those activities, and certification that the activities 
are in accordance with the plan. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) VEGETATION
MANAGEMENT, FACIL-
ITY INSPECTION, AND OPERATION AND MAINTE-
NANCE PLAN.—The term ‘vegetation manage-
ment, facility 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- 
effective, efficient and timely management 
of facilities and vegetation within the width 
of the right-of-way and adjacent Federal 
lands to enhance electricity reliability, pro-
mote public safety, and avoid fire hazards. 
‘‘(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 
VerDate Sep 11 2014 
03:53 Apr 08, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS
located outside the right-of-way that has been 
found by either the owner or operator of a 
transmission or distribution facility, or the Sec-
retary or the Secretary of Agriculture, to be 
likely to fail and cause a high risk of injury, 
damage, or disruption within 10 feet or less of 
an electric power line or related structure if it 
fell. 
‘‘(c) RESPONSE
TO EMERGENCY CONDITIONS.—If 
vegetation 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 contacting one or more electric transmission or 
distribution lines, the owner or operator of the trans-
mission or distribution lines— 
‘‘(1) may prune or remove the vegetation to 
avoid the disruption of electric service and risk of 
fire; and 
‘‘(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 
VerDate Sep 11 2014 
21:41 Apr 10, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS
distribution right-of-way under the jurisdiction of each 
Secretary does not meet clearance requirements under 
standards established by the North American Electric Re-
liability Corporation, or by State and local authorities, and 
the Secretary having jurisdiction over the lands has failed 
to act to allow a transmission or distribution facility owner 
or operator to conduct vegetation management activities 
within 3 business days after receiving a request to allow 
such activities, the owner or operator may, after notifying 
the Secretary, conduct such vegetation management ac-
tivities 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— 
‘‘(1) the Secretary or the Secretary of Agri-
culture fails to allow the owner or operator to oper-
ate consistently with an approved vegetation man-
agement, facility inspection, and operation and 
maintenance plan on Federal lands under the rel-
evant Secretary’s jurisdiction within or adjacent to 
VerDate Sep 11 2014 
03:53 Apr 08, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS
a right-of-way to comply with Federal, State or local 
electric system reliability and fire safety standards, 
including standards established by the North Amer-
ican Electric Reliability Corporation; or 
‘‘(2) the Secretary or the Secretary of Agri-
culture fails to allow the owner or operator of the 
transmission or distribution facility to perform ap-
propriate vegetation management activities in re-
sponse to an identified hazard tree as defined under 
subsection (b)(6), or a tree in imminent danger of 
contacting the owner’s or operator’s transmission or 
distribution facility. 
‘‘(g) TRAINING
AND GUIDANCE.—In consultation 
with the electric utility industry, the Secretary and the 
Secretary of Agriculture are encouraged to develop a pro-
gram to train personnel of the Department of the Interior 
and the Forest Service involved in vegetation management 
decisions relating to transmission and distribution facili-
ties to ensure that such personnel— 
‘‘(1) understand electric system reliability and 
fire safety requirements, including reliability stand-
ards established by the North American Electric Re-
liability Corporation; 
‘‘(2) assist owners and operators of trans-
mission and distribution facilities to comply with ap-
VerDate Sep 11 2014 
03:53 Apr 08, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS
plicable electric reliability and fire safety require-
ments; and 
‘‘(3) encourage and assist willing owners and 
operators of transmission and distribution facilities 
to incorporate on a voluntary basis vegetation man-
agement practices to enhance habitats and forage 
for pollinators and for other wildlife so long as the 
practices are compatible with the integrated vegeta-
tion management practices necessary for reliability 
and safety. 
‘‘(h) IMPLEMENTATION.—The Secretary of the Inte-
rior and the Secretary of Agriculture shall— 
‘‘(1) not later than one year after the date of 
the enactment of this section, prescribe regulations, 
or amend existing regulations, to implement this sec-
tion; and 
‘‘(2) not later than two years after the date of 
the enactment of this section, finalize regulations, or 
amend existing regulations, to implement this sec-
tion. 
‘‘(i) EXISTING VEGETATION MANAGEMENT, FACIL-
ITY INSPECTION
AND OPERATION
AND MAINTENANCE 
PLANS.—Nothing in this section requires an owner or op-
erator to develop and submit a vegetation management, 
facility inspection, and operation and maintenance plan if 
VerDate Sep 11 2014 
03:53 Apr 08, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS
one has already been approved by the Secretary or Sec-
retary of Agriculture before the date of the enactment of 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.), is amended by inserting after 
the item relating to section 511 the following new item: 
‘‘Sec. 512. Vegetation management, facility inspection, and operation, and 
maintenance relating to electric transmission and distribution 
facility rights-of-way.’’. 
Æ 
VerDate Sep 11 2014 
03:53 Apr 08, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H1873.IH
H1873
lotter on DSK5VPTVN1PROD with BILLS