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115th Congress } { Rept. 115-165
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
ELECTRICITY RELIABILITY AND FOREST PROTECTION ACT
_______
June 12, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1873]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1873) to amend the Federal Land Policy and
Management Act of 1976 to enhance the reliability of the
electricity grid and reduce the threat of wildfires to and from
electric transmission and distribution facilities on Federal
lands by facilitating vegetation management on such lands,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Reliability and Forest
Protection Act''.
SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE 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, FACILITY INSPECTION, AND OPERATION,
AND MAINTENANCE 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 and from
electric transmission and distribution rights-of-way and related
facilities and adjacent property, the Secretary, 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 all existing and future rights-
of-way, however established (including by grant, special use
authorization, and easement), for electrical transmission and
distribution facilities on such lands include provisions for utility
vegetation management, facility inspection, and operation and
maintenance activities that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of a facility to operate
and maintain the facility in good working order and to comply
with Federal, State and local electric system reliability and
fire safety requirements, including reliability standards
established by the Electric Reliability Organization as defined
under 16 U.S.C. 824o(a) and plans to meet such reliability
standards;
``(3) minimize the need for case-by-case or annual approvals
for--
``(A) routine vegetation management, facility
inspection, and operation and maintenance activities
within existing electrical transmission and
distribution rights-of-way; and
``(B) utility vegetation management activities that
are necessary to control hazard trees within or
adjacent to electrical transmission and distribution
rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to avoid
fire hazards.
``(b) Vegetation Management, Facility Inspection, and Operation and
Maintenance Plans.--
``(1) Development and submission.--Consistent with subsection
(a), the Secretary 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 a vegetation
management, facility inspection, and operation and maintenance
plan, that at each transmission or distribution owner or
operator's discretion may cover some or all of the owner or
operator's transmission and distribution rights-of-way on
Federal lands, for approval to the Secretary with jurisdiction
over the lands. A plan under this paragraph shall enable the
owner or operator of a facility, at a minimum, to comply with
applicable Federal, State, and local 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 and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
``(A) vegetation management, facility inspection, and
operation and maintenance plans submitted under
paragraph (1) that--
``(i) assures prompt review and approval not
to exceed 90 days;
``(ii) includes timelines and benchmarks for
agency comments to submitted plans and final
approval of such plans;
``(iii) is consistent with applicable law;
and
``(iv) minimizes the costs of the process to
the reviewing agency and the entity submitting
the plans; and
``(B) amendments to the plans in a prompt manner if
changed conditions necessitate 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 a
plan;
``(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition; and
``(C) 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) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this
subsection on existing transmission and distribution rights-of-
way under this subsection.
``(5) Implementation.--A plan approved under this subsection
shall become part of the authorization governing the covered
right-of-way and hazard trees adjacent to the right-of-way. If
a vegetation management plan is proposed for an existing
transmission or distribution facility concurrent with the
siting of a new transmission or distribution facility,
necessary reviews shall be completed as part of the siting
process or sooner. Once the plan is approved, the owner or
operator shall provide the agency with only a notification of
activities anticipated to be undertaken in the coming year, a
description of those activities, and certification that the
activities are in accordance with the plan.
``(6) Definitions.--In this subsection:
``(A) Vegetation management, facility inspection, and
operation and maintenance plan.--The term `vegetation
management, facility inspection, and operation and
maintenance plan' means a plan that--
``(i) is prepared by the owner or operator of
one or more electrical transmission or
distribution facilities to cover one or more
electric transmission and distribution rights-
of-way; and
``(ii) provides for the long-term, cost-
effective, efficient and timely management of
facilities and vegetation within the width of
the right-of-way and adjacent Federal lands to
enhance electricity reliability, promote public
safety, and avoid fire hazards.
``(B) Owner or operator.--The terms `owner' and
`operator' include contractors or other agents engaged
by the owner or operator of a facility.
``(C) Hazard tree.--The term `hazard tree' means any
tree inside the right-of-way or located outside the
right-of-way that has been designated, prior to tree
failure, by either the owner or operator of a
transmission or distribution facility, or the Secretary
or the Secretary of Agriculture, to be likely to fail
and cause a high risk of injury, damage, or disruption
within 10 feet or less of an electric power line or
related structure if it fell.
``(c) Response to Emergency Conditions.--If vegetation on Federal
lands within, or hazard trees on Federal lands adjacent to, an
electrical transmission or distribution right-of-way granted by the
Secretary or the Secretary of Agriculture has contacted or is in
imminent danger of contacting one or more electric transmission or
distribution lines, the owner or operator of the transmission or
distribution lines--
``(1) may prune or remove the vegetation or hazard tree to
avoid the disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such removal.
``(d) Compliance With Applicable Reliability and Safety Standards.--
If vegetation on Federal lands within or adjacent to an electrical
transmission or distribution right-of-way under the jurisdiction of
each Secretary does not meet clearance requirements under standards
established by the Electric Reliability Organization as defined under
16 U.S.C. 824o(a), or by State and local authorities, and the Secretary
having jurisdiction over the lands has failed to act to allow a
transmission or distribution facility owner or operator to conduct
vegetation management activities within 3 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 those clearance requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under subsections
(c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of a transmission or
distribution facility shall not be held liable for wildfire damage,
loss or injury, including the cost of fire suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails to
allow the owner or operator to operate consistently with an
approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State or local electric
system reliability and fire safety standards, including
standards established by the Electric Reliability Organization
as defined under 16 U.S.C. 824o(a); or
``(2) the Secretary or the Secretary of Agriculture fails to
allow the owner or operator of the transmission or distribution
facility to perform appropriate vegetation management
activities in response to a hazard tree as defined under
subsection (b)(6), or a tree in imminent danger of contacting
the owner's or operator's transmission or distribution
facility.
``(g) Training and Guidance.--In consultation with the electric
utility industry, the Secretary 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 on rights-of-way 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 Electric Reliability Organization as defined under 16
U.S.C. 824o(a);
``(2) assist owners and operators of transmission and
distribution facilities to comply with applicable electric
reliability and fire safety requirements; and
``(3) encourage and assist willing owners and operators of
transmission and distribution facilities to incorporate on a
voluntary basis vegetation management practices to enhance
habitats and forage for pollinators and for other wildlife so
long as the practices are compatible with the integrated
vegetation management practices necessary for reliability and
safety.
``(h) Implementation.--The Secretary of the Interior and the
Secretary of Agriculture shall--
``(1) not later than one year after the date of the enactment
of this section, prescribe regulations, or amend existing
regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amend
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection and
Operation and Maintenance Plans.--Nothing in this section requires an
owner or operator to develop and submit a vegetation management,
facility inspection, and operation and maintenance plan if one has
already been approved by the Secretary or Secretary of Agriculture
before the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended
by inserting after the item relating to section 511 the following new
item:
``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and distribution
facility rights-of-way.''.
Purpose of the Bill
The purpose of H.R. 1873 is to amend the Federal Land
Policy and Management Act of 1976 to enhance the reliability of
the electricity grid and reduce the threat of wildfires to and
from electric transmission and distribution facilities on
Federal lands by facilitating vegetation management on such
lands.
Background and Need for Legislation
The goal of H.R. 1873 is to ensure reliable electricity
service and reduce the risk of fires and fire hazards caused by
inadequate vegetation management in and adjacent to power line
rights-of-way (ROW) on some federally managed lands. H.R. 1873
seeks to reduce such wildfires, in part, by promoting federal
consistency, accountability, and timely decision-making as it
relates to protecting electricity transmission and distribution
lines on some federal lands from hazard trees. The bipartisan
Western Governors Association wrote, in supporting this
legislation, that ``[o]ne of our forest management priorities
is fire prevention, particularly as we enter wildfire season.
Reliability of the region's electrical transmission grid is
also a critical interest. This legislation would play an
important role in both.''\1\ This legislation is the result of
oversight and legislative hearings spanning multiple
Administrations.
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\1\Western Governors Association Letter from Governors Mathew Mead
and Steve Bullock to Congressman Ryan Zinke and Kurt Schrader, August
27, 2015, p.2.
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This bill deals specifically with electricity ROWs on U.S.
Forest Service (Forest Service) and Bureau of Land Management
(BLM) lands. Forest Service lands include 3,000 authorized
electric transmission and distribution facilities, accounting
for nearly 18,000 miles of electric ROWs.\2\ BLM has over
71,613 miles of electricity transmission and distribution
lines.\3\ The costs of operating, maintaining and repairing
electricity lines on these ROWs on federal land are borne by
utility companies and their electricity ratepayers.
---------------------------------------------------------------------------
\2\Testimony of Mr. Jim Pena, Associate Deputy Chief of the
National Forest System, U.S. Forest Service, House Committee on Natural
Resources, Oversight Hearing on ``Keeping the Lights On and Reducing
Catastrophic Forest Fire Risk: Proper Management of Electricity Rights
of Way on Federal Lands,'' May 7, 2014, p. 2.
\3\Department of Energy: ``Report to Congress: Corridors and
Rights-of-Way on Federal Lands,'' p. 2, available at: http://
energy.gov/sites/prod/files/oeprod/DocumentsandMedia/congress--
020906.pdf.
---------------------------------------------------------------------------
A properly maintained electricity ROW can have multiple
benefits. While one benefit is a linear path for delivering
electricity from a generation source to electricity ratepayers,
another beneficial purpose is the creation of wildlife
corridors. According to the National Wild Turkey Foundation,
``the most important turkey use of a ROW is for reproduction.
Several studies have found that many hens selected old field
vegetation on a ROW for nesting . . . the close proximity of
the forest and old field habitat offers a variety of resources
(e.g. food) for turkeys and other wildlife . . . the food chain
begins with grasses and forbs, which are eaten by rats and
rabbits, which are eaten by predators, who might also eat
turkey eggs, poults, and adults.''\4\
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\4\George A. Hurst, ``Rights-of-Way for Wildlife,'' NWTF Wildlife
Bulletin No. 19, The National Wild Turkey Federation, available at:
https://www.mdwfp.com/media/7662/rights-of-way.pdf.
---------------------------------------------------------------------------
In addition, properly managed ROWs can provide a source of
domestic food supply. According to the North American
Pollinator Protection Campaign:
Millions of acres of utility ROW habitat crisscross
all types of ecosystems as they bring energy to our
homes and businesses. If these ROW are managed with an
integrated vegetation management program, they can
attract and sustain millions of native wild bees,
butterflies and beetles and other animals that
pollinate and can insure the reproduction of over 75%
of all flowering plants. . . . Pollinating animals
assist plants in reproduction by transferring pollen,
allowing those plants to produce seeds, berries, nuts
and other foods important to the survival of many
species of wildlife, and to the production of an
estimated \1/3\ of the human food supply.\5\
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\5\Id.
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Electricity ROWs are usually in need of active vegetative
management since they can be surrounded by living, dead or
dying trees that can make contact with a power line if not
properly maintained. Vegetative management is a critical tool
for safeguarding electricity infrastructure and wildlife
habitat on ROWs located on federal and other lands. The goals
of vegetative management are to ensure electricity line
reliability to prevent tree-related fires and keep the public
and habitat safe. A typical vegetative management program
carried out by an electric utility with above-ground
transmission or distribution lines includes tree pruning and
removal, manual or mechanical vegetation control around poles
or substations, tree-planting or transplanting, and tree
inventories. The standard utility practice for managing these
ROWs is called Integrated Vegetative Management (IVM), which is
generally defined as the ``practice of promoting desirable,
stable, low-growing plant communities--that will resist
invasion by tall-growing tree species--through the use of
appropriate, environmentally sound, and cost-effective control
methods.''\6\
---------------------------------------------------------------------------
\6\ ``Integrated Vegetation Management (IVM) Fact Sheet'', U.S.
EPA, PestWise Program, available at: http://www.epa.gov/pesp/
htmlpublications/ivm_fact_sheet.html.
---------------------------------------------------------------------------
As noted above, there are almost 90,000 miles of electric
transmission and distribution lines on Forest Service and BLM
lands. In order to perform infrastructure inspections and
operate and maintain power lines on these lands, electric
utilities seek permission and approval from the appropriate
federal land management agency, which will typically use
processes under the National Environmental Policy Act of 1969
to assess whether the proposed vegetative management measures
comply with federal environmental laws. Despite these
electricity corridors being ``less than a fraction of a
percent'' of overall federal lands, the consequences of not
effectively managing the electricity ROWs can be significant
and catastrophic if fire spreads to the surrounding lands.\7\
---------------------------------------------------------------------------
\7\Testimony of Mr. Michael Neal, Manager of Forestry and Special
Programs for Arizona Public Service, House Committee on Natural
Resources, Oversight Hearing on ``Keeping the Lights On and Reducing
Catastrophic Forest Fire Risk: Proper Management of Electricity Rights
of Way on Federal Lands,'' May 7, 2014, p. 2.
---------------------------------------------------------------------------
When a ROW is not properly maintained, a tree can grow into
or fall on a power line, causing fires and a domino effect of
electricity blackouts. For example, on August 10, 1996, three
power lines in the Pacific Northwest sagged on to untrimmed
trees, causing a massive electricity blackout that impacted 7.5
million people across 14 western states, two Canadian provinces
and part of Mexico.\8\ An August 14, 2003, blackout caused by a
falling tree led to an outage for 50 million electricity
customers.\9\
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\8\The U.S.-Canada Power System Outage Task Force, ``August 14th
Blackout: Causes and Recommendations,'' (April 2004). Available at:
http://energy.gov/sites/prod/files/oeprod/DocumentsandMedia/
BlackoutFinal-Web.pdf.
\9\Devon Peacock, ``2003 Blackout: 10 Years Later,'' CFPL AM, Aug.
14, 2013, available at: http://www.am980.ca/2013/08/14/blackout-10-
years/.
---------------------------------------------------------------------------
As a result of the 2003 blackout and ongoing reliability
concerns, what was then the North American Electric Reliability
Council finalized vegetative management standards and
guidelines for the electric industry in 2005.\10\ In the same
year, Congress passed and the President signed the Energy
Policy Act of 2005 (Public Law 109-58), which focused on
creating nationwide mandatory electricity reliability standards
to avoid widespread electricity blackouts.\11\ Section 1211
contains the following reliability provision:
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\10\Federal Energy Regulatory Commission, FAC-003-2.
\11\P.L. 109-190, 120 Stat. 298.
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Federal agencies responsible for approving access to
electric transmission or distribution facilities
located on lands within the United States shall, in
accordance with applicable law, expedite any Federal
agency approvals that are necessary to allow the owners
or operators of such facilities to comply with any
reliability standard, approved by the Commission under
section 215 of the Federal Power Act, that pertains to
vegetation management, electric service restoration, or
resolution of situations that imminently endanger the
reliability or safety of the facilities.\12\
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\12\Id. at Sec. 215.
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A decade since the passage of the Energy Policy Act of
2005, properly maintaining an electricity ROW is still an
important issue. For example, the Department of Energy's 2015
Quadrennial Energy Review stated:
Reliability and resilience projects have also
included operations and maintenance activities, such as
aggressive vegetation management. While it might be
considered low-tech, vegetation management is an
essential activity; both the 1996 West Coast and 2003
East Coast-Midwest power outages started from trees
along transmission lines.\13\
---------------------------------------------------------------------------
\13\U.S. Department of Energy: 2015 Quadrennial Energy Review, Ch.
2, p.15.
---------------------------------------------------------------------------
Despite such attention, vegetation continues to interact
with power lines. Indeed, the Forest Service reported 113 and
232 wildfires in 2013 and 2012, respectively, caused by contact
between power lines and trees on its lands.\14\ Federal land
agencies have been subject to criticism for not allowing
utilities to carry out vegetative management policies on a
consistent and timely basis. Specifically, some electricity
providers and the International Brotherhood of Electrical
Workers have voiced concerns that federal land managers carry
out policies contradictory from one another, that there is no
timely decision-making process for removing dangerous trees and
that redundancy in reviews and work requirements add
unnecessary delay. As an example, Mr. Bobby Bright, the former
Chief Executive Officer of the San Miguel Power Association in
southwestern Colorado, testified about his interaction with the
Forest Service to the House Resources Committee in 2006:
---------------------------------------------------------------------------
\14\Testimony of Mr. Jim Pena, Associate Deputy Chief of the
National Forest System, U.S. Forest Service, House Committee on Natural
Resources, Oversight Hearing on ``Keeping the Lights On and Reducing
Catastrophic Forest Fire Risk: Proper Management of Electricity Rights
of Way on Federal Lands,'' May 7, 2014, p. 2.
---------------------------------------------------------------------------
There is little consistency from agency to agency,
district to district, or even within the same offices.
There seems to be no standard operating procedure. . .
. We are not asking for a free pass to build whatever
we want wherever we want it. We are asking for a
streamlined process with consistent procedures and
requirements. . . . It would also relieve some of the
staffing shortfalls that these agencies are
experiencing.\15\
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\15\Testimony of Mr. Bobby Bright, CEO, San Miguel Power
Association, House Committee on Natural Resources, Subcommittee on
Water and Power, Subcommittee on Forests and Forest Health, Oversight
Hearing on ``The Need for Proper Forest Management on Federal Rights of
Way to Ensure Reliable Electricity Service'', May 3, 2006.
---------------------------------------------------------------------------
Similarly, at a Natural Resources Committee hearing in May
2014, Mr. Randall Miller of PacifiCorp testified about federal
staffing inconsistencies:
The inconsistent viewpoints of Federal land managers
create difficulties for utilities because local
authorities are empowered to make their own decisions
for what is or is not appropriate in their
jurisdictions. The arrangement creates unpredictable
directives regarding what is or what is not authorized
on utility corridors on Federal lands--in spite of land
managers ostensibly working with the same policies and
procedures.\16\
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\16\Testimony of Mr. Randall Miller, Director of Vegetative
Management, PacifiCorp, House Committee on Natural Resources, Oversight
Hearing on ``Keeping the Lights On and Reducing Catastrophic Forest
Fire Risk: Proper Management of Electricity Rights of Way on Federal
Lands,'' May 7, 2014, p. 6.
---------------------------------------------------------------------------
The delay caused by these inconsistencies poses significant
financial issues for smaller utilities. Mr. Mark Hayden, the
General Manager of Missoula Electric Cooperative, testified on
a previous version of this legislation:
In some cases, it can take months or a year or more to
obtain approval on Major Operation and Maintenance
activities. Such approvals are necessary to assuring
electricity service is not jeopardized as a result of
work needed on rights-of-way. It is this inconsistency
and the unnecessary financial risk placed on my
cooperative and other cooperatives that cause me and
other co-op managers in the State of Montana
significant concern.\17\
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\17\Testimony of Mr. Mark Hayden, General Manager, Missoula
Electric Cooperative, House Committee on Natural Resources, Legislative
Hearing on H.R. 2358, May 20, 2015, p. 2.
---------------------------------------------------------------------------
H.R. 1873 attempts to provide consistency by requiring the
Secretaries of the Interior and Agriculture to allow
electricity ROW holders on BLM and Forest Service lands the
option of submitting utility vegetation management, facility
inspection and operation and maintenance plans for such lands
for approval, and to develop a coordinated process for review
and approval for such plans. The Committee heard testimony that
some local Forest Service and BLM districts and regions are
working well with utilities and that some plans already exist
and have been approved by the agencies. The purpose of H.R.
1873 is not to mandate that every utility submit such plans to
the agencies, as that could be very costly for the utilities
and the agencies. Rather, one goal is to have the agencies
jointly develop guidelines and consistency so that utilities
have more predictability when and if they submit such plans.
Electric utilities are not only focused on managing
vegetation on a ROW, but are also concerned about adjacent
high-risk and hazardous trees outside the corridor. Many
electric utilities remain threatened with liability for fires
on federal lands caused by nearby trees outside the ROW that
could fall on power lines.\18\ Despite being potentially liable
for trees that are outside of the ROW but are on federal lands,
utilities may encounter opposition and lengthy delay from some
Forest Service and BLM personnel to remove the high risk trees.
As an example, Mr. Mike Easely, who represented a rural
electric cooperative in Wyoming, testified on the following
liability issue:
---------------------------------------------------------------------------
\18\Testimony of Mr. Steven Eldrige, General Manager and CEO,
Umatilla Electric Cooperative, House Committee on Natural Resources,
Subcommittee on Water and Power, Subcommittee on Forests and Forest
Health, Oversight Hearing on ``The Need for Proper Forest Management on
Federal Rights of Way to Ensure Reliable Electricity Service'', May 3,
2006.
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Carbon Power and Light (Carbon) had been conducting
regular maintenance and clearing of rights of way
(ROW). Personnel noticed several trees outside of the
ROW (Forest Service trees) and noted if the trees fell,
they would fall into their power lines. The cooperative
took the initiative to contact officials in the
Medicine Bow National Forest to bring this problem to
their attention. Among other things they were told that
if a tree outside their ROW fell into the lines and
caused a fire, the cooperative would be held liable for
damages! It should be noted that most, if not all, of
the trees being cleared, or needing to be cleared, were
dead due to beetle kill and were not viable living
trees. Carbon had to jump through many bureaucratic
hoops, conducting one study after another that delayed
the clearing of ANY trees for over two years and at a
cost of over $1.6 million to their member-owners.
Because of the delays, the cooperative was not able to
clear all of the trees needed in one season. We were
all very fortunate that a forest fire was not ignited
by one of these dead trees falling into a wire.\19\
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\19\Testimony of Mr. Mike Easely, CEO Powder River Energy
Corporation, House Committee on Natural Resources Oversight Hearing on
``Keeping the Lights On and Reducing Catastrophic Forest Fire Risk:
Proper Management of Electricity Rights-of-Way on Federal Lands,'' May
7, 2014, p. 1.
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Trees have indeed fallen on power lines even after the
Forest Service disapproved of pruning the trees and some
utilities are left with the bill. As Mr. Dave Markham,
President and CEO of the Central Electric Cooperative, Inc.,
testified on a nearly identical bill last Congress:
Midstate Electric Cooperative in La Pine, Oregon,
requested the trimming of selective trees along the
rights-of-way on USFS land for fear the trees were a
hazard. This request was denied. Predictably, a tree
fell into a power line, sparking a wildfire. Because
the electric cooperative was held strictly liable, they
had to pay firefighting costs of $326,850. This
legislation's provision shifting the liability away
from the utility if the agency denies permission to
manage the vegetation is needed and long overdue.\20\
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\20\Testimony of Mr. Dave Markham, President and CEO of the Central
Electric Cooperative, House Committee on Natural Resources, Legislative
Hearing on H.R. 2358, May 20, 2015, p. 2.
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H.R. 1873 addresses this issue to ensure that a utility is
not liable if the federal government failed to allow the
utility to manage vegetation on or adjacent to the ROW. As
analyzed by the Congressional Budget Office, this provision
will have a ``negligible impact'' on federal costs since ``it
is unlikely that an agency would deny a request to clear
vegetation that might subsequently result in a wildfire'' under
the bill.\21\ However, a utility would still be liable if its
lines or facilities spark a fire not related to the federal
government's decision or indecision on vegetative management.
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\21\Congressional Budget Office, ``H.R. 2358, Electricity
Reliability and Forest Protection Act,'' Sept. 15, 2015, available at:
https://www.cbo.gov/publication/50822, p. 2.
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Many of those impacted directly by the current federal
policies and who work on ROWs on federal lands on a daily basis
support this bill. The International Brotherhood of Electrical
Workers, the National Rural Electric Cooperative Association,
the Edison Electric Institute, the American Public Power
Association, the Northwest Public Power Association, the
Southern California Public Power Association, and the Colorado
River Energy Distributors Association are just a few of the
organizations representing utilities and their employees who
experience the need for this bill and support its passage.
Section-by-Section Analysis
Section 1. Short title
This section states the title of the bill as the
``Electricity Reliability and Forest Protection Act''.
Section 2. Vegetation management, facility inspection, and operation
and maintenance on Federal lands containing electric
transmission and distribution facilities
Section 2 adds a new section (Section 512) to the Federal
Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1761
et seq.). The following describes the new text to be added to
this law.
New FLPMA Section 512(a) requires the Secretary of the
Interior and Secretary of Agriculture to provide direction to
allow electricity ROW holders on BLM and Forest Service lands
the option of submitting utility vegetation management,
facility inspection and operation and maintenance plans on such
lands for approval. As amended, this direction shall be
developed in consultation with ROW holders and allow an owner
or operator to maintain facilities to comply with federal,
State, and local electric system reliability and fire safety
standards, including those established by the Electric
Reliability Organization (ERO), as defined under 16 U.S.C.
824o(a).
The direction shall minimize the need for case-by-case or
annual approvals for routine vegetation management, facility
inspection, and operation and maintenance activities within
existing electrical ROWs and utility vegetation management
activities that are necessary to control hazard trees within or
adjacent to electrical ROWs on federal land. The subsection
stipulates that when such review is required, the Secretaries
shall provide for expedited review and approval of utility
vegetation management, facility inspection, and operation and
maintenance activities, especially activities requiring prompt
action to avoid an adverse impact on human safety or electric
reliability to avoid fire hazards.
Subsection (b) requires the Secretaries to allow
electricity ROW owners and operators the option to develop and
submit vegetation management, facility inspection and operation
and maintenance plans for the appropriate Secretary's approval,
and to develop a coordinated process for review and approval
for such plans. This subsection also requires these plans to
comply with federal, State, and local electrical system
reliability and fire safety standards, and prohibits the
Secretaries from changing such standards. The Committee
understands that such plans are currently being implemented in
some circumstances; however, given repeated witness testimony
that federal agencies have been inconsistent and not timely in
approving such plans, this subsection is intended to require
the agencies to coordinate their activities on these matters.
As such, this subsection requires the Secretaries to
develop a joint consolidated and coordinated process for review
and approval of the plans. This process shall assure prompt
review and approval within 90 days, include timelines and
benchmarks for approval of such plans, be consistent with
applicable law, minimize the costs of the reviewing agency and
the entity submitting the plans and allow the agencies to
consider plan amendments in a prompt manner if changed
conditions necessitate a modification to a plan. The subsection
further stipulates that the process shall include notification
by the agency of any changed conditions that warrant a
modification to a plan, provide an opportunity for the owner or
operator to submit a proposed plan amendment to address
directly the changed condition and 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.
Subsection (b) also requires the Secretaries to apply the
existing categorical exclusion process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
plans developed under the authority of this bill. If a plan is
proposed for an existing transmission or distribution facility
concurrent with the siting of a new transmission or
distribution facility, necessary reviews shall be completed as
part of the siting process or sooner. Once the plan is
approved, the owner or operator shall provide the agency a
description of those activities, and certification that the
activities are in accordance with the plan.
Subsection (b) also defines the terms ``vegetation
management, facility inspection, and operation and maintenance
plan'' and ``owner or operator''. As amended, it defines
``hazard tree'' as ``any tree inside the right-of-way or
located outside the right-of-way that has been designated,
prior to tree failure. . .to be likely to fail and cause a high
risk of injury, damage, or disruption within 10 feet or less of
an electric power line or related structure if it fell.'' The
Committee included this definition to reflect the generally
accepted industry standards for tree care practices. Termed the
American National Standards Institute A300 standards, these
consensus-based objectives are based on current research and
sound practices for writing specifications to manage trees,
shrubs, and other woody plants.
Under subsection (c), if a hazard tree on BLM or Forest
Service lands has made contact with or is in imminent danger of
making contact with a transmission or distribution electricity
line, the owner or operator of that line may prune or remove
the vegetation or hazard tree to avoid the disruption of
electric service and risk of fire and shall notify the
appropriate local agent of the relevant Secretary not later
than 24 hours after such removal. This provision is intended to
codify ongoing federal arrangements which allow utility owners
and operators to respond to emergency circumstances without
prior approval from the land management agency.
Subsection (d) allows the owner or operator to conduct
vegetation management activities three days after a request has
been made to the appropriate Secretary if vegetation within or
adjacent to the ROW does not meet the ERO clearance
requirements or those established by State and local
authorities. The owner or operator may then, after notifying
the appropriate Secretary, conduct management activities to
meet those requirements.
Subsection (e) requires the Secretaries to report requests
and actions made under subsections (c) and (d) annually on
their respective websites.
Subsection (f) limits the owner or operator's liability in
the event that it is not allowed to trim hazard trees in
imminent danger of contacting electricity lines on BLM and
Forest Service lands. Specifically, if the appropriate
Secretary fails to allow an owner or operator to manage
vegetation on federal lands within or adjacent to a ROW
consistent with an approved vegetation management plan, or if
the owner or operator is prevented by one of the Secretaries
from responding to an identified hazard tree or a tree in
imminent danger of contacting an electricity line, the owner or
operator shall not be liable for wildfire damage and loss or
injury resulting from such contact. The Committee believes that
it is unjust to hold utility owners and operators liable for
damages caused by the inaction or delay of the federal agency.
The purpose of this section is to release electric utility
owners and operators from liability only in specific
circumstances where the federal government prevents the utility
from conducting necessary and appropriate vegetation
management. This section is not intended, however, to release a
utility from liability if in the process of conducting
vegetation management activities the utility or its agents act
in a manner inconsistent with the standard of care required for
conducting such an activity.
Subsection (g) encourages the Secretaries to develop a
training program for personnel of the Interior Department and
the Forest Service involved in vegetation management decisions
on ROWs relating to transmission and distribution facilities on
federal lands. Such a program should ensure that personnel
understand electric system reliability and fire safety
requirements, and how to assist owners and operators to comply
with those standards. The training program required by this
subsection will also encourage willing owners and operators of
electricity transmission and distribution lines to incorporate,
on a voluntary basis, practices which would enhance habitat and
forage for pollinators and other wildlife.
Subsection (h) requires the Secretaries to prescribe
regulations or amend existing regulations to implement the
authorities created by this bill. Such regulations must be
final no later than two years after the section's enactment.
The Committee understands that much of this regulatory
framework is currently in place; however, it is carried out on
an inconsistent basis. Thus, the Committee does not expect the
Secretaries to expend unreasonable time and funding to provide
consistent regulatory approaches.
Subsection (i) ensures that nothing in the section requires
an owner or operator to develop and submit a new plan if one
already has been approved by the appropriate Secretary before
the date of enactment of this section. Subsection (i) also
makes a clerical amendment to the FLPMA table of contents.
Committee Action
H.R. 1873 was introduced on April 4, 2017, by Congressman
Doug LaMalfa (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the
Subcommittees on Water, Power and Oceans and Federal Lands. The
bill was additionally referred to the Committee on Agriculture.
On April 26, 2017, the Full Natural Resources Committee met to
consider the bill. The Subcommittees on Water, Power and Oceans
and Federal Lands were discharged by unanimous consent.
Congressman LaMalfa offered an amendment designated #1; it was
agreed to by voice vote. Congressman Scott R. Tipton (R-CO)
offered and withdrew an amendment designated 015. No additional
amendments were offered and on April 27, 2017, the bill was
ordered favorably reported by a bipartisan roll call vote of 24
ayes and 14 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 22, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1873, the
Electricity Reliability and Forest Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1873--Electricity Reliability and Forest Protection Act
Summary: H.R. 1873 would allow electric utilities to submit
to the Forest Service and the Bureau of Land Management (BLM)
long-term plans that would guide vegetation management and
maintenance activities on or adjacent to rights-of-way
containing electrical infrastructure on federal lands. Under
the bill, the affected agencies would be required to review and
respond to each plan within 90 days. Under the bill electric
utilities that have notified those agencies of vegetation that
could come into contact with a transmission line would be
exempt from legal liability in the event of a subsequent
wildfire.
Based on information provided by the affected agencies and
assuming appropriation of the necessary amounts, CBO estimates
that implementing the bill would cost $12 million over the
2018-2022 period. H.R. 1873 would affect direct spending by
reducing the amount of damages the federal government would
collect from private firms in the event of certain fires;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that any such effects would be negligible. Enacting
the bill would not affect revenues.
CBO also estimates that enacting H.R. 1873 would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
H.R. 1873 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary. effect of H.R. 1873 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...... 0 3 3 2 2 2 12
Estimated Outlays.................. 0 3 3 2 2 2 12
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2017. Estimated
outlays are based on historical spending patterns for similar
activities.
H.R. 1873 would require the Forest Service and BLM to
review and respond within 90 days to plans submitted by
electric utilities to manage and maintain vegetation that could
affect federal rights-of-way. Based on information provided by
the Forest Service, BLM, and various electric utilities, CBO
estimates that the additional staffing required to meet that
90-day deadline would cost about $2 million annually over the
2018-2022 period; spending would be subject to the availability
of appropriated funds.
The bill also would require the affected agencies to draft
new regulations and procedures related to the submission,
review, and approval of vegetation management plans within two
years. CBO estimates that the additional staffing required to
carry out that provision would cost about $1 million per year
in 2018 and 2019; spending would be subject to the availability
of appropriated funds.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues.
H.R. 1873 would affect direct spending by reducing the
amount of damages the federal government would collect from
private firms in the event of certain fires. Under the bill, an
electric utility would be exempt from legal liability if the
utility informs the administering agency that vegetation in a
right-of-way poses an imminent risk of fire, the agency does
not allow the utility to conduct activities to eliminate that
risk, and the vegetation is later determined to have caused a
wildfire. Based on information provided by the affected
agencies, CBO expects that an agency denying such a request
would be unlikely. Thus, we estimate that enacting this
provision would have a negligible effect on the amount the
federal government would receive from damages resulting from a
fire caused under those circumstances. Enacting the bill would
not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 1873 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 1873
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Federal Land Policy and
Management Act of 1976 to enhance the reliability of the
electricity grid and reduce the threat of wildfires to and from
electric transmission and distribution facilities on Federal
lands by facilitating vegetation management on such lands.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. Section 2 requires the Secretary of
the Interior and the Secretary of Agriculture to either amend
existing regulations or promulgate new ones to implement the
bill within two years of the date of enactment of this bill.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
TABLE OF CONTENTS
* * * * * * *
TITLE V--RIGHTS-OF-WAY
Sec. 501. Authorization to grant rights-of-way.
* * * * * * *
Sec. 512. Vegetation management, facility inspection, and operation and
maintenance relating to electric transmission and distribution
facility rights-of-way.
* * * * * * *
TITLE V--RIGHTS-OF-WAY
* * * * * * *
SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION,
AND MAINTENANCE 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
and from electric transmission and distribution rights-of-way
and related facilities and adjacent property, the Secretary,
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 all existing and future
rights-of-way, however established (including by grant, special
use authorization, and easement), for electrical transmission
and distribution facilities on such lands include provisions
for utility vegetation management, facility inspection, and
operation and maintenance activities that, while consistent
with applicable law--
(1) are developed in consultation with the holder of
the right-of-way;
(2) enable the owner or operator of a facility to
operate and maintain the facility in good working order
and to comply with Federal, State and local electric
system reliability and fire safety requirements,
including reliability standards established by the
Electric Reliability Organization as defined under 16
U.S.C. 824o(a) and plans to meet such reliability
standards;
(3) minimize the need for case-by-case or annual
approvals for--
(A) routine vegetation management, facility
inspection, and operation and maintenance
activities within existing electrical
transmission and distribution rights-of-way;
and
(B) utility vegetation management activities
that are necessary to control hazard trees
within or adjacent to electrical transmission
and distribution rights-of-way; and
(4) when review is required, provide for expedited
review and approval of utility vegetation management,
facility inspection, and operation and maintenance
activities, especially activities requiring prompt
action to avoid an adverse impact on human safety or
electric reliability to avoid fire hazards.
(b) Vegetation Management, Facility Inspection, and Operation
and Maintenance Plans.--
(1) Development and submission.--Consistent with
subsection (a), the Secretary 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 a vegetation management,
facility inspection, and operation and maintenance
plan, that at each transmission or distribution owner
or operator's discretion may cover some or all of the
owner or operator's transmission and distribution
rights-of-way on Federal lands, for approval to the
Secretary with jurisdiction over the lands. A plan
under this paragraph shall enable the owner or operator
of a facility, at a minimum, to comply with applicable
Federal, State, and local 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 and
the Secretary of Agriculture shall jointly develop a
consolidated and coordinated process for review and
approval of--
(A) vegetation management, facility
inspection, and operation and maintenance plans
submitted under paragraph (1) that--
(i) assures prompt review and
approval not to exceed 90 days;
(ii) includes timelines and
benchmarks for agency comments to
submitted plans and final approval of
such plans;
(iii) is consistent with applicable
law; and
(iv) minimizes the costs of the
process to the reviewing agency and the
entity submitting the plans; and
(B) amendments to the plans in a prompt
manner if changed conditions necessitate 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 a plan;
(B) provide an opportunity for the owner or
operator to submit a proposed plan amendment to
address directly the changed condition; and
(C) 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) Categorical exclusion process.--The Secretary and
the Secretary of Agriculture shall apply his or her
categorical exclusion process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to plans developed under this subsection on
existing transmission and distribution rights-of-way
under this subsection.
(5) Implementation.--A plan approved under this
subsection shall become part of the authorization
governing the covered right-of-way and hazard trees
adjacent to the right-of-way. If a vegetation
management plan is proposed for an existing
transmission or distribution facility concurrent with
the siting of a new transmission or distribution
facility, necessary reviews shall be completed as part
of the siting process or sooner. Once the plan is
approved, the owner or operator shall provide the
agency with only a notification of activities
anticipated to be undertaken in the coming year, a
description of those activities, and certification that
the activities are in accordance with the plan.
(6) Definitions.--In this subsection:
(A) Vegetation management, facility
inspection, and operation and maintenance
plan.--The term ``vegetation management,
facility inspection, and operation and
maintenance plan'' means a plan that--
(i) is prepared by the owner or
operator of one or more electrical
transmission or distribution facilities
to cover one or more electric
transmission and distribution rights-
of-way; and
(ii) provides for the long-term,
cost-effective, efficient and timely
management of facilities and vegetation
within the width of the right-of-way
and adjacent Federal lands to enhance
electricity reliability, promote public
safety, and avoid fire hazards.
(B) Owner or operator.--The terms ``owner''
and ``operator'' include contractors or other
agents engaged by the owner or operator of a
facility.
(C) Hazard tree.--The term ``hazard tree''
means any tree inside the right-of-way or
located outside the right-of-way that has been
designated, prior to tree failure, by either
the owner or operator of a transmission or
distribution facility, or the Secretary or the
Secretary of Agriculture, to be likely to fail
and cause a high risk of injury, damage, or
disruption within 10 feet or less of an
electric power line or related structure if it
fell.
(c) Response to Emergency Conditions.--If vegetation on
Federal lands within, or hazard trees on Federal lands adjacent
to, an electrical transmission or distribution right-of-way
granted by the Secretary or the Secretary of Agriculture has
contacted or is in imminent danger of contacting one or more
electric transmission or distribution lines, the owner or
operator of the transmission or distribution lines--
(1) may prune or remove the vegetation or hazard tree
to avoid the disruption of electric service and risk of
fire; and
(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such
removal.
(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent
to an electrical transmission or distribution right-of-way
under the jurisdiction of each Secretary does not meet
clearance requirements under standards established by the
Electric Reliability Organization as defined under 16 U.S.C.
824o(a), or by State and local authorities, and the Secretary
having jurisdiction over the lands has failed to act to allow a
transmission or distribution facility owner or operator to
conduct vegetation management activities within 3 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 those clearance
requirements.
(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under
subsections (c) and (d) annually on each Secretary's website.
(f) Liability.--An owner or operator of a transmission or
distribution facility shall not be held liable for wildfire
damage, loss or injury, including the cost of fire suppression,
if--
(1) the Secretary or the Secretary of Agriculture
fails to allow the owner or operator to operate
consistently with an approved vegetation management,
facility inspection, and operation and maintenance plan
on Federal lands under the relevant Secretary's
jurisdiction within or adjacent to a right-of-way to
comply with Federal, State or local electric system
reliability and fire safety standards, including
standards established by the Electric Reliability
Organization as defined under 16 U.S.C. 824o(a); or
(2) the Secretary or the Secretary of Agriculture
fails to allow the owner or operator of the
transmission or distribution facility to perform
appropriate vegetation management activities in
response to a hazard tree as defined under subsection
(b)(6), or a tree in imminent danger of contacting the
owner's or operator's transmission or distribution
facility.
(g) Training and Guidance.--In consultation with the electric
utility industry, the Secretary 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 on rights-
of-way 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 Electric Reliability Organization as
defined under 16 U.S.C. 824o(a);
(2) assist owners and operators of transmission and
distribution facilities to comply with applicable
electric reliability and fire safety requirements; and
(3) encourage and assist willing owners and operators
of transmission and distribution facilities to
incorporate on a voluntary basis vegetation management
practices to enhance habitats and forage for
pollinators and for other wildlife so long as the
practices are compatible with the integrated vegetation
management practices necessary for reliability and
safety.
(h) Implementation.--The Secretary of the Interior and the
Secretary of Agriculture shall--
(1) not later than one year after the date of the
enactment of this section, prescribe regulations, or
amend existing regulations, to implement this section;
and
(2) not later than two years after the date of the
enactment of this section, finalize regulations, or
amend existing regulations, to implement this section.
(i) Existing Vegetation Management, Facility Inspection and
Operation and Maintenance Plans.--Nothing in this section
requires an owner or operator to develop and submit a
vegetation management, facility inspection, and operation and
maintenance plan if one has already been approved by the
Secretary or Secretary of Agriculture before the date of the
enactment of this section.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
We expressed disappointment when Republicans refused to
address our concerns with this bill and forced it through the
Committee last Congress because we agreed with the concept:
improve coordination between federal land management agencies
and utility companies that hold transmission rights-of-way
(ROW) on U.S. public lands. Doing this would help utilities
prevent fires sparked by frees contacting their power lines,
and eliminate the need for last-minute work resulting from
deferred maintenance. In turn, it would help the Forest Service
(FS) and the Bureau of Land Management (BLM) respond more
quickly and consistently for requests to access and maintain
ROWs on public lands, while at the same time protecting public
natural resources from damage.
However, H.R. 1873 would do little to solve the problem of
poor coordination because instead of making up-front planning
for ROW maintenance a requirement for utilities, H.R. 1873
makes such planning optional, just as it is now. Further, the
bill allows states and localities to dictate how U.S. public
lands are managed and shifts liability for wildfire damage from
utility companies to the taxpayers. Instead of accepting our
offer to work through these issues and develop a non-
controversial version of the bill, the Majority chose to force
the same language through the Committee again.
Particularly given the concerns raised by the Forest
Service, the Bureau of Land Management, and the conservation
community, we cannot support this legislation without
modifications. We stand ready to work with Republicans to make
those changes in advance of this bill reaching the floor.
Raul M. Grijalva,
Ranking Member, House
Committee on Natural
Resources.
Jared Huffman,
Ranking Member, Subcommittee
on Water, Power and
Oceans.
Grace F. Napolitano,
Member of Congress.
Colleen Hanabusa,
Member of Congress.
Nanette Diaz Barragan,
Member of Congress.
[all]
