IIB 
115TH CONGRESS 
1ST SESSION H. R. 2921 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 1, 2017 
Received; read twice and referred to the Committee on Agriculture, Nutrition, 
and Forestry 
AN ACT 
To establish a vegetation management pilot program on Na-
tional Forest System land to better protect utility infra-
structure from passing wildfire, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Forest Sys-
tem Vegetation Management Pilot Program Act of 2017’’. 
SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGE-
TATION 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 volun-
tarily perform vegetation management on a proactive basis 
to better protect utility infrastructure from potential pass-
ing wildfires, the Secretary shall conduct a limited, vol-
untary pilot program, in the manner described in this sec-
tion, to permit vegetation management projects on Na-
tional 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 For-
est 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 tech-
nologies, 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 selec-
tive vegetation management activities, which— 
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(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, cre-
ation and treatment of shaded fuel breaks, and other 
measures as appropriate; 
(3) shall only take place adjacent to the partici-
pant’s right-of-way or within 75 feet of the partici-
pant’s right-of-way; 
(4) shall not take place in any designated wil-
derness 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 pro-
gram shall be responsible for all costs, as determined by 
the Secretary, incurred in participating in the pilot pro-
gram, 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.— 
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(1) IN
GENERAL.—Participation in the pilot 
program does not affect any existing legal obliga-
tions or liability standards that— 
(A) arise under the right-of-way for activi-
ties 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 ap-
proved vegetation management project unless— 
(A) such activities were carried out in a 
manner that was grossly negligent or that vio-
lated 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, 
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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 Renew-
able 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 For-
est Service allowing the placement of utility infra-
structure. 
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(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 struc-
tures. 
(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 Decem-
ber 31, 2019, and every two years thereafter, the Sec-
retary 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 Rep-
resentatives, 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. 
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