H.R. 1873House115th Congress (2017-2019)Passed House

Electricity Reliability and Forest Protection Act

Introduced April 4, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:26 PM UTC

The Electricity Reliability and Forest Protection Act amends the Federal Land Policy and Management Act to require that electric transmission and distribution rights‑of‑way on federal lands include clear plans for vegetation management, facility inspection, and operation and maintenance. The goal is to improve the reliability of the power grid and lower the risk of wildfires caused by trees or vegetation near power lines. The rule applies to utilities that own or operate transmission and distribution facilities on lands managed by the Interior Department or the U.S. Forest Service.

Key Provisions

  • The Secretaries of the Interior and Agriculture must ensure all existing and future electric rights‑of‑way on federal lands contain provisions for vegetation management, inspections, and maintenance, developed with the utility holder.
  • Utilities may submit a vegetation‑management, inspection, and O&M plan for approval; the agencies must review and approve plans within 90 days and provide expedited review for urgent actions.
  • In emergencies, utilities can prune or remove hazardous vegetation or trees to prevent power outages or fires, with notification to the agency within 24 hours.
  • If an agency fails to permit required vegetation work, the utility is protected from liability for wildfire damage caused by that failure.
  • The agencies must report annually on requests and actions taken under the emergency and denial provisions, and they must develop training for staff on reliability and fire‑safety standards.
  • Regulations to implement the new requirements must be issued within one year and finalized within two years of enactment.

Legislative Activity

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31 earlier actions
SenateCommittee Latest Action

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

September 19, 2017

View full timeline
HouseIntro Referral

Introduced in House

April 4, 2017

HouseIntro Referral

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.

April 4, 2017

HouseCommittee

Referred to the Subcommittee on Federal Lands.

April 11, 2017

HouseCommittee

Referred to the Subcommittee on Water, Power and Oceans.

April 11, 2017

HouseCommittee

Referred to the Subcommittee on Conservation and Forestry.

April 24, 2017

HouseCommittee

Subcommittee on Water, Power and Oceans Discharged.

April 27, 2017

HouseCommittee

Subcommittee on Federal Lands Discharged.

April 27, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 27, 2017

HouseCommittee

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

April 27, 2017

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H2991)

May 1, 2017

HouseCommittee

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

June 12, 2017

HouseCommittee

Committee on Agriculture discharged.

June 12, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 110.

June 12, 2017

HouseFloor

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.

June 20, 2017 • 6:37 PM

HouseFloor

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

June 21, 2017 • 3:03 PM

HouseFloor

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.

June 21, 2017 • 3:03 PM

HouseFloor

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

June 21, 2017 • 3:04 PM

HouseFloor

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

June 21, 2017 • 3:04 PM

HouseFloor

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

June 21, 2017 • 3:05 PM

HouseFloor

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.

June 21, 2017 • 3:41 PM

HouseFloor

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.

June 21, 2017 • 3:46 PM

HouseFloor

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.

June 21, 2017 • 3:47 PM

HouseFloor

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.

June 21, 2017 • 3:51 PM

HouseFloor

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.

June 21, 2017 • 3:56 PM

HouseFloor

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

June 21, 2017 • 4:23 PM

HouseFloor

The previous question was ordered pursuant to the rule.

June 21, 2017 • 4:29 PM

HouseFloor

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)

June 21, 2017 • 4:29 PM

HouseFloor

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

June 21, 2017 • 4:40 PM

HouseFloor

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

June 21, 2017 • 4:40 PM

HouseFloor

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

June 21, 2017 • 4:40 PM

SenateIntro Referral

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

June 22, 2017

SenateCommittee

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

September 19, 2017

Amendments

3 amendments

Offered to this bill

Floor Debate

22 members

What members said about H.R. 1873 on the floor

8 Republicans14 Democrats
Jared Polis
Rep. Jared PolisD-CO-2 · Jul 12, 2017

Mr. Speaker, I thank the gentleman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the rule for providing debate on the…

Jared Polis
Rep. Jared PolisD-CO-2 · Jun 21, 2017

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentleman for yielding me the customary 30 minutes. First, I want to rise in agreement with my friend from Washington's…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Jul 12, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 431 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Dan Newhouse
Rep. Dan NewhouseR-WA-4 · Jun 21, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 392 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-3 · Jun 21, 2017

Mr. Chairman, I yield myself such time as I may consume. Wildfires are a huge problem in our country. They are becoming more frequent and more intense, and they pose a growing threat to public safety…

Show 8 more
Daniel Webster
Rep. Daniel WebsterR-FL-11 · Jun 21, 2017

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include any extraneous material on the bill. Mr. Chairman, I yield myself such…

Liz Cheney
Rep. Liz CheneyR-WY · Jun 21, 2017

Mr. Speaker, I would like to thank very much my colleague from Washington particularly for calling me ``young.'' I appreciate that always. Mr. Speaker, I have enjoyed listening to the colloquy taking…

Liz Cheney
Rep. Liz CheneyR-WY · Jul 12, 2017

Mr. Speaker, I thank very much my colleague from both the Rules Committee and the Armed Services Committee, Mr. Byrne, for his work on this bill. Mr. Speaker, I rise today to urge my colleagues to…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jun 15, 2017

Mr. Speaker, I thank the gentleman for yielding, and I thank him for his comments. Yesterday was a long and emotional day for the people in this House. A cowardly act of violence was directed at our…

Jacky Rosen
Rep. Jacky RosenD-NV-3 · Jul 12, 2017

Mr. Speaker, if today's vote on the previous question fails, instead of voting on a partisan bill that rolls back key environmental laws, overturns State law, and ignores real solutions to our water…

Lloyd Doggett
Rep. Lloyd DoggettD-TX-35 · Jun 21, 2017

Will the gentleman yield? Mr. Speaker, I would just ask the gentleman a couple questions to underline a couple of the really important points you made about the context in which this bill is…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-4 · Jun 21, 2017

Mr. Chairman, I rise today in support of H.R. 1873, legislation sponsored by my colleagues from the Western Caucus, which improves the reliability of our electrical grid while, at the same time,…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 15, 2017

Mr. Speaker, before I yield to the gentleman from California (Mr. McCarthy) for the purpose of asking the majority leader the schedule for the week to come, I want to just make a comment. Yesterday,…

Show 11 more
Doug LaMalfa
Rep. Doug LaMalfaR-CA-1 · Jun 21, 2017

Mr. Chair, I also thank Mr. Webster for managing this legislation for us here on the floor today. I appreciate it. I rise today as a sponsor in strong support, of course, of H.R. 1873. It is indeed a…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jun 21, 2017

Mr. Speaker, I rise in opposition to the rule. Here we are again. We are debating a bill to roll back regulations that protect the public, if I am not mistaken, Mr. Speaker. I think we are a little…

Donald S. Beyer, Jr.
Rep. Donald S. Beyer, Jr.D-VA-8 · Jun 21, 2017

Mr. Chairman, I rise to offer an amendment to the bill. Mr. Chairman, I believe the bill before us today is a well-intentioned attempt to create a process which would minimize the risk of fire along…

Rob Bishop
Rep. Rob BishopR-UT-1 · Jun 21, 2017

Mr. Chairman, management of the forests and forest fires is an important and significant topic, but it is not the issue that we are having here today. Climate change is an important significant…

Kyrsten Sinema
Rep. Kyrsten SinemaD-AZ-9 · Jun 21, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I thank Chairman Bishop and Ranking Member Grijalva for their leadership. I also thank Congressman LaMalfa, Congressman Schrader, and all…

Salud O. Carbajal
Rep. Salud O. CarbajalD-CA-24 · Jun 21, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment to H.R. 1873 ensures that we make up-front vegetation management planning a requirement for utilities that hold transmission…

Kurt Schrader
Rep. Kurt SchraderD-OR-5 · Jun 21, 2017

Mr. Chair, I rise today in strong support of H.R. 1873, the bipartisan Electricity Reliability and Forest Protection Act. I want to thank my colleague from California (Mr. LaMalfa) for working with…

Ruben Gallego
Rep. Ruben GallegoD-AZ-7 · Jul 12, 2017

Mr. Speaker, this rule is a travesty. If we vote to approve it, an amendment unanimously supported by the Armed Services Committee--unanimously, all Democrats and all Republicans would compromise…

Peter Welch
Rep. Peter WelchD-VT · Jul 12, 2017

Mr. Speaker, first of all, I want to acknowledge the good work of Chairman Thornberry and Ranking Member Smith in the Armed Services Committee. As my colleague from Alabama said, there is nothing…

Collin C. Peterson
Rep. Collin C. PetersonD-MN-7 · Jun 21, 2017

Mr. Chair, I rise today to urge my colleagues to support H.R.1873, the Electricity Reliability and Forest Protection Act. This important legislation is meant to proactively prevent major utility…

Jim Costa
Rep. Jim CostaD-CA-16 · Jun 21, 2017

Mr. Chairman, I thank the gentleman from Arizona for yielding me time. Mr. Chairman, I rise today to commend my colleagues for this commonsense legislation. As a result of drought and the bark…

Bill Text

4 versions available

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Latest
Referred in SenateIssued June 22, 2017

IIB

115th CONGRESS

1st Session

H. R. 1873

IN THE SENATE OF THE UNITED STATES

June 22, 2017

Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To amend the Federal Land Policy and Management Act of 1976 to enhance the reliability of the electricity grid and reduce the threat of wildfires to and from electric transmission and distribution facilities on Federal lands by facilitating vegetation management on such lands.

1.

Short title

This Act may be cited as the Electricity Reliability and Forest Protection Act.

2.

Vegetation management, facility inspection, and operation and maintenance on Federal lands containing electric transmission and distribution facilities

(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 new section:

512.

Vegetation management, facility inspection, and operation, and maintenance relating to electric transmission and distribution facility rights-of-way

(a)

General direction

In order to enhance the reliability of the electricity grid and reduce the threat of wildfires to and from electric transmission and distribution rights-of-way and related facilities and adjacent property, the Secretary, with respect to public lands and other lands under the jurisdiction of the Secretary, and the Secretary of Agriculture, with respect to National Forest System lands, shall provide direction to ensure that all existing and future rights-of-way, however established (including by grant, special use authorization, and easement), for electrical transmission and distribution facilities on such lands include provisions for utility vegetation management, facility inspection, and operation and maintenance activities that, while consistent with applicable law—

(1)

are developed in consultation with the holder of the right-of-way;

(2)

enable the owner or operator of a facility to operate and maintain the facility in good working order and to comply with Federal, State and local electric system reliability and fire safety requirements, including reliability standards established by the Electric Reliability Organization as defined under 16 U.S.C. 824o(a) and plans to meet such reliability standards;

(3)

minimize the need for case-by-case or annual approvals for—

(A)

routine vegetation management, facility inspection, and operation and maintenance activities within existing electrical transmission and distribution rights-of-way; and

(B)

utility vegetation management activities that are necessary to control hazard trees within or adjacent to electrical transmission and distribution rights-of-way; and

(4)

when review is required, provide for expedited review and approval of utility vegetation management, facility inspection, and operation and maintenance activities, especially activities requiring prompt action to avoid an adverse impact on human safety or electric reliability to avoid fire hazards.

(b)

Vegetation management, facility inspection, and operation and maintenance plans

(1)

Development and submission

Consistent with subsection (a), the Secretary and the Secretary of Agriculture shall provide owners and operators of electric transmission and distribution facilities located on lands described in such subsection with the option to develop and submit a vegetation management, facility inspection, and operation and maintenance plan, that at each transmission or distribution owner or operator’s discretion may cover some or all of the owner or operator’s transmission and distribution rights-of-way on Federal lands, for approval to the Secretary with jurisdiction over the lands. A plan under this paragraph shall enable the owner or operator of a facility, at a minimum, to comply with applicable Federal, State, and local electric system reliability and fire safety requirements, as provided in subsection (a)(2). The Secretaries shall not have the authority to modify those requirements.

(2)

Review and approval process

The Secretary and the Secretary of Agriculture shall jointly develop a consolidated and coordinated process for review and approval of—

(A)

vegetation management, facility inspection, and operation and maintenance plans submitted under paragraph (1) that—

(i)

assures prompt review and approval not to exceed 90 days;

(ii)

includes timelines and benchmarks for agency comments to submitted plans and final approval of such plans;

(iii)

is consistent with applicable law; and

(iv)

minimizes the costs of the process to the reviewing agency and the entity submitting the plans; and

(B)

amendments to the plans in a prompt manner if changed conditions necessitate a modification to a plan.

(3)

Notification

The review and approval process under paragraph (2) shall—

(A)

include notification by the agency of any changed conditions that warrant a modification to a plan;

(B)

provide an opportunity for the owner or operator to submit a proposed plan amendment to address directly the changed condition; and

(C)

allow the owner or operator to continue to implement those elements of the approved plan that do not directly and adversely affect the condition precipitating the need for modification.

(4)

Categorical exclusion process

The Secretary and the Secretary of Agriculture shall apply his or her categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this subsection on existing transmission and distribution rights-of-way under this subsection.

(5)

Implementation

A plan approved under this subsection shall become part of the authorization governing the covered right-of-way and hazard trees adjacent to the right-of-way. If a vegetation management plan is proposed for an existing transmission or distribution facility concurrent with the siting of a new transmission or distribution facility, necessary reviews shall be completed as part of the siting process or sooner. Once the plan is approved, the owner or operator shall provide the agency with only a notification of activities anticipated to be undertaken in the coming year, a description of those activities, and certification that the activities are in accordance with the plan.

(6)

Definitions

In this subsection:

(A)

Vegetation management, facility inspection, and operation and maintenance plan

The term vegetation management, facility inspection, and operation and maintenance plan means a plan that—

(i)

is prepared by the owner or operator of one or more electrical transmission or distribution facilities to cover one or more electric transmission and distribution rights-of-way; and

(ii)

provides for the long-term, cost-effective, efficient and timely management of facilities and vegetation within the width of the right-of-way and adjacent Federal lands to enhance electricity reliability, promote public safety, and avoid fire hazards.

(B)

Owner or Operator

The terms owner and operator include contractors or other agents engaged by the owner or operator of a facility.

(C)

Hazard tree

The term hazard tree means any tree inside the right-of-way or located outside the right-of-way that has been designated, prior to tree failure, by either the owner or operator of a transmission or distribution facility, or the Secretary or the Secretary of Agriculture, to be likely to fail and cause a high risk of injury, damage, or disruption within 10 feet or less of an electric power line or related structure if it fell.

(c)

Response to emergency conditions

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

(1)

may prune or remove the vegetation or hazard tree to avoid the disruption of electric service and risk of fire; and

(2)

shall notify the appropriate local agent of the relevant Secretary not later than 24 hours after such removal.

(d)

Compliance with applicable reliability and safety standards

If vegetation on Federal lands within or adjacent to an electrical transmission or distribution right-of-way under the jurisdiction of each Secretary does not meet clearance requirements under standards established by the Electric Reliability Organization as defined under 16 U.S.C. 824o(a), or by State and local authorities, and the Secretary having jurisdiction over the lands has failed to act to allow a transmission or distribution facility owner or operator to conduct vegetation management activities within 3 business days after receiving a request to allow such activities, the owner or operator may, after notifying the Secretary, conduct such vegetation management activities to meet those clearance requirements.

(e)

Reporting requirement

The Secretary or Secretary of Agriculture shall report requests and actions made under subsections (c) and (d) annually on each Secretary’s website.

(f)

Liability

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—

(1)

the Secretary or the Secretary of Agriculture fails to allow the owner or operator to operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on Federal lands under the relevant Secretary’s jurisdiction within or adjacent to a right-of-way to comply with Federal, State or local electric system reliability and fire safety standards, including standards established by the Electric Reliability Organization as defined under 16 U.S.C. 824o(a); or

(2)

the Secretary or the Secretary of Agriculture fails to allow the owner or operator of the transmission or distribution facility to perform appropriate vegetation management activities in response to a hazard tree as defined under subsection (b)(6), or a tree in imminent danger of contacting the owner’s or operator’s transmission or distribution facility.

(g)

Training and guidance

In consultation with the electric utility industry, the Secretary and the Secretary of Agriculture are encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions on rights-of-way relating to transmission and distribution facilities to ensure that such personnel—

(1)

understand electric system reliability and fire safety requirements, including reliability standards established by the Electric Reliability Organization as defined under 16 U.S.C. 824o(a);

(2)

assist owners and operators of transmission and distribution facilities to comply with applicable electric reliability and fire safety requirements;

(3)

encourage and assist willing owners and operators of transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife so long as 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, Federal, State, and local governments, and private landowners to more efficiently identify vegetation management needs, lower ratepayer energy costs, and reduce the risk of wildfires.

(h)

Implementation

The Secretary of the Interior and the Secretary of Agriculture shall—

(1)

not later than one year after the date of the enactment of this section, prescribe regulations, or amend existing regulations, to implement this section; and

(2)

not later than two years after the date of the enactment of this section, finalize regulations, or amend existing regulations, to implement this section.

(i)

Existing vegetation management, facility inspection and operation and maintenance plans

Nothing in this section requires an owner or operator to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by the Secretary or Secretary of Agriculture before the date of the 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.

.

3.

No loss of funds for wild-fire suppression

Nothing in this Act or the amendments made by this Act shall detract from the availability of funds or other resources for wild-fire suppression.

Passed the House of Representatives June 21, 2017.

Karen L. Haas,

Clerk.