I 
114TH CONGRESS 
1ST SESSION H. R. 2358 
To amend the Federal Land Policy and Management Act of 1976 to enhance 
the reliability of the electricity grid and reduce the threat of wildfires 
to and from electric transmission and distribution facilities on Federal 
lands by facilitating vegetation management on such lands. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2015 
Mr. ZINKE (for himself and Mr. SCHRADER) 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 amend the Federal Land Policy and Management Act 
of 1976 to enhance the reliability of the electricity grid 
and reduce the threat of wildfires to and from electric 
transmission and distribution facilities on Federal lands 
by facilitating vegetation management on such lands. 
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 ‘‘Electricity Reliability 
and Forest Protection Act’’. 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, 
AND OPERATION AND MAINTENANCE ON 
FEDERAL 
LANDS 
CONTAINING 
ELECTRIC 
TRANSMISSION AND DISTRIBUTION FACILI-
TIES. 
(a) IN GENERAL.—Title V of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1761 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION AND OPERATION, AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS-OF-WAY. 
‘‘(a) GENERAL DIRECTION.—In order to enhance the 
reliability of the electricity grid and reduce the threat of 
wildfires to and from electric transmission and distribu-
tion rights-of-way and related facilities and adjacent prop-
erty, the Secretary, with respect to public lands and other 
lands under the jurisdiction of the Secretary, and the Sec-
retary of Agriculture, with respect to National Forest Sys-
tem lands, shall provide direction to ensure that all exist-
ing and future rights-of-way, however established (includ-
ing by grant, special use authorization, and easement), for 
electrical transmission and distribution facilities on such 
lands include provisions for utility vegetation manage-
ment, facility inspection, and operation and maintenance 
activities that, while consistent with applicable law— 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(1) are developed in consultation with the 
holder of the right-of-way; 
‘‘(2) enable the owner or operator of a facility 
to operate and maintain the facility in good working 
order and to comply with Federal, State and local 
electric system reliability and fire safety require-
ments, including reliability standards established by 
the North American Electric Reliability Corporation 
and plans to meet such reliability standards; 
‘‘(3) minimize the need for case-by-case or an-
nual approvals for— 
‘‘(A) routine vegetation management, facil-
ity inspection, and operation and maintenance 
activities within existing electrical transmission 
and distribution rights-of-way; and 
‘‘(B) utility vegetation management activi-
ties that are necessary to control danger trees 
within or adjacent to electrical transmission and 
distribution rights-of-way; and 
‘‘(4) when review is required, provide for expe-
dited review and approval of utility vegetation man-
agement, facility inspection, and operation and 
maintenance activities, especially activities requiring 
prompt action to avoid an adverse impact on human 
safety or electric reliability to avoid fire hazards. 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(b) VEGETATION MANAGEMENT, FACILITY INSPEC-
TION AND OPERATION AND MAINTENANCE PLANS.— 
‘‘(1) DEVELOPMENT
AND
SUBMISSION.—Con-
sistent with subsection (a), the Secretary and the 
Secretary of Agriculture shall provide owners and 
operators of electric transmission and distribution 
facilities located on lands described in such sub-
section with the option to develop and submit a 
vegetation management, facility inspection, and op-
eration and maintenance plan, that at each owner or 
operator’s transmission discretion may cover some or 
all of the owner or operator’s transmission and dis-
tribution rights-of-way on Federal lands, for ap-
proval to the Secretary with jurisdiction over the 
lands. A plan under this paragraph shall enable the 
owner or operator of a facility, at a minimum, to 
comply with applicable Federal, State, and local elec-
tric system reliability and fire safety requirements, 
as provided in subsection (a)(2). The Secretaries 
shall not have the authority to modify those require-
ments. 
‘‘(2) REVIEW AND APPROVAL PROCESS.—The 
Secretary and the Secretary of Agriculture shall 
jointly develop a consolidated and coordinated proc-
ess for review and approval of— 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 30 days; 
‘‘(ii) includes timelines and bench-
marks for approval of such plans; 
‘‘(iii) is consistent with applicable law; 
and 
‘‘(iv) minimizes the costs of the proc-
ess to the reviewing agency and the entity 
submitting the plans; and 
‘‘(B) amendments to the plans in a prompt 
manner if changed conditions necessitate a 
modification to a plan. 
‘‘(3) NOTIFICATION.—The review and approval 
process under paragraph (2) shall— 
‘‘(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 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 au-
thorization governing the covered right-of-way and 
danger trees adjacent to the right-of-way. If a vege-
tation management plan is proposed for an existing 
transmission and distribution facility concurrent 
with the siting of a new transmission or distribution 
facility, necessary reviews shall be completed as part 
of the siting process or sooner. Once the plan is ap-
proved, the owner or operator shall provide the agen-
cy with only a notification of activities anticipated to 
be undertaken in the coming year, a description of 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
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) DANGER
TREE.—The term ‘danger 
tree’ means any tree inside the right-of-way or 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
located outside the right-of-way that would 
come 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 danger trees adja-
cent to, an electrical transmission or distribution right- 
of-way granted by the Secretary or the Secretary of Agri-
culture 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 dis-
tribution 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 
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 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
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.—If the Secretary or the Secretary of 
Agriculture fails to authorize a transmission or distribu-
tion facility owner or operator to manage vegetation on 
Federal lands under the Secretary’s jurisdiction within or 
adjacent to a transmission or distribution right-of-way in 
order to comply with Federal, State, or local electric sys-
tem reliability and fire safety requirements, including reli-
ability standards established by the North American Elec-
tric Reliability Corporation and the vegetation causes or 
contributes to wildfire damage, loss, or injury, the owner 
or operator of the facility involved shall not be liable to 
the United States or other parties directly, through indem-
nification, or otherwise for such damage, loss, or injury, 
including for the cost of fire suppression. 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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; and 
‘‘(2) assist owners and operators of trans-
mission and distribution facilities to comply with ap-
plicable electric reliability and fire safety require-
ments. 
‘‘(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. 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(i) EXISTING VEGETATIVE MANAGEMENT, FACIL-
ITY INSPECTION
AND OPERATION
AND MAINTENANCE 
PLANS.—Nothing in this section requires an owner or op-
erator to develop and submit a vegetative management, 
facility inspection, and operation and maintenance plan if 
one has already been approved by the Secretary or Sec-
retary of Agriculture before the date of the enactment of 
this section.’’. 
Æ 
VerDate Sep 11 2014 
01:17 May 22, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H2358.IH
H2358
rfrederick on DSK6VPTVN1PROD with BILLS