Sec. 2310. Vegetation management, facility inspection, and operation and maintenance on Federal land containing electric transmission and distribution facilities
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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: In this section: The terms owner and operator include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. The term plan means a vegetation management, facility inspection, and operation and maintenance plan that— is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and 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 land to enhance electric reliability, promote public safety, and avoid fire hazards.
The term Secretary concerned means— the Secretary, with respect to public lands; and the Secretary of Agriculture, with respect to National Forest System land. To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and adjacent Federal land, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (including by grant, special use authorization, and easement).
The guidance issued under paragraph
(1)shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. The guidance issued under paragraph
(1)shall take into account— all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 215 of the Federal Power Act ( 16 U.S.C. 824o )); and the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Protection Agency signed in 2016. The guidance issued under paragraph
(1)shall be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way. Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the option to develop and submit a plan. Owners and operators subject to mandatory reliability standards established by the Electric Reliability Organization (or superseding standards) may use those standards as part of the plan. A plan developed under paragraph
(1)shall— identify the applicable transmission or distribution facilities to be maintained; take into account operations and maintenance plans for the applicable powerline; describe the vegetation management, inspection, and operation and maintenance methods that may be used to comply with all applicable law, including fire safety requirements and reliability standards established by the Electric Reliability Organization; include schedules for— the applicable owner or operator to notify the Secretary concerned about routine and major maintenance; the applicable owner or operator to request approval from the Secretary concerned about undertaking routine and major maintenance; and the Secretary concerned to respond to a request by an owner or operator under clause (ii); and describe processes for— identifying changes in conditions; and modifying the approved plan, if necessary. The Secretary concerned shall develop a process for the review and approval of plans submitted under paragraph
(1)that— includes timelines and benchmarks for— the submission of agency comments on the plans and schedules for final decision; and the timely review of modifications of the plans in cases in which modifications are necessary; is consistent with applicable law; and includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan. It is the intent of Congress that the process for review and approval of plans under this paragraph shall not exceed 180 days. With respect to actions carried out under plans submitted under paragraph (1), the Secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). The owner or operator of an electric transmission or distribution facility that is not subject to the mandatory reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately preceding the date of enactment of the Energy and Natural Resources Act of 2017 may enter into a memorandum of understanding with the Secretary concerned in lieu of a plan under subsection (c). The Secretary concerned shall ensure that the minimum requirements for a memorandum of understanding under paragraph (1)— reflect the relative financial resources of the applicable owner or operator compared to other owners or operators of an electric transmission or distribution facility; include schedules as described in subsection (c)(3)(D); and comply with applicable law. If vegetation has contacted or presents an imminent danger of falling into the electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of the electric transmission or distribution lines— may prune or remove the vegetation— to avoid the disruption of electric service; and to eliminate immediate fire and safety hazards; and shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the response to emergency conditions. Except for a circumstance described in paragraph (2), the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection
(d)only with the approval of the Secretary concerned. The owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection
(d)without the approval of the Secretary concerned if— the owner or operator submitted a request to the Secretary concerned in accordance with the applicable schedule in a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection (d); the vegetation management activities proposed in the request under subparagraph
(A)are in accordance with a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection (d); and the Secretary concerned fails to respond to the request under subparagraph
(A)in accordance with the applicable schedule in a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection (d). The Secretary concerned shall not impose strict liability for damages or injury resulting from the Secretary concerned— unreasonably withholding or delaying— approval of a plan under subsection (c); or agreement to enter into a memorandum of understanding under subsection (d); or unreasonably failing to adhere to an applicable schedule in a plan approved under subsection
(c)or a memorandum of understanding entered into under subsection (d). The Secretary concerned shall report requests and actions made under subsection
(f)annually on the website of the Secretary concerned. In consultation with the electric utility industry, the Secretary concerned is 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 electric transmission and distribution facilities to ensure that the personnel— understand electric system reliability requirements as the requirements relate to vegetation management of transmission and distribution rights-of-way on Federal land, including reliability standards established by the Electric Reliability Organization and fire safety requirements; assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements; and encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety. The Secretary concerned shall— not later than 1 year after the date of enactment of this section, propose regulations, or amended existing regulations, to implement this section; and not later than 2 years after the date of enactment of this section, finalize regulations, or amended existing regulations, to implement this section. Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this section has already been approved by the Secretary concerned before the date of enactment of this section. . The table of contents 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: Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way. .
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Sec. 2310
Vegetation management, facility inspection, and operation and maintenance on Federal land containing electric transmission and distribution facilities
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