[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 940 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 940

  To establish a categorical exclusion for electric utility rights-of-
                      way, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2021

  Mr. LaMalfa (for himself and Mr. Newhouse) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To establish a categorical exclusion for electric utility rights-of-
                      way, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clearing Lines along Electrical At-
Risk Zones Act''.

SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND 
              MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS OF WAY.

    (a) Hazard Trees Within 50 Feet of Electric Power Line.--Section 
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and 
inserting ``50''.
    (b) Consultation With Private Landowners.--Section 512(c)(3)(E) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1772(c)(3)(E)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) consulting with private landowners 
                        with respect to any hazard trees identified for 
                        removal from land owned by such private 
                        landowners.''.
    (c) Review and Approval Process.--Clause (iv) of section 
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
                            ``(iv) ensures that--
                                    ``(I) a plan submitted without a 
                                modification under clause (iii) shall 
                                be automatically approved 60 days after 
                                review; and
                                    ``(II) a plan submitted with a 
                                modification under clause (iii) shall 
                                be automatically approved 67 days after 
                                review.''.

SEC. 3. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-WAY.

    (a) Secretary Concerned Defined.--The term ``Secretary concerned'' 
means--
            (1) the Secretary of Agriculture, with respect to National 
        Forest System lands; and
            (2) the Secretary of the Interior, with respect to public 
        lands.
    (b) Categorical Exclusion Established.--Forest management 
activities described in subsection (c) are a category of activities 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (c) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated as being 
categorically excluded under subsection (b) are--
            (1) the development and approval of a vegetation 
        management, facility inspection, and operation and maintenance 
        plan submitted under section 512(c)(1) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the 
        Secretary concerned; and
            (2) the implementation of routine activities conducted 
        under the plan referred to in paragraph (1).
    (d) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (b) in accordance 
with this section.
    (e) Extraordinary Circumstances.--Use of the categorical exclusion 
established under subsection (b) shall not be subject to the 
extraordinary circumstances procedures in section 220.6, title 36, Code 
of Federal Regulations, or section 1508.4, title 40, Code of Federal 
Regulations.
    (f) Exclusion of Certain Areas.--The categorical exclusion 
established under subsection (b) shall not apply to any forest 
management activity conducted--
            (1) in a component of the National Wilderness Preservation 
        System; or
            (2) on National Forest System lands on which, by Act of 
        Congress, the removal of vegetation is restricted or 
        prohibited.
    (g) Permanent Roads.--
            (1) Prohibition on establishment.--A forest management 
        activity designated under subsection (c) shall not include the 
        establishment of a permanent road.
            (2) Existing roads.--The Secretary concerned may carry out 
        necessary maintenance and repair on an existing permanent road 
        for the purposes of conducting a forest management activity 
        designated under subsection (c).
            (3) Temporary roads.--The Secretary concerned shall 
        decommission any temporary road constructed for a forest 
        management activity designated under subsection (c) not later 
        than 3 years after the date on which the action is completed.
    (h) Applicable Laws.--A forest management activity designated under 
subsection (c) shall not be subject to section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National 
Historic Preservation Act, or any other applicable law.
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