S.Amdt. 3225

SA 3225. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ___. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-
WAY.

(a) Authorization.--The Secretary of the Interior or the
Secretary of Agriculture may authorize an owner or operator
of an electric transmission or distribution facility to
manage vegetation selectively within 150 feet of the exterior
boundary of the right-of-way near structures for selective
thinning and fuel reduction.
(b) Requirements.--Management of vegetation under this
section shall--
(1) be limited to wildfire prevention, such as hazardous
fuel buildup near structures and hazard trees;
(2) be at the expense of the right-of-way holder; and
(3) not include commercial timber harvesting, logging,
prescribed burning, or clear cutting.
(c) Status of Removed Vegetation.--Any vegetation removed
pursuant to this section shall be the property of the United
States and not available for sale by the owner or operator.
(d) Limitation on Liability.--An owner or operator of an
electric transmission or distribution facility shall not be
held liable for wildfire, damage, loss, or injury, including
the cost of fire suppression, resulting from activities
carried out pursuant to subsection (a), except in the case of
harm resulting from the gross negligence or criminal
misconduct of the owner or operator.
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