[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>