Routine Operations and Maintenance to Reduce Fire Risk on Utility Rights-of-Way
2800 (CA-930) P
This Instruction Memorandum (IM) establishes policy regarding routine operations and maintenance activities on electric utilities’ rights-of-way (ROW) to reduce the risk of wildfire.
Mission
Electric transmission and distribution facility ROW holders have the authority to conduct routine operations and maintenance (O&M) activities within their ROW (see 43 CFR 2805.14(a)). ROW holders must also do everything reasonable to prevent wildfires within or near the ROW area, 43 CFR 2805.12(a)(4), and comply with project-specific terms, conditions, and stipulations, including any requirements to control or prevent damage to property, and public health and safety (43 CFR 2805.12(a)(8)(iii)). To prevent the risk of wildfire, field offices should encourage ROW holders to conduct routine O&M activities for their facilities on public land. In taking such actions, ROW holders are responsible for ensuring that their activities comply to the maximum extent practicable with all applicable state and federal laws (see 43 CFR 2805.12(a)(1)).
ROW holders should be encouraged to provide the Authorized Officer prior oral or written notification of O&M activities. Prior notification ensures O&M activities will not conflict with other uses on public land and assists the Authorized Officer with inquiries from the public. Notification does not require follow-up or approval for the ROW holder to complete the activity.
Field offices should inform ROW holders that they are authorized and responsible to carry out O&M activities to prevent wildfire. To the extent the terms and conditions of a ROW grant generally require a notice to proceed or other form of prior approval before a ROW holder conducts O&M activities, such provisions should not be construed to apply to actions that have already been authorized, including those required under 43 CFR 2805.12(a)(4),43 CFR 2805.12(a)(8)(iii), or other applicable laws and regulations. If the ROW holder determines that O&M work is reasonably necessary to prevent wildfire, then field offices should not require the ROW holder to obtain any additional notice to proceed or other form of prior approval before conducting this O&M work.
Requests for review and approval of the work packages for completed O&M activities shall be submitted to the appropriate BLM field office within 30 days of completing such work, unless this timeframe is in conflict with applicable law and regulation.
When coordinating with ROW holders, the BLM should request that, as soon as practicable, any holder undertaking O&M work to prevent wildfire that may require review and approval, provide the location of the ROW and the O&M activities undertaken (legal description, maps, etc.); access route; type of work; acreage of treatment area; equipment used; start and end dates; biological data or cultural survey data (cultural resource data must be submitted in a confidential folder supplied by each BLM office); species and exact diameter of trees cut greater than 8 inches; best management practices used; vegetation treatment plan for work performed; utility company point of contact; and BLM serial number for the ROW. Field offices will conduct field verification on at least 10% of submitted work requests. The realty specialist will upload this data to the California State Office SharePoint site. Data collected will be incorporated into ongoing efforts to streamline ROW processes as well as facilitate ROW renewals and consolidations, where appropriate.
Field offices will follow direction as set forth in Section 512 of the Federal Land Policy and Management Act for ROW holders controlling vegetation associated with electric transmission or distribution lines, including hazard trees. Controlling vegetation that could cause wildfires (i.e. trimming, felling hazard trees) may lead to fuel loading in the vicinity of the ROW. Timely and proper removal or treatment of the vegetation fuel load would greatly decrease fire risk on public lands. A vegetative sale contract may need to be prepared after work has been completed.
This guidance does not supersede or negate any requirements imposed by state or federal law or national BLM policy.
The BLM will work with ROW holders to identify any follow-up actions or modifications that may be required to implement this policy.
Effective immediately through December 2025 but may be modified, extended, or canceled prior to that date if the O&M Plan being drafted by the Bakersfield Field Office Utility Master Operations, Maintenance, and Consolidation (MOMAC) Project is implemented Statewide prior to expiration.
The policy will have minimal budget impact, as ROW regulations allow the BLM to collect cost recovery fees from the ROW holder to cover the costs of monitoring the operation and maintenance activities of permanent or temporary facilities on public land.
In recent years, the number and scope of wildfires across the West has increased substantially. This destructive wildfire trend emphasizes the need for effective vegetation management and facilities maintenance to reduce the threat of wildfire in association with electrical transmission and distribution lines.
Secretary’s Order 3372, “Reducing Wildfire Risks on Department of the Interior Land Through Active Management” (01/02/2019) builds upon Executive Order 13855, “Promoting Active Management of America’s Forests, Rangelands, and Other Federal Lands to Improve Conditions and Reduce Wildfire Risk.” The intent of this Order is to implement active vegetation management to reduce the risk of catastrophic wildfire.
Section 211 of Title 2 of Public Law 115-141 amended the Federal Land Policy and Management Act to add Section 512 titled “Vegetation Management, Facility Inspection, and Operations and Maintenance Relating to Electrical Transmission and Distribution of Facility Rights-of-Way.” This regulation acknowledges that it may be necessary to address conditions outside a ROW to prevent wildfire.
WO IM 2018-070 emphasizes that routine vegetation maintenance is the responsibility of the electrical utility facility owners, and to the extent feasible, the BLM will address vegetation management issues without the need for additional authorizations and processes.
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Alison Lipscomb, Realty Specialist, (661) 401-8788 or alipscomb@blm.gov or Erik Pignata, Realty Specialist, (916) 978-4655 or epignata@blm.gov.
California