[Congressional Record Volume 163, Number 176 (Tuesday, October 31, 2017)]
[House]
[Pages H8280-H8282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIONAL FOREST SYSTEM VEGETATION MANAGEMENT PILOT PROGRAM ACT OF 2017

  Mr. CRAWFORD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2921) to establish a vegetation management pilot program on 
National Forest System land to better protect utility infrastructure 
from passing wildfire, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2921

       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) Pilot Program Required.--To encourage owners or 
     operators of rights-of-way on National Forest System land to 
     partner with the Forest Service to voluntarily perform 
     vegetation management on a proactive basis to better protect 
     utility infrastructure from potential passing wildfires, the 
     Secretary shall conduct a limited, voluntary pilot program, 
     in the manner described in this section, to permit vegetation 
     management projects on National Forest System land adjacent 
     to or near such rights-of-way.
       (b) Eligible Participants.--A participant in the pilot 
     program must have a right-of-way on National Forest System 
     land. In selecting participants, the Secretary shall give 
     priority to holders of a right-of-way who have worked with 
     Forest Service fire scientists and used technologies, such as 
     Light Detection and Ranging surveys, to improve utility 
     infrastructure protection prescriptions.
       (c) Project Elements.--A vegetation management project 
     under the pilot program involves limited and selective 
     vegetation management activities, which--
       (1) shall create the least amount of disturbance reasonably 
     necessary to protect utility infrastructure from passing 
     wildfires based on applicable models, including Forest 
     Service fuel models;
       (2) may include thinning, fuel reduction, creation and 
     treatment of shaded fuel breaks, and other measures as 
     appropriate;
       (3) shall only take place adjacent to the participant's 
     right-of-way or within 75 feet of the participant's right-of-
     way;
       (4) shall not take place in any designated wilderness area, 
     wilderness study area, or inventoried roadless area; and
       (5) shall be subject to approval by the Forest Service in 
     accordance with this Act.
       (d) Project Costs.--A participant in the pilot program 
     shall be responsible for all costs, as determined by the 
     Secretary, incurred in participating in the pilot program, 
     unless the Secretary determines that it is in the public 
     interest for the Forest Service to contribute funds for a 
     vegetation management project conducted under the pilot 
     program.

[[Page H8281]]

       (e) Liability.--
       (1) In general.--Participation in the pilot program does 
     not affect any existing 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.
       (2) Project work.--A participant shall not be liable to the 
     United States for damage proximately caused by activities 
     conducted pursuant to an approved vegetation management 
     project unless--
       (A) such activities were 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 participating in the 
     pilot program.
       (f) Implementation.--The Secretary shall utilize existing 
     laws and regulations in the conduct of the pilot program and, 
     in order to implement the pilot program in an efficient and 
     expeditious manner, may waive or modify specific provisions 
     of the Federal Acquisition Regulation, including 
     modifications to allow for formation of contracts or 
     agreements on a noncompetitive basis.
       (g) 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 such funds, in such amounts as may be appropriated, 
     in the conduct of the pilot program.
       (h) Definitions.--In this section:
       (1) National forest system land.--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)) exclusive of the National Grasslands and land 
     utilization projects designated as National Grasslands 
     administered pursuant to the Act of July 22, 1937 (7 U.S.C. 
     1010-1012).
       (2) Passing wildfire.--The term ``passing wildfire'' means 
     a wildfire that originates outside the right-of-way.
       (3) Right-of-way.--The term ``right-of-way'' means a 
     special use authorization issued by the Forest Service 
     allowing the placement of utility infrastructure.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Utility infrastructure.--The term ``utility 
     infrastructure'' means electric transmission lines, natural 
     gas infrastructure, or related structures.
       (i) Duration.--The authority to conduct the pilot program, 
     and any vegetation management project under the pilot 
     program, expires December 21, 2027.
       (j) Report to Congress.--Not later than December 31, 2019, 
     and every two years thereafter, the Secretary shall issue a 
     report to the Committee on Energy and Natural Resources of 
     the Senate, the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, the Committee on Natural Resources of 
     the House of Representatives, and the Committee on 
     Agriculture of the House of Representatives on the status of 
     the program and any projects established under this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Crawford) and the gentlewoman from Ohio (Ms. Fudge) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. CRAWFORD. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2921, the National Forest 
System Vegetation Management Pilot Program Act of 2017. This 
legislation authorizes the U.S. Forest Service to create a pilot 
program to assist in the management of our Federal forests to reduce 
wildfire risk and associated costs. These management pilot projects are 
approved by the Forest Service, but will be conducted and paid for by 
the private sector.
  This collaborative approach will ensure a more stable power grid for 
Americans in rural areas. Deteriorating forest health is a problem felt 
across the United States, particularly in the West. This has resulted 
in increased fire threats to the electric transmission and associated 
utility infrastructures across the Forest Service land.
  The Government Accountability Office has found that fuel reduction 
treatment projects reduce flammable vegetation, minimize the severity 
of wildland fires, create landscape resiliency to fire, and provide 
firefighter access during fire suppression activities.
  Utility infrastructure destroyed by a fire or a fallen dead tree is 
costly to repair or replace, and outages can result in significant 
economic costs to businesses and homes.
  Mr. Speaker, I urge my colleagues to support this legislation to 
allow utilities to collaborate with the Forest Service to keep the 
lights on in rural communities, and I reserve the balance of my time.
  Ms. FUDGE. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 2921, the National Forest System 
Vegetation Management Pilot Program Act of 2017.
  Mr. Speaker, H.R. 2921 is a bipartisan bill that would help protect 
electric transmission lines from forest fires and other potential 
forest management issues. The bill creates voluntary pilot project 
authority for the U.S. Forest Service to partner with the private 
sector to proactively undertake limited and selective vegetation 
management projects near utility infrastructure.
  These pilot projects include, but are not limited to, things like 
tree thinning and fuel reduction, which would help to alleviate some of 
the risk of forest fires and enhance electric reliability.
  H.R. 2921 requires that all projects comply with existing 
environmental laws.
  Mr. Speaker, I urge my colleagues to vote ``yes,'' and I yield back 
the balance of my time.
  Mr. CRAWFORD. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Dakota (Mr. Cramer).
  Mr. CRAMER. Mr. Speaker, I thank the gentleman for yielding.
  It is no secret that a reliable supply of electricity is important to 
us on many levels, from human health, and, of course, to commercial 
productivity.
  As a former public service commissioner, I can tell you that one of 
the main reasons for large outages is trees growing in power lines. And 
one of the reasons for forest fires, oftentimes, is power lines falling 
in the forest. Fires get to the power lines; power lines create fires. 
This bill, I think, helps alleviate some of that.
  With consumers and regulators demanding, of course, reliable service, 
and a utility company's natural incentive to keep the sale of electrons 
flowing, vegetation management has improved tremendously over the 
years. However, deep within the lands that are managed by our Federal 
agencies, the potential for problems persists.
  My bill creates a pilot program, as the chairman described, for 
utility companies to partner with the Forest Service to voluntarily 
perform vegetation management proactively. Under Forest Service 
approval, utilities can propose a plan to selectively manage vegetation 
within 75 feet of the right-of-way with the least amount of 
disturbances as reasonably possible, and outside of designated 
wilderness areas is a very important point.
  All of that work would be paid for by the utility company, not by the 
Federal Government. Currently, this offer of right-of-way work is the 
responsibility of the government, and with a strict liability standard, 
Mr. Speaker, to any utility company to step in and help. There is not 
an incentive--in fact, there is a disincentive for them to do so. So 
under the pilot program, these activities will be subject to a more 
appropriate standard of liability, a gross negligence standard, along 
with any specific safety requirements imposed under the programs in 
agreement with the Forest Service.
  It removes the barrier for utility companies to carry out this 
important work not currently being done by them, to reduce direct 
impacts to damage utility infrastructure, and the amount of fuel for 
possible forest fires.
  There is a lot of bipartisan support for this. I appreciate my 
friends in the more mountainous and more forested regions than the 
prairies of North Dakota on both side of the aisle. I know there is 
good support in the Senate as well.
  Mr. Speaker, I urge all of my colleagues to support this important 
bill.
  Mr. CRAWFORD. Mr. Speaker, I urge all Members to support the passage 
of H.R. 2921, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by

[[Page H8282]]

the gentleman from Arkansas (Mr. Crawford) that the House suspend the 
rules and pass the bill, H.R. 2921.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________