,,ii #aaeth ,,congress #ast ,session ,s4 #bjgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjag,mr4 ,bennet 7for himself1 ,mr4 ,gardner1 and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to establish a vegetation management pilot program on ,national ,forest ,system land to better protect utility infrastructure from passing wildfire1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,forest ,system ,vegetation ,management ,pilot ,program ,act of #bjag4 #b4 ,utility infrastructure rights-of-way vegetation management pilot program 7a7 ,definitions ,in this section3 7#a7 ,national ,forest ,system land 7,a7 ,in general ,the term ,national ,forest ,system land means land within the ,national ,forest ,system1 as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7,b7 ,exclusions ,the term ,national ,forest ,system land does not include-- 7i7 a ,national ,grassland2 or 7ii7 a land utilization project on land designated as a ,national ,grassland and administered pursuant to sections #ca1 #cb1 and #cc of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj1 #ajaa1 #ajab74 7#b7 ,passing wildfire ,the term passing wildfire means a wildfire that originates outside of a right-of-way4 7#c7 ,pilot program ,the term pilot program means the pilot program established by the ,secretary under subsection 7b74 7#d7 ,right-of-way ,the term right-of-way means a special use authorization issued by the ,forest ,service allowing the placement of utility infrastructure4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#f7 ,utility infrastructure ,the term utility infrastructure means electric transmission lines1 natural gas infrastructure1 or related structures4 7b7 ,establishment ,to encourage owners or operators of rights-of-way on ,national ,forest ,system land to partner with the ,forest ,service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility infrastructure from potential passing wildfires1 the ,secretary shall establish a limited1 voluntary pilot program1 in the manner described in this section1 to conduct vegetation management projects on ,national ,forest ,system land adjacent to or near those rights-of-way4 7c7 ,eligible participants 7#a7 ,in general ,a participant in the pilot program shall be the owner or operator of a right-of-way on ,national ,forest ,system land4 7#b7 ,selection priority ,in selecting participants for the pilot program1 the ,secretary shall give priority to an owner or operator of a right-of-way that has worked with ,forest ,service fire scientists and used technologies1 such as light detection and ranging surveys1 to improve utility infrastructure protection prescriptions4 7d7 ,vegetation management projects 7#a7 ,in general ,a vegetation management project conducted under the pilot program shall involve only limited and selective vegetation management activities that-- 7,a7 shall create the least disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models1 including ,forest ,service fuel models2 7,b7 may include thinning1 fuel reduction1 creation and treatment of shaded fuel breaks1 and other appropriate measures2 7,c7 shall only be conducted on ,national ,forest ,system land-- 7i7 adjacent to the right-of-way of a participant2 or 7ii7 within #ge feet of the right-of-way of a participant2 and 7,d7 shall not be conducted on-- 7i7 a component of the ,national ,wilderness ,preservation ,system2 7ii7 a designated wilderness study area2 or 7iii7 an inventoried roadless area4 7#b7 ,approval ,each vegetation management project described in paragraph 7#a7 7including each vegetation management activity described in subparagraphs 7,a7 through 7,d7 of that paragraph7 shall be subject to approval by the ,forest ,service in accordance with this section4 7e7 ,project costs 7#a7 ,in general ,except as provided in paragraph 7#b71 a participant in the pilot program shall be responsible for all costs1 as determined by the ,secretary1 incurred in participating in the pilot program4 7#b7 ,federal funding ,the ,secretary may contribute funds for a vegetation management project conducted under the pilot program if the ,secretary determines that the contribution is in the public interest4 7f7 ,liability 7#a7 ,in general ,participation in the pilot program shall not affect any legal obligations or liability standards that-- 7,a7 arise under the right-of-way for activities in the right-of-way2 or 7,b7 apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project conducted under the pilot program4 7#b7 ,project work ,a participant in the pilot program shall not be liable to the ,united ,states for damage proximately caused by an activity conducted pursuant to an approved vegetation management project conducted under the pilot program1 unless-- 7,a7 the activity was carried out in a manner that was grossly negligent or that violated criminal law2 or 7,b7 the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the ,forest ,service as a condition of participation in the pilot program4 7g7 ,implementation 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall use the authority of the ,secretary under other laws 7including regulations7 to carry out the pilot program4 7#b7 ,modification of regulations ,in order to implement the pilot program in an efficient and expeditious manner1 the ,secretary may waive or modify specific provisions of the ,federal ,acquisition ,regulation1 including waivers or modifications to allow for the formation of contracts or agreements on a noncompetitive basis4 7h7 ,treatment of proceeds ,notwithstanding any other provision of law1 the ,secretary may-- 7#a7 retain any funds provided to the ,forest ,service by a participant in the pilot program2 and 7#b7 use funds retained under paragraph 7#a71 in such amounts as may be appropriated1 to carry out the pilot program4 7i7 ,report to ,congress ,not later than ,december #ca1 #bjai1 and every #b years thereafter through ,december #ca1 #bjbg1 the ,secretary shall submit a report describing the status of the pilot program and vegetation management projects conducted under the pilot program to-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7#b7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7#c7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#d7 the ,committee on ,agriculture of the ,house of ,representatives4 7j7 ,duration ,the authority to carry out the pilot program1 including any vegetation management project conducted under the pilot program1 expires on ,december #ca1 #bjbg4