Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior, with respect to public lands under their respective jurisdictions, to ensure that existing and future authorizations of rights-of-way and easements for electrical transmission and distribution facilities (facilities) on such lands include provisions for utility vegetation management activities that enhance the reliability of the electricity grid and reduce the threat of wildfires to such facilities. Directs such Secretaries to provide owners and operators of such facilities on such lands with the option to develop and submit an integrated vegetation management plan for approval. Outlines a plan review, approval, and implementation process. Allows such owners and operators to conduct vegetation management activities to meet facilities' clearance requirements. Provides a liability waiver when the appropriate Secretary fails to allow such owners and operators to manage vegetation within a right-of-way or easement on such lands, with an exception in the case of contributory negligence.
Encourages such Secretaries to develop a program to train appropriate federal personnel involved in vegetation management decisions relating to such facilities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3919 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3919
To amend the Federal Land Policy and Management Act to enhance the
reliability of the electricity grid and reduce the threat of wildfires
to electric transmission and distribution facilities on Federal lands
by authorizing vegetation management on such lands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2005
Mr. Shadegg introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Land Policy and Management Act to enhance the
reliability of the electricity grid and reduce the threat of wildfires
to electric transmission and distribution facilities on Federal lands
by authorizing vegetation management on such lands.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. VEGETATION MANAGEMENT ON FEDERAL LANDS CONTAINING ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITIES.
(a) In General.--Title V of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end
the following new section:
``SEC. 512. VEGETATION MANAGEMENT RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS-OF-WAY.
``(a) General Direction.--In order to enhance the reliability of
the electricity grid and reduce the threat of wildfires to electric
transmission and distribution facilities, the Secretary of the
Interior, with respect to public lands and other lands under the
jurisdiction of the Secretary, and the Secretary of Agriculture, with
respect to National Forest System lands, shall provide direction to
ensure that existing and future authorizations of rights-of-way and
easements for electrical transmission and distribution facilities on
such lands include provisions for utility vegetation management
activities that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way or easement;
``(2) enable the owner or operator of a facility to comply
with Federal and State electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability Council
or the Electric Reliability Organization certified under
section 215 of the Federal Power Act;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management activities
within permitted electrical transmission corridors; and
``(B) utility vegetation management activities that
are necessary to control hazard trees within or
adjacent to electrical transmission corridors;
``(4) provide for expedited review, whenever review is
required, and expedited approval, to the maximum extent
practicable, for utility vegetation management activities,
especially activities requiring prompt action to avoid an
adverse impact on safety or electric reliability.
``(b) Integrated Vegetation Management Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary of the Interior and the Secretary
of Agriculture shall provide owners and operators of electric
transmission and distribution facilities located on lands
described in such subsection with the option to develop and
submit an integrated vegetation management plan for approval to
the Secretary with jurisdiction over the lands. An integrated
vegetation management plan shall enable the owner or operator
of a facility, at a minimum, to comply with applicable Federal
and State electric system reliability and fire safety
requirements, as provided in subsection (a)(2). The Secretaries
shall not have the authority to modify those requirements.
``(2) Review and approval process.-- The Secretary of the
Interior and the Secretary of Agriculture shall jointly develop
a consolidated and coordinated process for review and approval
of--
``(A) integrated vegetation management plans
submitted under paragraph (1) that--
``(i) assures timely approval;
``(ii) is consistent with applicable law;
and
``(iii) to the maximum extent practicable,
minimizes the costs of the process to the
reviewing agency and the person submitting the
plan; and
``(B) amendments to an integrated vegetation
management plan in a timely manner in the event that
changed conditions warrant a modification to a plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any
changed conditions that warrant a modification to an
integrated vegetation management plan;
``(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition; and
``(C) to the maximum extent practicable, allow the
owner or operator to continue to implement those
elements of the approved plan that do not directly and
adversely affect the condition precipitating the need
for modification.
``(4) Implementation.--An approved integrated vegetation
management plan shall become part of the authorization
governing the covered right-of-way or easement. If an
integrated vegetation management plan is proposed for an
existing transmission and distribution facility concurrent with
the siting of a new transmission or distribution facility,
necessary reviews shall be completed as part of the siting
process. Once the plan is approved, the owner or operator shall
provide the agency with only a notification of activities to be
undertaken in the coming year, a description of those
activities, and certification that the activities are in
accordance with the plan.
``(5) Definition.--In this section, the term `integrated
vegetation management plan' means a plan that--
``(A) is prepared by the owner or operator of an
electrical transmission or distribution facility to
cover one or more electric transmission and
distribution rights-of-way or easements; and
``(B) provides for the long-term, cost-effective,
sustainable, ecosystem-based management of vegetation
within the permitted width of the covered rights-of-way
and easements to enhance electricity reliability,
promote public safety, and avoid fire hazards.
``(c) Response to Emergency Conditions.--If vegetation on lands
within a right-of-way or easement granted by the Secretary of the
Interior or the Secretary of Agriculture does not meet clearance
requirements under standards established by the North American Electric
Reliability Council or the Electric Reliability Organization and the
Secretary having jurisdiction over the lands has acted, or failed to
act, to allow a transmission or distribution facility owner or operator
to conduct vegetation management activities within three business days
after receiving a request to allow such activities, the owner or
operator may, after notifying the Secretary, conduct such vegetation
management activities to meet clearance requirements under such
standards.
``(d) Liability Waiver.--
``(1) Waiver.--If the Secretary of the Interior or the
Secretary of Agriculture fails to authorize a transmission or
distribution facility owner or operator to manage vegetation
within a right-of-way or easement on lands under the
jurisdiction of the Secretary in order to comply with Federal
and State electric system reliability and fire safety
requirements, including reliability standards established by
the North American Electric Reliability Council or the Electric
Reliability Organization, and the vegetation causes or
contributes to wildfire damage, loss, or injury, the owner or
operator of the facility involved shall not be liable to the
United States directly, through indemnification, or otherwise
for such damage, loss, or injury, including for the cost of
fire suppression.
``(2) Exception.--The owner or operator of a transmission
or distribution facility in a right-of-way or easement on lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture shall continue to be liable for a
portion of the damages caused by a wildfire described in
paragraph (1) and the cost of fire suppression if the owner or
operator was contributorily negligent and the law of the
jurisdiction in which the damages or costs occurred applies the
comparative negligence doctrine.
``(e) Training and Guidance.--In consultation with the electric
utility industry, the Secretary of the Interior and the Secretary of
Agriculture are encouraged to develop a program to train personnel of
the Department of the Interior and the Forest Service involved in
vegetation management decisions relating to transmission and
distribution facilities to ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability Council
or the Electric Reliability Organization; and
``(2) assist owners and operators of transmission and
distribution facilities to comply with applicable electric
reliability and fire safety requirements.''.
(b) Implementation.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall prescribe regulations, or amend existing
regulations, to implement section 512 of the Federal Land Policy and
Management Act of 1976, as added by subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Forests and Forest Health.
Referred to the Subcommittee on Fisheries and Oceans.
Referred to the Subcommittee on National Parks.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line