National Forest System Vegetation Management Pilot Program Act of 2017

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.
    (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.

            Passed the House of Representatives October 31, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: National Forest System Vegetation Management Pilot Program Act of 2017 This bill directs the Department of Agriculture (USDA) to conduct a limited, voluntary pilot program to permit vegetation management projects on National Forest System (NFS) land adjacent to rights-of-way to better protect utility infrastructure from potential passing wildfires. Program participants must have a right-of-way on NFS land. USDA 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. Vegetation management projects will involve limited and selective vegetation management activities, which: shall create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires. May include thinning, fuel reduction, and creation and treatment of shaded fuel breaks. Must only take place adjacent to the participant's right-of-way or within 75 feet of it. Must not take place in any designated wilderness area, wilderness study area, or inventoried roadless area. And shall be subject to approval by the Forest Service. Participants shall not be held liable to the federal government for damage that was proximately caused by activities conducted pursuant to an approved vegetation management project, unless: such activities were carried out in a manner that was grossly negligent or that was in violation of criminal law, or the damage was caused by the participant's failure to comply with the specific safety requirements imposed by the Forest Service as a condition of participation in the pilot program. In order to implement the pilot program in an efficient and expeditious manner, USDA may waive or modify specific provisions of the Federal Acquisition Regulation, including to allow for the development of contracts or agreements on a noncompetitive basis. USDA may: retain any funds provided to the Forest Service by participants in the pilot program, and use such funds to conduct such program. The bill states that the authority to conduct the pilot program and any vegetation management projects under such program will expire on December 21, 2027.