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Bill115th CongressFiled Apr 4, 2017Public Lands and Natural Resources
H.R. 1873

Electricity Reliability and Forest Protection Act

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What it doesSummary passed house amended (Jun 21, 2017)

Electricity Reliability and Forest Protection Act

(Sec.2)This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that:

  • are developed in consultation with the holder of the right-of-way;
  • enable the owner or operator of a facility to operate and maintain it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and
  • minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way.

Interior and USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan. Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans.

Interior and USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed by this bill.

(A "categorical exclusion" under the NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.)

If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted, or is in imminent danger of contacting, one or more electric transmission or distribution lines, the owner or operator:

  • may prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire, and
  • shall notify the local agent of the relevant agency within 24 hours after such removal.

The owner or operator of a transmission or distribution facility, after notifying Interior or USDA, as appropriate, may also conduct vegetation management activities on federal lands to meet clearance requirements under standards established by the Electric Reliability Organization or by state and local authorities.

An owner or operator of a transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if Interior or USDA fails to allow it to:

  • operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on federal lands within or adjacent to a right-of-way to comply with federal, state, or local electric system reliability and fire safety standards; or
  • perform vegetation management activities in response to a hazard tree or a tree in imminent danger of contacting the owner's or operator's transmission or distribution facility.

Interior and USDA may develop a program to train their personnel involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities.

Interior and USDA shall prescribe regulations, or amend existing regulations, to implement this bill.

An owner or operator does not have to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by Interior or USDA before the enactment of this bill.

(Sec.3)This bill shall not detract from the availability of funds or other resources for wild-fire suppression.

What just happenedSep 19, 2017

Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 115-485.

Who’s behind it

Rep. LaMalfa, Doug [R-CA-1](R-CA)Sponsor
20 cosponsors6 D14 R
Read on Congress.gov
20cosponsors3committees37actions3amendments1related bills5subjects
  1. Sep 19, 2017Committee

    Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 115-485.

    Energy and Natural Resources Committee
  2. Jun 22, 2017IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

    Energy and Natural Resources Committee
  3. Jun 21, 2017FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Jun 21, 2017FloorH37100

    On passage Passed by recorded vote: 300 - 118 (Roll no. 315).

  5. Jun 21, 2017Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 300 - 118 (Roll no. 315).

  6. Jun 21, 2017FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H5027-5029)

  7. Jun 21, 2017FloorH35000

    The previous question was ordered pursuant to the rule.

  8. Jun 21, 2017FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1873.

  9. Jun 21, 2017FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of the Carbajal Part A Amendment No. 1 which was debated earlier and on which further proceedings had been postponed.

  10. Jun 21, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the Beyer Part A Amendment No. 3.

  11. Jun 21, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the Sinema Part A Amendment No. 2.

  12. Jun 21, 2017FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Carbajal Part A amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Carbajal demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

  13. Jun 21, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H.Res. 392, the Committee of the Whole proceeded with 10 minutes of debate on the Carbajal Part A Amendment No. 1.

  14. Jun 21, 2017FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1873.

  15. Jun 21, 2017FloorH32400

    The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.

  16. Jun 21, 2017FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 392 and Rule XVIII.

  17. Jun 21, 2017FloorH8D000

    Rule provides for consideration of H.R. 1873 and 1654, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on each bill. Both measures will be considered read and have specified amendments.

  18. Jun 21, 2017FloorH30000

    Considered under the provisions of rule H. Res. 392. (consideration: CR H5022-5032)

  19. Jun 20, 2017FloorH1L210

    Rules Committee Resolution H. Res. 392 Reported to House. Rule provides for consideration of H.R. 1873 and 1654, with 1 hour of general debate for each bill. Previous question shall be considered as ordered without intervening motions except a motion to recommit with or without instructions on each bill. Both measures will be considered read and have specified amendments.

  20. Jun 12, 2017CalendarsH12410

    Placed on the Union Calendar, Calendar No. 110.

  21. Jun 12, 2017DischargeH12300

    Committee on Agriculture discharged.

    Agriculture Committee
  22. Jun 12, 2017Committee5500

    Committee on Agriculture discharged.

    Agriculture Committee
  23. Jun 12, 2017CommitteeH12200

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 115-165, Part I.

    Natural Resources Committee
  24. Jun 12, 2017Committee5000

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 115-165, Part I.

    Natural Resources Committee
  25. May 1, 2017IntroReferralB00100

    Sponsor introductory remarks on measure. (CR H2991)

  26. Apr 27, 2017Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 14.

    Natural Resources Committee
  27. Apr 27, 2017Committee

    Committee Consideration and Mark-up Session Held.

    Natural Resources Committee
  28. Apr 27, 2017Committee

    Subcommittee on Federal Lands Discharged.

    Natural Resources Committee
  29. Apr 27, 2017Committee

    Subcommittee on Water, Power and Oceans Discharged.

    Natural Resources Committee
  30. Apr 24, 2017Committee

    Referred to the Subcommittee on Conservation and Forestry.

    Forestry Subcommittee
  31. Apr 11, 2017Committee

    Referred to the Subcommittee on Water, Power and Oceans.

    Water, Wildlife, and Fisheries Subcommittee
  32. Apr 11, 2017Committee

    Referred to the Subcommittee on Federal Lands.

    Federal Lands Subcommittee
  33. Apr 4, 2017IntroReferralH11100

    Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Agriculture Committee
  34. Apr 4, 2017IntroReferralH11100

    Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Natural Resources Committee
  35. Apr 4, 2017IntroReferralH11100-A

    Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  36. Apr 4, 2017IntroReferralIntro-H

    Introduced in House

  37. Apr 4, 2017IntroReferral1000

    Introduced in House

Passed House amendedJun 21, 201736

Electricity Reliability and Forest Protection Act

(Sec.2)This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that:

  • are developed in consultation with the holder of the right-of-way;
  • enable the owner or operator of a facility to operate and maintain it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and
  • minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way.

Interior and USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan. Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans.

Interior and USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed by this bill.

(A "categorical exclusion" under the NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.)

If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted, or is in imminent danger of contacting, one or more electric transmission or distribution lines, the owner or operator:

  • may prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire, and
  • shall notify the local agent of the relevant agency within 24 hours after such removal.

The owner or operator of a transmission or distribution facility, after notifying Interior or USDA, as appropriate, may also conduct vegetation management activities on federal lands to meet clearance requirements under standards established by the Electric Reliability Organization or by state and local authorities.

An owner or operator of a transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if Interior or USDA fails to allow it to:

  • operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on federal lands within or adjacent to a right-of-way to comply with federal, state, or local electric system reliability and fire safety standards; or
  • perform vegetation management activities in response to a hazard tree or a tree in imminent danger of contacting the owner's or operator's transmission or distribution facility.

Interior and USDA may develop a program to train their personnel involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities.

Interior and USDA shall prescribe regulations, or amend existing regulations, to implement this bill.

An owner or operator does not have to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by Interior or USDA before the enactment of this bill.

(Sec.3)This bill shall not detract from the availability of funds or other resources for wild-fire suppression.

Reported to House amended, Part IJun 12, 201718

Electricity Reliability and Forest Protection Act

(Sec.2)This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that:

  • are developed in consultation with the holder of the right-of-way;
  • enable the owner or operator of a facility to operate and maintain it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and
  • minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way.

Interior and USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan. Interior and USDA shall develop jointly a consolidated and coordinated process for review and approval of these plans.

Interior and USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed by this bill.

(A "categorical exclusion" under the NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.)

If vegetation on federal lands within, or hazard trees on federal lands adjacent to, an electrical transmission or distribution right-of-way granted by Interior or USDA has contacted, or is in imminent danger of contacting, one or more electric transmission or distribution lines, the owner or operator:

  • may prune or remove the vegetation or hazard tree to avoid disruption of electric service and risk of fire, and
  • shall notify the local agent of the relevant agency within 24 hours after such removal.

The owner or operator of a transmission or distribution facility, after notifying Interior or USDA, as appropriate, may also conduct vegetation management activities on federal lands to meet clearance requirements under standards established by the Electric Reliability Organization or by state and local authorities.

An owner or operator of a transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if Interior or USDA fails to allow it to:

  • operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on federal lands within or adjacent to a right-of-way to comply with federal, state, or local electric system reliability and fire safety standards; or
  • perform vegetation management activities in response to a hazard tree or a tree in imminent danger of contacting the owner's or operator's transmission or distribution facility.

Interior and USDA may develop a program to train their personnel involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities.

Interior and USDA shall prescribe regulations, or amend existing regulations, to implement this bill.

An owner or operator does not have to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by Interior or USDA before the enactment of this bill.

Introduced in HouseApr 4, 2017

Electricity Reliability and Forest Protection Act

This bill requires the Department of the Interior and the Department of Agriculture (USDA), with respect to lands under their respective jurisdictions, to ensure that all existing and future rights-of-way for electrical transmission and distribution facilities on such lands include requirements for utility vegetation management, facility inspection, and operation and maintenance activities that:

  • are developed in consultation with the holder of the right-of-way;
  • enable the owner or operator of a facility to operate it in good working order and comply with federal, state, and local electric system reliability and fire safety requirements; and
  • minimize the need for case-by-case or annual approvals, and instead provide for expedited review and approval, for routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way, as well as utility vegetation management activities necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way.

Interior and the USDA shall give facility owners and operators the option to submit to the appropriate agency a vegetation management, facility inspection, and operation and maintenance plan.

Interior and the USDA shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (NEPA) to plans developed under this bill.

(A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required.)

Electricity Reliability and Forest Protection Act — Informed