Creating a Pilot Program for Utilities to Manage Vegetation Near Powerlines on Forest Service Lands to Prevent Wildfires (H.R. 2921)

What is H.R. 2921?

(Updated September 23, 2020)

This bill would establish a pilot program allowing electric utilities to conduct vegetation management projects such as tree thinning and fuel reduction within 75 feet of their rights-of-way on lands managed by the Forest Service to prevent wildfires. The pilot program would be funded entirely by utility companies that choose to participate.

To encourage participation, the current strict liability standard would be replaced with a gross negligence standard for off-right-of-way work. That means companies would only be liable if the damage they caused was through gross negligence or a failure to comply with safety requirements imposed by the Forest Service.

Argument in favor

A pilot program aimed at reducing wildfires by letting utility companies manage vegetation near the rights-of-way on Forest Service land would be worthwhile, and in this case it comes at no cost.

Argument opposed

There shouldn’t be a pilot program that lets utility companies manage vegetation outside of their rights-of-way on Forest Service land. The strict liability standard should remain even if it deters participation.

Impact

Participating utility companies; infrastructure, homes, and forest that'd be effected by wildfire; and the Forest Service.

Cost of H.R. 2921

The CBO estimates that implementing this bill would have no significant effect on the federal budget.

Additional Info

In-Depth: Sponsoring Rep. Kevin Cramer (R-ND) introduced this bill to create a privately funded pilot program to conduct vegetation management near utility infrastructure outside of a right-of-way:

“Costs for wildfire management within the Forest Service have gone up significantly, nearly tripling the amount of the agency’s budget in the last 20 plus years. A fire destroying utility infrastructure comes with its own costs from customer outages to replacement. With the private sector footing the bill, everyone benefits from this pilot program – the federal government cuts costs, the risk of fires is reduced, and utilities can better maintain their infrastructure, which benefits all of us.”

This legislation passed the House Agriculture Committee on a voice vote and has the support of nine bipartisan cosponsors, including six Democrats and three Republicans.

Media:

• Sponsoring Rep. Kevin Cramer (R-ND) Press Release
  
• House Agriculture Committee
  
• CBO Cost Estimate