§ 6591c. Stewardship end result contracting projects

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “Knutson-Vandenberg”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Pub. L. 108–148 title VI § 604 · 117 Stat. 1887

   Enacted · 16 U.S.C. § 6591c

   Pub. L. 108–148, title VI, § 604, as added Pub. L. 113–79, title VIII, § 8205(a), Feb. 7, 2014, 128 Stat. 918

   Source evidence

   Code source credit
   Pub. L. 108–148, title VI, § 604, as added Pub. L. 113–79, title VIII, § 8205(a), Feb. 7, 2014, 128 Stat. 918

2. 2017

   Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017

   Pub. L. 115–31 § 422(1) · 131 Stat. 135

   Inserted · 16 U.S.C. § 6591c(d)(5)

   Pub. L. 115–31, § 422(1), inserted at end “Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), the Director may enter into an agreement or contract under subsection (b).”

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 115–31, § 422(1), inserted at end “Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), the Director may enter into an agreement or contract under subsection (b).”

   Enacted provision · exact public law section
   (1) in paragraph (5), by adding at the end the following: “Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)), the Director may enter into an agreement or contract under subsection (b).”; and

3. 2017

   Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017

   Pub. L. 115–31 § 422(2) · 131 Stat. 135

   Struck · 16 U.S.C. § 6591c(d)(7)

   Pub. L. 115–31, § 422(2), struck out “and the Director” after “the Chief” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(7). Pub. L. 115–31, § 422(2), struck out “and the Director” after “the Chief” in introductory provisions.

   Enacted provision · exact public law section
   (2) in paragraph (7), by striking “and the Director”.

4. 2018

   Department of Justice Appropriations Act, 2018

   Pub. L. 115–141 § 205 · 132 Stat. 348

   1. Added · 16 U.S.C. § 6591c(g)(2)

      Pub. L. 115–141, § 205, added subpars. (A) and (B)

   2. Struck · 16 U.S.C. § 6591c(g)(2)

      Pub. L. 115–141, § 205, struck out former subpars. (A) and (B) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 115–141, § 205, added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

   “(A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the “Knutson-Vanderberg Act”) (16 U.S.C. 576 et seq.); and “(B) apply the excess to other authorized stewardship projects.”

   Enacted provision · exact public law section
   Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

5. 2018

   Department of Justice Appropriations Act, 2018

   Pub. L. 115–141 § 204 · 132 Stat. 348

   1. Added · 16 U.S.C. § 6591c(h); 16 U.S.C. § 6591c(i)

      Pub. L. 115–141, § 204, added subsec. (h)

   2. Redesignated · 16 U.S.C. § 6591c(h); 16 U.S.C. § 6591c(i)

      Pub. L. 115–141, § 204, redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j)

   Source evidence

   Code amendment note
   Subsecs. (h), (i). Pub. L. 115–141, § 204, added subsec. (h) and redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).

   Enacted provision · exact public law section
   Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

6. 2018

   Wildfire Suppression Funding and Forest Management Activities Act

   Pub. L. 115–141 div. O title II · 132 Stat. 348

   1. Redesignated · 16 U.S.C. § 6591c(j)

      Pub. L. 115–141, §§ 204(1), 206, redesignated subsec. (i) as (j)

   2. Substituted · 16 U.S.C. § 6591c(j)

      Pub. L. 115–141, §§ 204(1), 206, substituted “submit to the congressional committees described in subsection (h)(2) a report” for “report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (j). Pub. L. 115–141, §§ 204(1), 206, redesignated subsec. (i) as (j) and substituted “submit to the congressional committees described in subsection (h)(2) a report” for “report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives” in introductory provisions.

   Enacted provision · exact public law
   TITLE II— FOREST MANAGEMENT ACTIVITIES SEC. 201. DEFINITIONS.   In this title: (1) National forest system.— The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (2) Public land.— The term “public land” has the meaning given the term “public lands” in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) Secretary concerned.— The term “Secretary concerned” means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. SEC. 202. WILDFIRE RESILIENCE PROJECTS.   Insert at the end of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) the following new section: “SEC. 605. WILDFIRE RESILIENCE PROJECTS. “(a) In General.— Hazardous fuels reduction projects, as defined in the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) may be— “(1) carried out in accordance with subsections (b), (c), and (d) of section 102 and sections 104 and 105; “(2) considered an action categorically excluded from the requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.); and “(3) exempt from the special administrative review process under section 105. “(b) Collaborative Restoration Project.— “(1) In general.— A project referred to in subsection (a) is a project to carry out forest restoration treatments that— “(A) maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease, and reduce the risk or extent of, or increase the resilience to, wildfires; “(B) considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and “(C) is developed and implemented through a collaborative process that— “(i) includes multiple interested persons representing diverse interests; and “(ii) (I) is transparent and nonexclusive; or “(II) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125). “(2) Inclusion.— A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)). “(c) Limitations.— “(1) Project size.— A project under this section may not exceed 3000 acres. “(2) Location.— A project under this section shall be— “(A) Prioritized within the wildland-urban interface; “(B) If located outside the wildland-urban interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and “(C) Limited to areas designated under section 602(b) as of the date of enactment of this Act. “(3) Roads.— “(A) Permanent roads.— “(i) Prohibition on establishment.— A project under this section shall not include the establishment of permanent roads. “(ii) Existing roads.— The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. “(B) Temporary roads.— The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed. “(4) Extraordinary circumstances.— The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, code of Federal regulations (or successor regulations), when using the categorical exclusion under this section. “(d) Exclusions.— This section does not apply to— “(1) a component of the National Wilderness Preservation System; “(2) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; “(3) a congressionally designated wilderness study area; or “(4) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan. “(e) Forest Management Plans.— All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit of the National Forest System containing the projects and activities. “(f) Public Notice and Scoping.— The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section. “(g) Accountability.— “(1) In general.— The Secretary shall prepare an annual report on the use of categorical exclusions under this section that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section. “(2) Submission.— Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to— “(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; “(B) the Committee on Environment and Public Works of the Senate; “(C) the Committee on Agriculture of the House of Representatives; “(D) the Committee on Natural Resources of the House of Representatives; and “(E) the Government Accountability Office.” . SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR HAZARDOUS FUEL REDUCTION ON FEDERAL LAND.   Section 101(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) is amended— (1) by striking “The term” and inserting the following: “(A) In general.— The term” ; and (2) by adding at the end the following: “(B) Inclusion.— The term ‘authorized hazardous fuel reduction project’ includes, using the measures and methods described in subparagraph (A), the installation of— “(i) a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a ‘fuel break’); and “(ii) a natural or constructed barrier used to stop or check a fire or to provide a control line from which to work to stop or check a fire (commonly known as a ‘firebreak’).” . SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING PROJECTS.   Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: “(h) Cancellation Ceilings.— “(1) In general.— Notwithstanding section 3903(b)(1) of title 41, United States Code, the Chief and the Director may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under subsection (b). “(2) Advance notice to congress of cancellation ceiling in excess of $25,000,000.— Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to that cancellation ceiling, the Chief or the Director, as applicable, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— “(A) a description of the cancellation ceiling amounts proposed for each program year in the agreement or contract; “(B) the reasons why the cancellation ceiling amounts described under subparagraph (A) were selected; “(C) a description of the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and “(D) an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. “(3) Transmittal of notice to omb.— Not later than 14 days after the date on which written notice is provided under paragraph (2), the Chief or the Director, as appropriate, shall transmit a copy of the notice to the Director of the Office of Management and Budget.” . SEC. 205. EXCESS OFFSET VALUE.   Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following: “(A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or “(B) if there are no outstanding liabilities described in subparagraph (A), apply the excess to other authorized stewardship projects.” . SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.   Subsection (j) of section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as redesignated by section 204 of this Act), is amended by striking “report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives” and inserting “submit to the congressional committees described in subsection (h)(2) a report”. SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING. (a) In General.— The Secretary of Agriculture and the Secretary of the Interior may award contracts or agreements under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), for terms not to exceed 20 years on areas where the majority of Federal lands are in Fire Regime Groups I, II, or III. (b) Preference.— In awarding a contract under this section, the Secretary concerned may, notwithstanding the Federal Acquisition Regulations, give a procurement preference to a contractor that would, as part of the contract, promote an innovative use of forest products, including cross-laminated timber. SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974. (a) Consultation Regarding Land Management Plans.— Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended— (1) by striking “(d) The Secretary” and inserting the following: “(d) Public Participation and Consultation.— “(1) In general.— The Secretary” ; and (2) by adding at the end the following: “(2) No additional consultation required after approval of land management plans.— “(A) In general.— Except as provided in subparagraph (B), notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this section or any other provision of law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to— “(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; and “(ii) any provision of a land management plan adopted as described in clause (i). “(B) Exception.— Subparagraph (A) shall not apply if— “(i) 15 years have passed since the date on which the Secretary adopted the land management plan described in clause (i) of that subparagraph; and “(ii) 5 years have passed since the date of enactment of this section or the date of the listing of a species as threatened or endangered for a species known to occur on the unit or the designation of critical habitat within the unit as described in clause (i) of that subparagraph, whichever is later. “(C) Effect of paragraph.— Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency— “(i) regarding any project carried out, or proposed to be carried out, to implement a land management plan pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of cumulative impacts of completed, ongoing, and planned projects; or “(ii) with respect to— “(I) the development of a modification to a land management plan; or “(II) an amendment or revision to a land management plan in accordance with paragraph (4) or (5) of subsection (f).” . (b) Definition of Secretary; Conforming Amendments.— (1) Definition of secretary.— Section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting “(referred to in this Act as the ‘Secretary’)” after “Secretary of Agriculture”. (2) Conforming amendments.— The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) 16 USC 1602–1607, 1610, 1611, 1613. is amended, in sections 4 through 9, 12, 13, and 15, by striking “Secretary of Agriculture” each place it appears and inserting “Secretary”. SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED LANDS AND COOS BAY WAGON ROAD RECONVEYED LANDS. (a) In General.— Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall not be required to engage in consultation under any law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to— (1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary of the Interior as of the date of listing or designation; and (2) any provision of a land use plan adopted as described in paragraph (1). (b) Effect of Section.— Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency— (1) regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and planned projects; or (2) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan. SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES. (a) Map Required.— Not later than 2 years after the date of the enactment of this section, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall— (1) develop and publish a geospatial map appropriate for community-level use that depicts wildfire hazard severity to inform at-risk communities that are— (A) adjacent to National Forest System lands; or (B) affected by wildland fire, as determined by the Secretary; and (2) disseminate the information under paragraph (1) in an appropriate, web-based format for use by such communities to— (A) improve understanding of their risk profile; (B) clarify thinking on the nature and effect of wildfire risks; and (C) develop plans to manage and mitigate those risks. (b) Purposes of Map.— The purposes of the map required under subsection (a) are as follows: (1) To inform evaluations of wildfire risk. (2) To prioritize fuels management needs. (3) To depict the relative potential for wildfire that could be difficult for suppression resources to contain and that could cause ignitions to structures. (c) Consultation.— In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult with— (1) the Secretary of the Interior; (2) the Administrator of the Federal Emergency Management Agency; (3) other appropriate Federal agencies; (4) States; (5) relevant colleges, universities, and institutions of higher education with relevant expertise; and (6) other entities, as appropriate. (d) At-risk Community Defined.— The term “at-risk community” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF WAY. (a) In General.— Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end the following: “SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF WAY. “(a) Definitions.— In this section: “(1) Hazard tree.— The term ‘hazard tree’ means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or operator of a transmission or distribution facility to be— “(A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and “(B) if the tree or part of the tree failed, likely to— “(i) cause substantial damage or disruption to a transmission or distribution facility; or “(ii) come within 10 feet of an electric power line. “(2) Owner; operator.— The terms ‘owner’ and ‘operator’ include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. “(3) Plan.— The term ‘plan’ means a vegetation management, facility inspection, and operation and maintenance plan that— “(A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and “(B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. “(4) Secretary concerned.— The term ‘Secretary concerned’ means— “(A) the Secretary, with respect to public lands; and “(B) the Secretary of Agriculture, with respect to National Forest System land. “(b) Guidance.— “(1) In general.— To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land, including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (including by grant, special use authorization, and easement). “(2) Limitation.— The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. “(3) Considerations.— The guidance issued under paragraph (1) shall take into account— “(A) all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 215 of the Federal Power Act (16 U.S.C. 824o)); and “(B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Protection Agency signed in 2016. “(4) Requirements.— The guidance issued under paragraph (1) shall— “(A) be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way; “(B) seek to minimize the need for case-by-case approvals for — “(i) routine vegetation management, facility inspection, and operation and maintenance activities; and “(ii) utility vegetation management activities that are necessary to control hazard trees; and “(C) provide for prompt and timely review of requests to conduct vegetation management activities that require approval of the Secretary concerned, especially activities requiring expedited or immediate action. “(c) Vegetation Management, Facility Inspection, and Operation and Maintenance Plans.— “(1) Development and submission.— Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the option to develop and submit a plan. “(2) ERO standards.— Owners and operators subject to mandatory reliability standards established by the Electric Reliability Organization (or superseding standards) may use those standards as part of the plan. “(3) Plan requirements.— A plan developed under paragraph (1) shall— “(A) identify the applicable transmission or distribution facilities to be maintained; “(B) take into account operations and maintenance plans for the applicable transmission or distribution line; “(C) describe the vegetation management, inspection, and operation and maintenance methods that may be used to comply with all applicable law, including fire safety requirements and reliability standards established by the Electric Reliability Organization; “(D) include schedules for— “(i) the applicable owner or operator to notify the Secretary concerned about routine and major maintenance; “(ii) the applicable owner or operator to request approval from the Secretary concerned about undertaking routine and major maintenance; and “(iii) the Secretary concerned to respond to a request by an owner or operator under clause (ii); and “(E) describe processes for— “(i) identifying changes in conditions; and “(ii) modifying the approved plan, if necessary. “(4) Review and approval process.— “(A) In general.— The Secretary concerned shall jointly develop a consolidated and coordinated process for the review and approval of plans submitted under paragraph (1) that— “(i) includes timelines and benchmarks for— “(I) the submission of agency comments on the plans and schedules for final decision; and “(II) the timely review of modifications of the plans in cases in which modifications are necessary; “(ii) is consistent with applicable law; and “(iii) includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan; and “(iv) ensures, to the maximum extent practicable, a prompt review and approval process not to exceed 120 days. “(B) Plan modification.— Upon reasonable advance notice to an owner or operator of an electric transmission or distribution facility of any changed conditions that warrant a modification to a plan, the Secretary concerned shall— “(i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent with the process described under subparagraph (A)(iii), to address the changed condition identified by the Secretary concerned; “(ii) consider the proposed plan modification consistent with the process described under paragraph (4)(A); and “(iii) allow the owner or operator to continue to implement any element of the approved plan that does not directly and adversely affect the condition precipitating the need for modification. “(5) Categories of actions not requiring environmental analysis.— With respect to the development and approval of plans submitted under paragraph (1), as well as with respect to actions carried out under such plans, the Secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). “(d) Certain Owners and Operators.— “(1) In general.— The owner or operator of an electric transmission or distribution facility that is not subject to the mandatory reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately preceding the date of enactment of this section may enter into an agreement with the Secretary concerned in lieu of a plan under subsection (c). “(2) Minimum requirements.— The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1)— “(A) reflect the relative financial resources of the applicable owner or operator compared to other owners or operators of an electric transmission or distribution facility; “(B) include schedules as described in subsection (c)(3)(D); “(C) are subject to modification requirements as described in subsection (c)(4)(B); and “(D) comply with applicable law. “(e) Emergency Conditions.— If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of the electric transmission or distribution lines— “(1) may prune or remove the vegetation or hazard tree— “(A) to avoid the disruption of electric service; and “(B) to eliminate immediate fire and safety hazards; and “(2) shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the response to emergency conditions. “(f) Activities That Require Approval.— “(1) In general.— Except as provided under paragraph (3), the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) only with the approval of the Secretary concerned. “(2) Requirement to respond.— The Secretary concerned shall respond to a request for approval to conduct vegetation management activities in accordance with the applicable schedules in a plan approved under subsection (c) or an agreement entered into under subsection (d). “(3) Authorized activities.— The owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) without the approval of the Secretary concerned if— “(A) the owner or operator submitted a request to the Secretary concerned in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d); “(B) the vegetation management activities, including the removal of hazard trees, proposed in the request under subparagraph (A) are in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d); and “(C) the Secretary concerned fails to respond to the request under subparagraph (A) in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). “(g) Liability.— “(1) In general.— The Secretary concerned shall not impose strict liability for damages or injury resulting from— “(A) the Secretary concerned unreasonably withholding or delaying— “(i) approval of a plan under subsection (c); or “(ii) entrance into an agreement under subsection (d); or “(B) the Secretary concerned unreasonably failing to adhere to an applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). “(2) Damages.— For the period ending 10 years after the date of the enactment of this subsection, the Secretary concerned shall not impose strict liability in an amount greater than $500,000 per incident for damages or injury resulting from activities conducted by an owner or operator in accordance with an approved agreement under subsection (d). “(3) Rule of construction.— Nothing in paragraph (2) shall be construed to effect any liability imposed by the Secretary concerned under section 251.56(d) of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this section) and section 2807.12 of title 43, Code of Federal Regulations (as in effect on the date of the enactment of this section), for activities conducted by an owner or operator in accordance with an approved plan under subsection (c). “(h) Reporting Requirement.— “(1) Activities that require approval.— The Secretary concerned shall report requests and actions made under subsection (f) annually on the website of the Secretary concerned. “(2) Liability.— Not later than four years after the date of enactment of this subsection, the Secretary concerned shall prepare and submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that describes the effect on the Treasury of the strict liability limitation established by subsection (g)(2). “(i) Training and Guidance.— In consultation with the electric utility industry, the Secretary concerned is encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that the personnel— “(1) understand electric system reliability requirements as the requirements relate to vegetation management of transmission and distribution rights-of-way on Federal land, including reliability standards established by the Electric Reliability Organization and fire safety requirements; “(2) assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements; “(3) encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety; and “(4) understand how existing and emerging unmanned technologies can help electric utilities, the Federal Government, State and local governments, and private landowners— “(A) to more efficiently identify vegetation management needs; “(B) to reduce the risk of wildfires; and “(C) to lower ratepayer energy costs. “(j) Implementation.— The Secretary concerned shall— “(1) not later than 1 year after the date of enactment of this section, propose regulations, or amend existing regulations, to implement this section; and “(2) not later than 2 years after the date of enactment of this section, finalize regulations, or amend existing regulations, to implement this section. “(k) Existing Vegetation Management, Facility Inspection, and Operation and Maintenance Plans.— Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this section has already been approved by the Secretary concerned before the date of 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.”. SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.   Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended— (1) in paragraph (3)(B)(i), by striking “areas; or” and inserting the following: “areas, other than the reconstruction, repair, or restoration of a National Forest System road that is— “(I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and “(II) in the case of a National Forest System road that is determined to be unneeded in accordance with section 212.5(b)(2) of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Good Neighbor Authority Improvement Act), decommissioned in accordance with subparagraph (A)(iii)— “(aa) in a manner that is consistent with the applicable travel management plan; and “(bb) not later than 3 years after the date on which the applicable authorized restoration services project is completed; or” ; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: “(6) National forest system road.— The term ‘National Forest System road’ has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Good Neighbor Authority Improvement Act).” .

6 of 9 references resolved to an enrolled provision · 3 partial