[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2073

 To establish a vegetation management pilot program on National Forest 
   System land to better protect utility infrastructure from passing 
                   wildfire, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

  Mr. Bennet (for himself, Mr. Gardner, and Mr. Thune) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To establish a vegetation management pilot program on National Forest 
   System land to better protect utility infrastructure from passing 
                   wildfire, 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 ``National Forest System Vegetation 
Management Pilot Program Act of 2017''.

SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT 
              PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) National forest system land.--
                    (A) In general.--The term ``National Forest System 
                land'' means land within the National Forest System, as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)).
                    (B) Exclusions.--The term ``National Forest System 
                land'' does not include--
                            (i) a National Grassland; or
                            (ii) a land utilization project on land 
                        designated as a National Grassland and 
                        administered pursuant to sections 31, 32, and 
                        33 of the Bankhead-Jones Farm Tenant Act (7 
                        U.S.C. 1010, 1011, 1012).
            (2) Passing wildfire.--The term ``passing wildfire'' means 
        a wildfire that originates outside of a right-of-way.
            (3) Pilot program.--The term ``pilot program'' means the 
        pilot program established by the Secretary under subsection 
        (b).
            (4) Right-of-way.--The term ``right-of-way'' means a 
        special use authorization issued by the Forest Service allowing 
        the placement of utility infrastructure.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Utility infrastructure.--The term ``utility 
        infrastructure'' means electric transmission lines, natural gas 
        infrastructure, or related structures.
    (b) Establishment.--To encourage owners or operators of rights-of-
way on National Forest System land to partner with the Forest Service 
to voluntarily conduct vegetation management projects on a proactive 
basis to better protect utility infrastructure from potential passing 
wildfires, the Secretary shall establish a limited, voluntary pilot 
program, in the manner described in this section, to conduct vegetation 
management projects on National Forest System land adjacent to or near 
those rights-of-way.
    (c) Eligible Participants.--
            (1) In general.--A participant in the pilot program shall 
        be the owner or operator of a right-of-way on National Forest 
        System land.
            (2) Selection priority.--In selecting participants for the 
        pilot program, the Secretary shall give priority to an owner or 
        operator of a right-of-way that has worked with Forest Service 
        fire scientists and used technologies, such as light detection 
        and ranging surveys, to improve utility infrastructure 
        protection prescriptions.
    (d) Vegetation Management Projects.--
            (1) In general.--A vegetation management project conducted 
        under the pilot program shall involve only limited and 
        selective vegetation management activities that--
                    (A) shall create the least disturbance reasonably 
                necessary to protect utility infrastructure from 
                passing wildfires based on applicable models, including 
                Forest Service fuel models;
                    (B) may include thinning, fuel reduction, creation 
                and treatment of shaded fuel breaks, and other 
                appropriate measures;
                    (C) shall only be conducted on National Forest 
                System land--
                            (i) adjacent to the right-of-way of a 
                        participant; or
                            (ii) within 75 feet of the right-of-way of 
                        a participant; and
                    (D) shall not be conducted on--
                            (i) a component of the National Wilderness 
                        Preservation System;
                            (ii) a designated wilderness study area; or
                            (iii) an inventoried roadless area.
            (2) Approval.--Each vegetation management project described 
        in paragraph (1) (including each vegetation management activity 
        described in subparagraphs (A) through (D) of that paragraph) 
        shall be subject to approval by the Forest Service in 
        accordance with this section.
    (e) Project Costs.--
            (1) In general.--Except as provided in paragraph (2), a 
        participant in the pilot program shall be responsible for all 
        costs, as determined by the Secretary, incurred in 
        participating in the pilot program.
            (2) Federal funding.--The Secretary may contribute funds 
        for a vegetation management project conducted under the pilot 
        program if the Secretary determines that the contribution is in 
        the public interest.
    (f) Liability.--
            (1) In general.--Participation in the pilot program shall 
        not affect any legal obligations or liability standards that--
                    (A) arise under the right-of-way for activities in 
                the right-of-way; or
                    (B) apply to fires resulting from causes other than 
                activities conducted pursuant to an approved vegetation 
                management project conducted under the pilot program.
            (2) Project work.--A participant in the pilot program shall 
        not be liable to the United States for damage proximately 
        caused by an activity conducted pursuant to an approved 
        vegetation management project conducted under the pilot 
        program, unless--
                    (A) the activity was carried out in a manner that 
                was grossly negligent or that violated criminal law; or
                    (B) the damage was caused by the failure of the 
                participant to comply with specific safety requirements 
                expressly imposed by the Forest Service as a condition 
                of participation in the pilot program.
    (g) Implementation.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall use the authority of the Secretary under other 
        laws (including regulations) to carry out the pilot program.
            (2) Modification of regulations.--In order to implement the 
        pilot program in an efficient and expeditious manner, the 
        Secretary may waive or modify specific provisions of the 
        Federal Acquisition Regulation, including waivers or 
        modifications to allow for the formation of contracts or 
        agreements on a noncompetitive basis.
    (h) Treatment of Proceeds.--Notwithstanding any other provision of 
law, the Secretary may--
            (1) retain any funds provided to the Forest Service by a 
        participant in the pilot program; and
            (2) use funds retained under paragraph (1), in such amounts 
        as may be appropriated, to carry out the pilot program.
    (i) Report to Congress.--Not later than December 31, 2019, and 
every 2 years thereafter through December 31, 2027, the Secretary shall 
submit a report describing the status of the pilot program and 
vegetation management projects conducted under the pilot program to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (3) the Committee on Natural Resources of the House of 
        Representatives; and
            (4) the Committee on Agriculture of the House of 
        Representatives.
    (j) Duration.--The authority to carry out the pilot program, 
including any vegetation management project conducted under the pilot 
program, expires on December 31, 2027.
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