Puspan. L. 115–334, title VIII, § 8630, Dec. 20, 2018, 132 Stat. 4865, provided that:
1 So in original. Probably should be “management,”.
facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way1 So in original.
Statutory Notes and Related Subsidiaries
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 [of Agriculture] under subsection (span).
“(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)Utility infrastructure.—The term ‘utility infrastructure’ means electric transmission lines, natural gas infrastructure, or related structures.
“(span)Establishment.—
“(1)In general.—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 may 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 those rights-of-way.
“(2)Application.—The pilot program shall not apply in a right-of-way described in paragraph (1).
“(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 developed the utility infrastructure protection prescriptions of the owner or operator in coordination with Forest Service fire scientists or fire managers.
“(d)Vegetation Management Projects.—
“(1)In general.—A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that—
“(A) shall create the least ground disturbance and least disturbance to wildlife reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models;
“(B) may include thinning and treatment of surface fuels, ladder fuels, and activity fuels to create or maintain shaded fuel breaks or other appropriate measures recommended by Forest Service fire scientists or fire managers;
“(C)
(i) shall only be conducted on National Forest System land; and
“(ii) shall not—
“(I) extend for more than 150 feet from the electric transmission line for which the applicable participant has a right-of-way; or
“(II) comprise an overall width, for both sides of that electric transmission line, that totals more than 200 feet; and
“(D) shall not be conducted on—
“(i) a component of the National Wilderness Preservation System;
“(ii) a designated wilderness study area;
“(iii) an inventoried roadless area; or
“(iv) Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited.
“(2)Approval.—Each vegetation management project described in paragraph (1) shall be subject to approval by the Forest Service in accordance with this section.
“(3)Fire prevention.—In carrying out a vegetation management project under the pilot program, a participant shall adhere to—
“(A) Forest Service regulations relating to spark arresting devices;
“(B) Forest Service regulations limiting and prohibiting certain activities conducted by contractors in an area, based on weather conditions and fire danger;
“(C) Forest Service regulations that apply to contractors removing vegetation on National Forest System land pursuant to a timber sale or stewardship contract, including regulations relating to—
“(i) protection of residual trees and timber damaged by contractors;
“(ii) protection measures needed for plants, animals, cultural resources, and cave resources;
“(iii) streamcourse protection and erosion control;
“(iv) fire plans, precautions, and precautionary periods;
“(v) fire suppression costs; and
“(vi) employment of eligible workers; and
“(D) State regulations relating to the prevention of wildfires and contractors removing vegetation.
“(4)Treatment of slash.—In carrying out a vegetation management project under the pilot program, a participant shall treat any activity fuels in a manner that—
“(A) is satisfactory to the Forest Service;
“(B) does not result in a fire hazard; and
“(C) reduces the risk of an insect or disease outbreak.
“(e)Project Costs.—
“(1)In general.—Except as provided in paragraph (2) and subsection (f)(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)Activities within rights-of-way.—Participation in the pilot program shall not affect any legal obligations or liability standards that arise under the right-of-way for activities in the right-of-way.
“(2)Wildfires.—
“(A)Operations fires.—
“(i)In general.—With respect to fire suppression costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation or activity of a participant described in subparagraph (B) or (C)), the participant shall reimburse the Forest Service for those costs, subject to a maximum dollar amount to which the Forest Service and the participant shall agree prior to the commencement of the project.
“(ii)Credit for actions by participants.—
“(I)In general.—If a participant in the pilot program provides actions, supplies, or equipment for use to suppress a wildfire described in clause (i) or at the request of the Forest Service, the cost of those actions, supplies, or equipment shall be credited toward the maximum dollar amount described in that clause.
“(II)Reimbursement.—If the actual cost of a participant described in subclause (I) exceeds the maximum dollar amount described in clause (i), the Forest Service shall reimburse the participant for the excess.
“(B)Negligent fires.—
“(i)In general.—Subject to clause (ii), if a wildfire is caused by the negligence of a participant in the pilot program, or an agent of the participant, including a wildfire caused by smoking by persons engaged in the operations of the participant, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire.
“(ii)Limitation.—Except as provided in clause (iii), the costs borne by a participant under clause (i) shall not exceed $500,000.
“(iii)Failure to comply.—If the start or spread of a wildfire described in clause (i) is caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of conducting a vegetation management project under the pilot program or by this section, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire.
“(C)Exceptions.—This paragraph shall not apply in the case of a wildfire caused by the felling of a tree by a participant in the pilot program, or an agent of the participant, onto an electric transmission line.
“(3)Effect.—Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject—
“(A) under State laws; or
“(B) with regard to damages to property other than Forest Service property.
“(g)Implementation.—
“(1)In general.—Except as provided in paragraph (3), the Secretary shall use the authority of the Secretary under other laws (including regulations) to carry out the pilot program.
“(2)Compliance with existing laws.—Except as provided in paragraph (3), a vegetation management project under the pilot program shall be—
“(A) consistent with the applicable land management plan for the area in which the project is located; and
“(B) carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(3)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, 2020, and 2 years thereafter, 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 Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and
“(2) the Committees on Agriculture and Natural Resources 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 October 1, 2023.”