[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5744 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5744
To establish a categorical exclusion for electric utility rights-of-
way, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2020
Mr. LaMalfa introduced the following bill; which was referred to the
Committee on Natural 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 establish a categorical exclusion for electric utility rights-of-
way, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clearing Lines along Electrical At-
Risk Zones Act''.
SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 3. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-WAY.
(a) Secretary Concerned Defined.--The term ``Secretary concerned''
means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of activities
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (b) in accordance
with this section.
(e) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (b) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any forest
management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity designated under
subsection (c) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
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