§ 2805.21 What is an operating plan or agreement for electric transmission and distribution and other rights-of-way? ( a ) *Operating plans or agreements.* An operating plan or agreement: ( 1 ) Is required for all new, renewed, and amended powerline rights-of-way (see section 2804.25(c)(2)); and
( 2 ) May be submitted on a voluntary basis by: ( i ) Holders of powerline rights-of-way not subject to Section (a)(1); and
( ii ) Holders of rights-of-way other than powerline rights-of-way.
( b ) *Electric Reliability Organization (ERO) standards:* Holders subject to mandatory reliability standards established by the ERO (or superseding standards) may use those standards as part of the operating plan or agreement.
( c ) *Plan requirements:* An operating plan or agreement must: ( 1 ) Identify the applicable transmission or distribution facilities to be maintained;
( 2 ) Take into account the holder's own operations and maintenance plans for the applicable right-of-way;
( 3 ) Include vegetation management, inspection, operation and maintenance, and fire prevention plans, including methods to comply with applicable law, such as fire safety requirements and reliability standards established by the ERO;
( 4 ) Include schedules for: ( i ) The holder to notify the BLM about routine and major maintenance;
( ii ) The holder to request approval from the BLM to undertake routine and major maintenance; and
( iii ) The BLM to respond to a request by a holder under paragraph (c)(4)(ii) of this section;
( 5 ) Describe processes for: ( i ) Identifying changes in conditions; and
( ii ) Modifying the approved operating plan or agreement, if necessary; and
( 6 ) Provide for the disposition of cut trees and branches, including plans for sale of forest products.
( d ) *Plan approval.* The BLM will, to the extent practicable, review and decide whether to approve an operating plan or agreement within 120 days.
( e ) *Operating plan or agreement modifications:* The BLM may notify a holder that changed conditions warrant a modification to the operating plan or agreement. ( 1 ) The BLM will provide advance reasonable notice that the holder must submit an operating plan or agreement modification.
( 2 ) The holder must submit a proposed operating plan or agreement modification to the BLM to address the changed condition identified by the BLM.
( 3 ) The BLM will, to the extent practicable, review and approve modifications in the same 120-day timeframe that applies to the initial submission of an operating plan or agreement.
( 4 ) The holder may continue to implement any element of an approved operating plan or agreement that does not directly and adversely affect the condition precipitating the need for modification.
( f ) *Agreements in lieu of an operating plan:* Certain holders meeting the requirements described in paragraph (g) of this section may enter into an agreement with the BLM in lieu of an operating plan.
( g ) *Eligibility to enter into an agreement:* Holders of a right-of-way for an electric transmission or distribution facility are eligible to enter into an agreement with the BLM if they: ( 1 ) Are not subject to the mandatory reliability standards established by the ERO; or
( 2 ) Sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years prior to submitting a request to enter into an agreement to the BLM.
[89 FR 25963, Apr. 12, 2024]