Projects on National Park Service (NPS) Lands in Marin County

2024070771

Marin Wildfire Prevention Authority (MWPA)

NOE - Notice of Exemption

7/19/2024

7/19/2024

Mark Brown

Marin Wildfire Prevention Authority

Executive Officer

Lead/Public Agency

1600 Los Gamos Drive, Suite 345
Sausalito, CA 94903

(415) 246-0280

mbrown@marinwildfire.org

Treatment activities could be completed on NPS lands throughout Marin County within the following areas subsequent to NPS NEPA adequacy review and approval: Tamalpais Valley/Homestead Fuel Break Project; Sausalito Fuel Break Project; Marin City Fuel Reduction Zone Project; Highway 1 Evacuation Corridor Project. Additionally, the Project work area would include lands up to 100 feet from the edge of evacuation routes that intersect or are adjacent to NPS lands, up to 20 feet from the edge of fire roads that intersect NPS lands, and up to 300 feet from structures located at the periphery of communities adjacent to undeveloped NPS lands.

Statutory Exemption

Senate Bill 901, Public Resources Code Section 4799.05 (d)(1)

The proposed project is statutorily exempt from the California Environmental Quality Act (CEQA) in accordance with the provisions of Senate Bill (SB) 901. Public Resources Code Section 4799.05 states: “(d) (1) Division 13 (commencing with Section 21000 [CEQA]) does not apply to prescribed fire, thinning, or fuel reduction projects undertaken on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321) if either of the following is satisfied: (A) The primary role of a state or local agency is providing funding or staffing for those projects. (B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79. (2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1). (3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations. (4) Commencing December 31, 2019, and annually thereafter, the department shall report to the relevant policy committees of the Legislature the number of times the process in this subdivision was used. (5) (A) This subdivision shall remain operative only if the Secretary of the Natural Resources Agency certifies on or before January 1 of each year that the National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California have not been substantially amended on or after August 31, 2018. (B) Any CEQA exemption established under this subdivision shall continue in effect for those projects conducted under a National Environmental Policy Act record of decision, finding of no significant impact, or notice of exemption or exclusion that was issued prior to the date by which the Secretary determines that the National Environmental Policy Act or federal forest management laws were substantially amended. (6) This subdivision shall become inoperative on January 1, 2028.” In preparation for each upcoming fiscal year, Marin Wildfire and member agencies will identify targeted project areas that overlap with NPS lands. Based on the priority of targeted project treatment areas, project(s) will be identified to be processed through the NPS annual planning as part of their overall FMP project areas. In accordance with Sections 2.2 and 3.6 of the 2015 NPS NEPA Handbook, individual future projects will be reviewed to determine that the requirements are satisfied for a Memorandum to File. Individual projects will be reviewed by the appropriate NPS Interdisciplinary Team (IDT). The IDT will make a determination whether the proposed project(s) would involve manual and mechanical treatments to reduce fuel loading near developed areas and falls within the annual allowable acres to be treated. The IDT will then determine whether there are substantive differences between the current proposal and the selected action as described in the relevant FMP FEISs/RODs. The approved Memorandum to File will confirm that each targeted project treatment area is within the scope of the FMPs EISs. The project(s) proposed would reduce the risk of high-severity wildfire on federal lands in accordance with the intent of SB 901. Only those projects for which the scope is found to be consistent with a fuel reduction and thinning project on federal land for which review under NEPA was already conducted will be permitted to proceed into implementation through close coordination with NPS staff.