yourstate.us
43 U.S.C. § 1772

Vegetation managment,11 So in original. Probably should be “management,”. facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way

United States · Title 43 — PUBLIC LANDS · Status: effective

Get this as JSONEmbed this
Cite this
Citation
43 U.S.C. § 1772, Vegetation managment,11 So in original. Probably should be “management,”. facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/486486
Permanent ID
ys:prov:486486@1
SHA-256
311c6611498cce4945e2d7641d33411119ae0271a66a64025fc2e956f5c452fb

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

In this section: 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— if the tree or part of the tree failed, likely to— The terms “owner” and “operator” include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. The term “plan” means a vegetation management, facility inspection, and operation and maintenance plan that— The term “Secretary concerned” means— 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). The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. The guidance issued under paragraph (1) shall take into account— The guidance issued under paragraph (1) shall— seek to minimize the need for case-by-case approvals for— 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. 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. A plan developed under paragraph (1) shall— include schedules for— describe processes for— The Secretary concerned shall jointly develop a consolidated and coordinated process for the review and approval of plans submitted under paragraph (1) that— includes timelines and benchmarks for— 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— 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). 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 March 23, 2018, may enter into an agreement with the Secretary concerned in lieu of a plan under subsection (c). The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1)— 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— may prune or remove the vegetation or hazard tree— 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. 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). 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— The Secretary concerned shall not impose strict liability for damages or injury resulting from— the Secretary concerned unreasonably withholding or delaying— For the period ending 10 years after March 23, 2018, 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). Nothing in paragraph (2) shall be construed to effect 2 any liability imposed by the Secretary concerned under section 251.56(d) of title 36, Code of Federal Regulations (as in effect on March 23, 2018) and section 2807.12 of title 43, Code of Federal Regulations (as in effect on March 23, 2018), for activities conducted by an owner or operator in accordance with an approved plan under subsection (c). The Secretary concerned shall report requests and actions made under subsection (f) annually on the website of the Secretary concerned. Not later than four years after March 23, 2018, 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). 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— understand how existing and emerging unmanned technologies can help electric utilities, the Federal Government, State and local governments, and private landowners— The Secretary concerned shall— 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 March 23, 2018.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 94-579(S. 507)1976-10-21
    Federal Land Policy and Management Act of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-141(H.R. 1625)2018-03-23
    Consolidated Appropriations Act, 2018
    House: 256–167Senate: no recorded tally