I 
117TH CONGRESS 
1ST SESSION 
H. R. 940 
To establish a categorical exclusion for electric utility rights-of-way, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2021 
Mr. LAMALFA (for himself and Mr. NEWHOUSE) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish a categorical exclusion for electric utility rights- 
of-way, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clearing Lines along 
Electrical At-Risk Zones Act’’. 
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SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, 
AND OPERATION AND MAINTENANCE RELAT-
ING TO ELECTRIC TRANSMISSION AND DIS-
TRIBUTION FACILITY RIGHTS OF WAY. 
(a) HAZARD TREES WITHIN 50 FEET OF ELECTRIC 
POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in-
serting ‘‘50’’. 
(b) CONSULTATION WITH PRIVATE LANDOWNERS.— 
Section 512(c)(3)(E) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 
amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) consulting with private land-
owners with respect to any hazard trees 
identified for removal from land owned by 
such private landowners.’’. 
(c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 
of section 512(c)(4)(A) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 
amended to read as follows: 
‘‘(iv) ensures that— 
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‘‘(I) a plan submitted without a 
modification under clause (iii) shall be 
automatically approved 60 days after 
review; and 
‘‘(II) a plan submitted with a 
modification under clause (iii) shall be 
automatically approved 67 days after 
review.’’. 
SEC. 3. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY 
LINES RIGHTS-OF-WAY. 
(a) SECRETARY CONCERNED DEFINED.—The term 
‘‘Secretary concerned’’ means— 
(1) the Secretary of Agriculture, with respect to 
National Forest System lands; and 
(2) the Secretary of the Interior, with respect 
to public lands. 
(b) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (c) are 
a category of activities designated as being categorically 
excluded from the preparation of an environmental assess-
ment or an environmental impact statement under section 
102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
(c) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
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activities designated as being categorically excluded under 
subsection (b) are— 
(1) the development and approval of a vegeta-
tion management, facility inspection, and operation 
and maintenance plan submitted under section 
512(c)(1) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 
Secretary concerned; and 
(2) the implementation of routine activities con-
ducted under the plan referred to in paragraph (1). 
(d) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (b) in accordance with this sec-
tion. 
(e) EXTRAORDINARY CIRCUMSTANCES.—Use of the 
categorical exclusion established under subsection (b) shall 
not be subject to the extraordinary circumstances proce-
dures in section 220.6, title 36, Code of Federal Regula-
tions, or section 1508.4, title 40, Code of Federal Regula-
tions. 
(f) EXCLUSION OF CERTAIN AREAS.—The categor-
ical exclusion established under subsection (b) shall not 
apply to any forest management activity conducted— 
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(1) in a component of the National Wilderness 
Preservation System; or 
(2) on National Forest System lands on which, 
by Act of Congress, the removal of vegetation is re-
stricted or prohibited. 
(g) PERMANENT ROADS.— 
(1) PROHIBITION ON ESTABLISHMENT.—A for-
est management activity designated under subsection 
(c) shall not include the establishment of a perma-
nent road. 
(2) EXISTING
ROADS.—The Secretary con-
cerned may carry out necessary maintenance and re-
pair on an existing permanent road for the purposes 
of conducting a forest management activity des-
ignated under subsection (c). 
(3) TEMPORARY
ROADS.—The Secretary con-
cerned shall decommission any temporary road con-
structed for a forest management activity designated 
under subsection (c) not later than 3 years after the 
date on which the action is completed. 
(h) APPLICABLE LAWS.—A forest management activ-
ity designated under subsection (c) shall not be subject 
to section 7 of the Endangered Species Act of 1973 (16 
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U.S.C. 1536), section 106 of the National Historic Preser-
vation Act, or any other applicable law. 
Æ 
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