Edison Electric Institute Memorandum of Understanding; Vegetation Management in Electric Utility Corridors

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
https://www.blm.gov

July 19, 2018

In Reply Refer To:

2880, 4120 (301/220) P

EMS TRANSMISSION 07/19/2018

Instruction Memorandum No. 2018-070                   

Expires: 9/30/2021

To:                  All Field Office Officials

From:              Assistant Director, Energy, Minerals, and Realty Management

Subject:           Edison Electric Institute Memorandum of Understanding; Vegetation Management in Electric Utility Corridors                                                                       

Program Areas:  Rights-of-Way (ROW), Wildland Fire Management, Emergency Stabilization and Restoration, Threatened and Endangered Species, Wildlife Habitat and Noxious Weeds/Invasive Species.

Purpose:  The purpose of this Instruction Memorandum (IM) is to provide guidance to state/district/field offices on vegetation management consistent with the Memorandum of Understanding (MOU) that the Bureau of Land Management (BLM) and other Federal agencies signed with the Edison Electric Institute (EEI), dated June 29, 2016, to establish sound Integrated Vegetation Management (IVM) practices in electric utility corridors.  This IM also clarifies the requirements for notification, National Environmental Policy Act (NEPA) compliance, and resource surveys for vegetation management actions and hazard tree removals conducted by ROW holders.  The overall objective of this policy is to ensure that ROW holders are not unnecessarily delayed or prevented from carrying out their obligations to mitigate hazards to public safety and private property within and adjacent to their ROW.

Administrative or Mission Related:  This Instruction Memorandum is directly related to the BLM’s mission, which includes the management of ROWs on public land for “generation, transmission, and distribution of electric energy” (43 USC 1761(a)(4)).

Policy/Action:

MOU Implementation Guidance

The MOU identifies requirements for EEI member utility companies to comply with all applicable Federal, tribal, State, and local laws, regulations, policies, and Executive Orders mandating electric transmission reliability, environmental protection, as well as protection of cultural resources on public and private lands.

The MOU outlines coordination that will occur between Federal land management agencies, including the BLM, and utility companies that hold ROWs, including:

• operations and maintenance plans,
• safety plans,
• vegetation management plans,
• emergency maintenance activities,
• training and technical assistance, and
• permit deviations.

BLM staff members will fully review the MOU in order to understand the roles and responsibilities of each party.

The following is guidance for BLM offices to use in implementing this MOU:

1. BLM state offices are responsible for implementing, within each state, a comprehensive and consistent approach to vegetation management under this MOU, including coordination with adjacent states to achieve consistency across state boundaries for mutually affected utilities.
2. Within 6 months of issuance of this IM, a single BLM staff contact located in either a BLM field, district, or state office will be identified to serve as the statewide point of contact to handle implementation of this MOU with respective utility companies, and to work with companies to update or develop their vegetation management plans.  To the extent feasible, the BLM will collaborate with the respective signatory agencies in this MOU to develop consistent inter-agency processes and vegetation plan elements during development or updating of these plans.  The goal is to have a single process within each utility’s territory that is implemented consistently by each local office representing each respective agency.  The process should clearly establish information requirements and acceptable standards for impact avoidance and resource monitoring. 
3. BLM field offices are strongly encouraged to use and incorporate the utility’s Vegetation Management Plan to identify standard operation and maintenance protocols related to vegetation management.  Once the annual vegetation management plans are reviewed by the agency and appropriate best management practices are incorporated into the overall plan, vegetation management activities should be allowed to proceed within pre-established guidelines and as part of standard operation and maintenance activities without further approval.  The plan should establish the criteria for determining when additional review and agency approval are required and identify reasonable response timeframes for approving these activities.  Provisions must also be developed to appropriately respond to emergency situations where there is an imminent threat to electrical facilities involving vegetation and recognize that the MOU states that ROW holders may address emergencies immediately and notify the BLM after taking action.  Vegetation management plans will address wildland fire risk from and to electrical utility infrastructure. 
4. The BLM will work with each utility to address vegetation management issues in areas adjacent to, but outside the right of way boundary, that are determined to pose a threat to the electrical facility.  To the extent feasible, these issues should be addressed as part of standard operation and maintenance activities and without the need for additional authorizations and processes.

Vegetation Management Actions for Electric Transmission and Distribution ROWs

Right-of-way grants anticipate and authorize certain vegetation management actions and hazard tree removals necessary to operate and maintain the facilities in the ROW grant for the term of the ROW grant.  Public Law 115-141 defines a hazard tree as any tree or part thereof (whether located inside or outside a ROW) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary of the Interior or the owner or operator of a transmission or distribution facility to be:

1. dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and
2. if the tree or part of the tree failed, likely to--

1. cause substantial damage or disruption to a transmission or distribution facility; or
2. come within 10 feet of an electric power line.

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 ROW, the owner or operator of the electric transmission or distribution lines may prune or remove the vegetation or hazard tree to avoid the disruption of electric service and eliminate immediate fire and safety hazards.  In this case, the owner or operator shall notify the local BLM field or district office no later than 1 day after the date of the response to emergency conditions.

Additionally, non-emergency vegetation management activities conducted by the ROW holder may be: 1) already authorized by the ROW grant, and require no BLM notification; 2) already authorized by the ROW grant, but require BLM notification; and 3) not authorized by the ROW grant, and require a separate authorization from the BLM.

1. Vegetation management activities authorized by the ROW grant that do not require BLM notification:  Vegetation management activities that are explicitly described and authorized in the ROW grant do not require BLM notification, unless specified otherwise in the ROW grant.  In addition, vegetation management activities that are not explicitly addressed in the ROW grant but are required by the ROW regulations are considered to be authorized without further NEPA compliance, site surveys, or a BLM decision.  Included in this category are emergency actions as described in the MOU.  These activities are required of the ROW holder and were authorized at the signing of the ROW grant.  The ROW holder is still required to coordinate with other relevant Federal and State agencies as necessary.

The ROW holder is required to maintain vegetation within the ROW grant, as well as vegetation adjacent to the ROW grant if necessary for the operation and maintenance of the facilities in the ROW.  Vegetation and timber that is cut remains the property of the Government (43 CFR 2805.15) and may be sold to the grantee for appraised value in accordance with 43 CFR 5400.

The following regulations specifically address vegetation management in and adjacent to ROW grants.  By accepting a grant or lease, the grant holder agrees to comply with and be bound by these terms and conditions:

• During construction, operation, maintenance, and termination of the project, the grant holder must:
  • Do everything reasonable to prevent and suppress wildfires on or in the immediate vicinity of the right-of-way area, and
  • Control and prevent damage to public and private property and public health and safety. (43 CFR 2805.12(a)(4)) and (43 CFR 2805.12(a)(8)(iii))
• A right-of-way grant also conveys the right to do minor trimming, pruning, and removing of vegetation to maintain the right-of-way facility.  (43 CFR 2805.14(d))

2. Vegetation management activities authorized by the ROW grant that do require BLM notification:  ROW grants may have stipulations that require the ROW holder to notify the BLM prior to conducting certain authorized vegetation management actions.  Unless specified in the ROW grant, these vegetation management actions do not require the BLM to complete additional NEPA analysis (including Categorical Exclusions), site surveys, or issue a separate decision.  However, the notification does provide the opportunity for the BLM to share information with the ROW holder on potential or known environmental considerations in the ROW area, and for the ROW holder to coordinate with the BLM and other relevant Federal and State agencies as necessary.
3. Vegetation management activities that are not authorized by the ROW grant and require a separate BLM authorization:  In rare cases, a ROW grant may specify certain vegetation management actions that are not covered in the ROW grant and require a separate BLM authorization, which may require an associated NEPA analysis and site surveys.  The BLM will aim to process these authorizations within 15 days of receiving the notification from the ROW holder or as identified in the vegetation management plan.

Timeframe:  This IM is effective upon date of issuance.

Background:  The BLM and other Federal agencies signed with the EEI dated June 29, 2016, establishes sound IVM practices in electric utility corridors.  The other Federal signatory agencies include the U.S. Forest Service (USFS), U.S. Fish and Wildlife Service (USFWS), National Park Service (NPS), and the Environmental Protection Agency (EPA).  EEI is the association of United States shareholder-owned electric companies, international affiliates, and industry associates.  The EEI members serve 71 percent of all electric utility customers in the nation.  This MOU updates the previous MOU signed by EEI, USFWS, NPS, USFS, EPA and the BLM in 2006.  The MOU complies with White House Executive Order 13212 (May 2001) for Federal agencies and departments to coordinate and cooperate on energy-related projects.

The MOU facilitates coordination and cooperation among the EEI member utility companies and the Federal agencies by providing practical, sustainable, cost-effective policies, procedures, and practices that will reduce risks to the environment and the public, while ensuring safe, reliable, and uninterrupted electrical services to customers using an IVM approach to managing vegetation within and adjacent to the electric utility corridors.  The IVM practices reduce the need for pesticides, promote healthy ecosystems, and provide measurable results, such as greater natural species diversity along ROWs and better control of invasive species.  In addition, IVM contributes to prevention of wildfires around utility ROWs, and improves safety for the public and utility workers.

Section 211 of Title II of Public Law 115-141 amended the Federal Land Policy and Management Act (FLPMA) to add Section 512 titled “Vegetation Management, Facility Inspection, and Operation and Maintenance Relating to Electrical Transmission and Distribution Facility Rights of Way.” Section 512 addresses vegetation management plans, clarifies activities that require approval and environmental analysis, and establishes a process for emergency conditions among other topics.  This IM implements portions of Section 512 of the FLPMA.

The destructive 2017 fire season in the Western United States demonstrates the need for effectively addressing vegetation and fuels management issues associated with electrical transmission lines.  

Manual/ Handbook Sections Affected:  No Manual or Handbook sections are affected.

Coordination:  Preparation of this IM was coordinated with the BLM Washington Office WO-220 and WO-301 and the BLM Fire Center FA-600.

Contact:  If you have any questions regarding this IM, please contact Gina Ramos, Senior Weeds Specialist at (202) 912-7226, Wade Salverson, Public Domain Forester at 202-912-7247 or Michael Hildner, Planning and Environmental Analyst at 202 912-7419.

Signed by:                                                       Authenticated by:

Michael D. Nedd                                            Robert M. Williams

Assistant Director                                           Division of IT Policy and Planning,WO-870

Energy, Minerals, and Realty

    Management

1 Attachment

   1 - Memorandum of Understanding (14 pp)