(a)(2). The Secretaries shall not have the authority to 
modify those requirements. 
‘‘(2) REVIEW
AND
APPROVAL
PROCESS.—The 
Secretary and the Secretary of Agriculture shall joint-
ly develop a consolidated and coordinated process for 
review and approval of— 
‘‘(A) vegetation management, facility in-
spection, and operation and maintenance plans 
submitted under paragraph (1) that— 
‘‘(i) assures prompt review and ap-
proval not to exceed 90 days; 
‘‘(ii) includes timelines and bench-
marks for agency comments to submitted 
plans and final approval of such plans; 
‘‘(iii) is consistent with applicable law; 
and 
‘‘(iv) minimizes the costs of the process 
to the reviewing agency and the entity sub-
mitting the plans; and 
‘‘(B) amendments to the plans in a prompt 
manner if changed conditions necessitate a modi-
fication to a plan. 
‘‘(3) NOTIFICATION.—The review and approval 
process under paragraph (2) shall— 
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‘‘(A) include notification by the agency of 
any changed conditions that warrant a modi-
fication to a plan; 
‘‘(B) provide an opportunity for the owner 
or operator to submit a proposed plan amend-
ment to address directly the changed condition; 
and 
‘‘(C) allow the owner or operator to con-
tinue to implement those elements of the ap-
proved plan that do not directly and adversely 
affect the condition precipitating the need for 
modification. 
‘‘(4) CATEGORICAL
EXCLUSION
PROCESS.—The 
Secretary and the Secretary of Agriculture shall 
apply his or her categorical exclusion process under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to plans developed under this 
subsection on existing transmission and distribution 
rights-of-way under this subsection. 
‘‘(5) IMPLEMENTATION.—A plan approved under 
this subsection shall become part of the authorization 
governing the covered right-of-way and hazard trees 
adjacent to the right-of-way. If a vegetation manage-
ment plan is proposed for an existing transmission 
and distribution facility concurrent with the siting of 
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a new transmission or distribution facility, necessary 
reviews shall be completed as part of the siting proc-
ess or sooner. Once the plan is approved, the owner 
or operator shall provide the agency with only a noti-
fication of activities anticipated to be undertaken in 
the coming year, a description of those activities, and 
certification that the activities are in accordance with 
the plan. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) VEGETATION MANAGEMENT, FACILITY 
INSPECTION, AND OPERATION AND MAINTENANCE 
PLAN.—The term ‘vegetation management, facil-
ity inspection, and operation and maintenance 
plan’ means a plan that— 
‘‘(i) is prepared by the owner or oper-
ator of one or more electrical transmission 
or distribution facilities to cover one or 
more electric transmission and distribution 
rights-of-way; and 
‘‘(ii) provides for the long-term, cost-ef-
fective, efficient and timely management of 
facilities and vegetation within the width of 
the right-of-way and adjacent Federal lands 
to enhance electricity reliability, promote 
public safety, and avoid fire hazards. 
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‘‘(B) OWNER
OR
OPERATOR.—The terms 
‘owner’ and ‘operator’ include contractors or 
other agents engaged by the owner or operator of 
a facility. 
‘‘(C) HAZARD
TREE.—The term ‘hazard 
tree’ means any tree inside the right-of-way or 
located outside the right-of-way that has been 
found by the either the owner or operator of a 
transmission or distribution facility, or the Sec-
retary or the Secretary of Agriculture, to be like-
ly to fail and cause a high risk of injury, dam-
age, or disruption within 10 feet or less of an 
electric power line or related structure if it fell. 
‘‘(c) RESPONSE TO EMERGENCY CONDITIONS.—If vege-
tation on Federal lands within, or hazard trees on Federal 
lands adjacent to, an electrical transmission or distribution 
right-of-way granted by the Secretary or the Secretary of 
Agriculture has contacted or is in imminent danger of con-
tacting one or more electric transmission or distribution 
lines, the owner or operator of the transmission or distribu-
tion lines— 
‘‘(1) may prune or remove the vegetation to 
avoid the disruption of electric service and risk of 
fire; and 
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‘‘(2) shall notify the appropriate local agent of 
the relevant Secretary not later than 24 hours after 
such removal. 
‘‘(d) COMPLIANCE WITH APPLICABLE RELIABILITY 
AND SAFETY STANDARDS.—If vegetation on Federal lands 
within or adjacent to an electrical transmission or distribu-
tion right-of-way under the jurisdiction of each Secretary 
does not meet clearance requirements under standards es-
tablished by the North American Electric Reliability Cor-
poration, or by State and local authorities, and the Sec-
retary having jurisdiction over the lands has failed to act 
to allow a transmission or distribution facility owner or 
operator to conduct vegetation management activities with-
in 3 business days after receiving a request to allow such 
activities, the owner or operator may, after notifying the 
Secretary, conduct such vegetation management activities 
to meet those clearance requirements. 
‘‘(e) REPORTING REQUIREMENT.—The Secretary or 
Secretary of Agriculture shall report requests and actions 
made under subsections (c) and (d) annually on each Sec-
retary’s website. 
‘‘(f) LIABILITY.—An owner or operator of a trans-
mission or distribution facility shall not be held liable for 
wildfire damage, loss or injury, including the cost of fire 
suppression, if— 
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