National Forest System Vegetation Management Pilot Program Act of 2017

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. Short title This Act may be cited as the National Forest System Vegetation Management Pilot Program Act of 2017 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 16 U.S.C. 1609(a) 7 U.S.C. 1010–1012 (2) Passing wildfire The term passing wildfire (3) Right-of-way The term right-of-way (4) Secretary The term Secretary (5) Utility infrastructure The term utility infrastructure (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. October 19, 2017 Reported from the Committee on Agriculture October 19, 2017 The Committee on Natural Resources

Summary: National Forest System Vegetation Management Pilot Program Act of 2017 (Sec. 2) 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.