if monitoring reveals effects outside of those disclosed in the ongoing environmental analysis.
9. The intent is to complete the Emergency Response for Emergency Fuels Treatments by the end of 2023, however emergency fuels treatments may occur through 2024. The Pacific Southwest Region will provide regular implementation progress updates. An annual review will be conducted to re-evaluate the need for the emergency response.
10. All other proposed actions in the EAs and CEs which are not part of this