I 

116TH CONGRESS 

2D SESSION H. R. 5744 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2020 

Mr. LAMALFA 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 rightsof-way, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clearing Lines along 

5 Electrical At-Risk Zones Act’’. 


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1 SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, 

2 AND OPERATION AND MAINTENANCE RELAT3 ING TO ELECTRIC TRANSMISSION AND DIS4 TRIBUTION FACILITY RIGHTS OF WAY. 

5 (a) HAZARD TREES WITHIN 50 FEET OF ELECTRIC

6 POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 

7 Land Policy and Management Act of 1976 (43 U.S.C. 

8 1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in9 serting ‘‘50’’. 

10 (b) CONSULTATION WITH PRIVATE LANDOWNERS.— 

11 Section 512(c)(3)(E) of the Federal Land Policy and 

12 Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 

13 amended— 

14 (1) in clause (i), by striking ‘‘and’’ at the end; 

15 (2) in clause (ii), by striking the period and in16 serting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(iii) consulting with private land19 owners with respect to any hazard trees 

20 identified for removal from land owned by 

21 such private landowners.’’. 

22 (c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 

23 of section 512(c)(4)(A) of the Federal Land Policy and 

24 Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 

25 amended to read as follows: 

26 ‘‘(iv) ensures that— 


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1 ‘‘(I) a plan submitted without a 

2 modification under clause (iii) shall be 

3 automatically approved 60 days after 

4 review; and 

5 ‘‘(II) a plan submitted with a 

6 modification under clause (iii) shall be 

7 automatically approved 67 days after 

8 review.’’. 

9 SEC. 3. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY 

10 LINES RIGHTS-OF-WAY. 

11 (a) SECRETARY CONCERNED DEFINED.—The term 

12 ‘‘Secretary concerned’’ means— 

13 (1) the Secretary of Agriculture, with respect to 

14 National Forest System lands; and 

15 (2) the Secretary of the Interior, with respect 

16 to public lands. 

17 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For18 est management activities described in subsection (c) are 

19 a category of activities designated as being categorically 

20 excluded from the preparation of an environmental assess21 ment or an environmental impact statement under section 

22 102 of the National Environmental Policy Act of 1969 (42 

23 U.S.C. 4332). 

24 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED

25 FOR CATEGORICAL EXCLUSION.—The forest management 


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1 activities designated as being categorically excluded under 

2 subsection (b) are— 

3 (1) the development and approval of a vegeta4 tion management, facility inspection, and operation 

5 and maintenance plan submitted under section 

6 512(c)(1) of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 

8 Secretary concerned; and 

9 (2) the implementation of routine activities con10 ducted under the plan referred to in paragraph (1). 

11 (d) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

12 On and after the date of the enactment of this Act, the 

13 Secretary concerned may use the categorical exclusion es14 tablished under subsection (b) in accordance with this sec15 tion. 

16 (e) EXTRAORDINARY CIRCUMSTANCES.—Use of the 

17 categorical exclusion established under subsection (b) shall 

18 not be subject to the extraordinary circumstances proce19 dures in section 220.6, title 36, Code of Federal Regula20 tions, or section 1508.4, title 40, Code of Federal Regula21 tions. 

22 (f) EXCLUSION OF CERTAIN AREAS.—The categor23 ical exclusion established under subsection (b) shall not 

24 apply to any forest management activity conducted— 


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1 (1) in a component of the National Wilderness 

2 Preservation System; or 

3 (2) on National Forest System lands on which, 

4 by Act of Congress, the removal of vegetation is re5 stricted or prohibited. 

6 (g) PERMANENT ROADS.— 

7 (1) PROHIBITION ON ESTABLISHMENT.—A for8 est management activity designated under subsection 

9 (c) shall not include the establishment of a perma10 nent road. 

11 (2) EXISTING ROADS.—The Secretary con12 cerned may carry out necessary maintenance and re13 pair on an existing permanent road for the purposes 

14 of conducting a forest management activity des15 ignated under subsection (c). 

16 (3) TEMPORARY ROADS.—The Secretary con17 cerned shall decommission any temporary road con18 structed for a forest management activity designated 

19 under subsection (c) not later than 3 years after the 

20 date on which the action is completed. 

21 (h) APPLICABLE LAWS.—A forest management activ22 ity designated under subsection (c) shall not be subject 

23 to section 7 of the Endangered Species Act of 1973 (16 


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1 U.S.C. 1536), section 106 of the National Historic Preser2 vation Act, or any other applicable law. 

Æ 


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