II 

115TH CONGRESS 

1ST SESSION S. 2073 

To establish a vegetation management pilot program on National Forest 

System land to better protect utility infrastructure from passing wildfire, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2017 

Mr. BENNET (for himself, Mr. GARDNER, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To establish a vegetation management pilot program on National Forest System land to better protect utility infrastructure from passing wildfire, 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 ‘‘National Forest Sys5 tem Vegetation Management Pilot Program Act of 2017’’. 

6 SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGE7 TATION MANAGEMENT PILOT PROGRAM. 

8 (a) DEFINITIONS.—In this section: 

9 (1) NATIONAL FOREST SYSTEM LAND.— 


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1 (A) IN GENERAL.—The term ‘‘National 

2 Forest System land’’ means land within the Na3 tional Forest System, as defined in section 

4 11(a) of the Forest and Rangeland Renewable 

5 Resources Planning Act of 1974 (16 U.S.C. 

6 1609(a)). 

7 (B) EXCLUSIONS.—The term ‘‘National 

8 Forest System land’’ does not include— 

9 (i) a National Grassland; or 

10 (ii) a land utilization project on land 

11 designated as a National Grassland and 

12 administered pursuant to sections 31, 32, 

13 and 33 of the Bankhead-Jones Farm Ten14 ant Act (7 U.S.C. 1010, 1011, 1012). 

15 (2) PASSING WILDFIRE.—The term ‘‘passing 

16 wildfire’’ means a wildfire that originates outside of 

17 a right-of-way. 

18 (3) PILOT PROGRAM.—The term ‘‘pilot pro19 gram’’ means the pilot program established by the 

20 Secretary under subsection (b). 

21 (4) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 

22 means a special use authorization issued by the For23 est Service allowing the placement of utility infra24 structure. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture. 

3 (6) UTILITY INFRASTRUCTURE.—The term 

4 ‘‘utility infrastructure’’ means electric transmission 

5 lines, natural gas infrastructure, or related struc6 tures. 

7 (b) ESTABLISHMENT.—To encourage owners or oper8 ators of rights-of-way on National Forest System land to 

9 partner with the Forest Service to voluntarily conduct 

10 vegetation management projects on a proactive basis to 

11 better protect utility infrastructure from potential passing 

12 wildfires, the Secretary shall establish a limited, voluntary 

13 pilot program, in the manner described in this section, to 

14 conduct vegetation management projects on National For15 est System land adjacent to or near those rights-of-way. 

16 (c) ELIGIBLE PARTICIPANTS.— 

17 (1) IN GENERAL.—A participant in the pilot 

18 program shall be the owner or operator of a right19 of-way on National Forest System land. 

20 (2) SELECTION PRIORITY.—In selecting partici21 pants for the pilot program, the Secretary shall give 

22 priority to an owner or operator of a right-of-way 

23 that has worked with Forest Service fire scientists 

24 and used technologies, such as light detection and 


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1 ranging surveys, to improve utility infrastructure 

2 protection prescriptions. 

3 (d) VEGETATION MANAGEMENT PROJECTS.— 

4 (1) IN GENERAL.—A vegetation management 

5 project conducted under the pilot program shall in6 volve only limited and selective vegetation manage7 ment activities that— 

8 (A) shall create the least disturbance rea9 sonably necessary to protect utility infrastruc10 ture from passing wildfires based on applicable 

11 models, including Forest Service fuel models; 

12 (B) may include thinning, fuel reduction, 

13 creation and treatment of shaded fuel breaks, 

14 and other appropriate measures; 

15 (C) shall only be conducted on National 

16 Forest System land— 

17 (i) adjacent to the right-of-way of a 

18 participant; or 

19 (ii) within 75 feet of the right-of-way 

20 of a participant; and 

21 (D) shall not be conducted on— 

22 (i) a component of the National Wil23 derness Preservation System; 

24 (ii) a designated wilderness study 

25 area; or 


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1 (iii) an inventoried roadless area. 

2 (2) APPROVAL.—Each vegetation management 

3 project described in paragraph (1) (including each 

4 vegetation management activity described in sub5 paragraphs (A) through (D) of that paragraph) shall 

6 be subject to approval by the Forest Service in ac7 cordance with this section. 

8 (e) PROJECT COSTS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), a participant in the pilot program shall 

11 be responsible for all costs, as determined by the 

12 Secretary, incurred in participating in the pilot pro13 gram. 

14 (2) FEDERAL FUNDING.—The Secretary may 

15 contribute funds for a vegetation management 

16 project conducted under the pilot program if the 

17 Secretary determines that the contribution is in the 

18 public interest. 

19 (f) LIABILITY.— 

20 (1) IN GENERAL.—Participation in the pilot 

21 program shall not affect any legal obligations or li22 ability standards that— 

23 (A) arise under the right-of-way for activi24 ties in the right-of-way; or 


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1 (B) apply to fires resulting from causes 

2 other than activities conducted pursuant to an 

3 approved vegetation management project con4 ducted under the pilot program. 

5 (2) PROJECT WORK.—A participant in the pilot 

6 program shall not be liable to the United States for 

7 damage proximately caused by an activity conducted 

8 pursuant to an approved vegetation management 

9 project conducted under the pilot program, unless— 

10 (A) the activity was carried out in a man11 ner that was grossly negligent or that violated 

12 criminal law; or 

13 (B) the damage was caused by the failure 

14 of the participant to comply with specific safety 

15 requirements expressly imposed by the Forest 

16 Service as a condition of participation in the 

17 pilot program. 

18 (g) IMPLEMENTATION.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary shall use the authority of 

21 the Secretary under other laws (including regula22 tions) to carry out the pilot program. 

23 (2) MODIFICATION OF REGULATIONS.—In order 

24 to implement the pilot program in an efficient and 

25 expeditious manner, the Secretary may waive or 


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1 modify specific provisions of the Federal Acquisition 

2 Regulation, including waivers or modifications to 

3 allow for the formation of contracts or agreements 

4 on a noncompetitive basis. 

5 (h) TREATMENT OF PROCEEDS.—Notwithstanding 

6 any other provision of law, the Secretary may— 

7 (1) retain any funds provided to the Forest 

8 Service by a participant in the pilot program; and 

9 (2) use funds retained under paragraph (1), in 

10 such amounts as may be appropriated, to carry out 

11 the pilot program. 

12 (i) REPORT TO CONGRESS.—Not later than Decem13 ber 31, 2019, and every 2 years thereafter through De14 cember 31, 2027, the Secretary shall submit a report de15 scribing the status of the pilot program and vegetation 

16 management projects conducted under the pilot program 

17 to— 

18 (1) the Committee on Energy and Natural Re19 sources of the Senate; 

20 (2) the Committee on Agriculture, Nutrition, 

21 and Forestry of the Senate; 

22 (3) the Committee on Natural Resources of the 

23 House of Representatives; and 

24 (4) the Committee on Agriculture of the House 

25 of Representatives. 


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1 (j) DURATION.—The authority to carry out the pilot 

2 program, including any vegetation management project 

3 conducted under the pilot program, expires on December 

4 31, 2027. 

Æ 


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