Clearing Lines along Electrical At-Risk Zones Act

I 116TH CONGRESS 2D SESSION H. R. 5744 To establish a categorical exclusion for electric utility rights-of-way, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2020 Mr. LAMALFA introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Agri- culture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clearing Lines along 4 Electrical At-Risk Zones Act’’. 5 VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5744 IH SEC. 2. VEGETATION MANAGEMENT, FACILITY INSPECTION, 1 AND OPERATION AND MAINTENANCE RELAT- 2 ING TO ELECTRIC TRANSMISSION AND DIS- 3 TRIBUTION FACILITY RIGHTS OF WAY. 4 (a) HAZARD TREES WITHIN 50 FEET OF ELECTRIC 5 POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 6 Land Policy and Management Act of 1976 (43 U.S.C. 7 1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in- 8 serting ‘‘50’’. 9 (b) CONSULTATION WITH PRIVATE LANDOWNERS.— 10 Section 512(c)(3)(E) of the Federal Land Policy and 11 Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 12 amended— 13 (1) in clause (i), by striking ‘‘and’’ at the end; 14 (2) in clause (ii), by striking the period and in- 15 serting ‘‘; and’’; and 16 (3) by adding at the end the following: 17 ‘‘(iii) consulting with private land- 18 owners with respect to any hazard trees 19 identified for removal from land owned by 20 such private landowners.’’. 21 (c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 22 of section 512(c)(4)(A) of the Federal Land Policy and 23 Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 24 amended to read as follows: 25 ‘‘(iv) ensures that— 26 VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5744 IH ‘‘(I) a plan submitted without a 1 modification under clause (iii) shall be 2 automatically approved 60 days after 3 review; and 4 ‘‘(II) a plan submitted with a 5 modification under clause (iii) shall be 6 automatically approved 67 days after 7 review.’’. 8 SEC. 3. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY 9 LINES RIGHTS-OF-WAY. 10 (a) SECRETARY CONCERNED DEFINED.—The term 11 ‘‘Secretary concerned’’ means— 12 (1) the Secretary of Agriculture, with respect to 13 National Forest System lands; and 14 (2) the Secretary of the Interior, with respect 15 to public lands. 16 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For- 17 est management activities described in subsection (c) are 18 a category of activities designated as being categorically 19 excluded from the preparation of an environmental assess- 20 ment or an environmental impact statement under section 21 102 of the National Environmental Policy Act of 1969 (42 22 U.S.C. 4332). 23 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED 24 FOR CATEGORICAL EXCLUSION.—The forest management 25 VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5744 IH activities designated as being categorically excluded under 1 subsection (b) are— 2 (1) the development and approval of a vegeta- 3 tion management, facility inspection, and operation 4 and maintenance plan submitted under section 5 512(c)(1) of the Federal Land Policy and Manage- 6 ment Act of 1976 (43 U.S.C. 1772(c)(1)) by the 7 Secretary concerned; and 8 (2) the implementation of routine activities con- 9 ducted under the plan referred to in paragraph (1). 10 (d) AVAILABILITY OF CATEGORICAL EXCLUSION.— 11 On and after the date of the enactment of this Act, the 12 Secretary concerned may use the categorical exclusion es- 13 tablished under subsection (b) in accordance with this sec- 14 tion. 15 (e) EXTRAORDINARY CIRCUMSTANCES.—Use of the 16 categorical exclusion established under subsection (b) shall 17 not be subject to the extraordinary circumstances proce- 18 dures in section 220.6, title 36, Code of Federal Regula- 19 tions, or section 1508.4, title 40, Code of Federal Regula- 20 tions. 21 (f) EXCLUSION OF CERTAIN AREAS.—The categor- 22 ical exclusion established under subsection (b) shall not 23 apply to any forest management activity conducted— 24 VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5744 IH (1) in a component of the National Wilderness 1 Preservation System; or 2 (2) on National Forest System lands on which, 3 by Act of Congress, the removal of vegetation is re- 4 stricted or prohibited. 5 (g) PERMANENT ROADS.— 6 (1) PROHIBITION ON ESTABLISHMENT.—A for- 7 est management activity designated under subsection 8 (c) shall not include the establishment of a perma- 9 nent road. 10 (2) EXISTING ROADS.—The Secretary con- 11 cerned may carry out necessary maintenance and re- 12 pair on an existing permanent road for the purposes 13 of conducting a forest management activity des- 14 ignated under subsection (c). 15 (3) TEMPORARY ROADS.—The Secretary con- 16 cerned shall decommission any temporary road con- 17 structed for a forest management activity designated 18 under subsection (c) not later than 3 years after the 19 date on which the action is completed. 20 (h) APPLICABLE LAWS.—A forest management activ- 21 ity designated under subsection (c) shall not be subject 22 to section 7 of the Endangered Species Act of 1973 (16 23 VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5744 IH U.S.C. 1536), section 106 of the National Historic Preser- 1 vation Act, or any other applicable law. 2 Æ VerDate Sep 11 2014 22:20 Feb 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5744.IH H5744 pamtmann on DSKBC07HB2PROD with BILLS