Routine Operations and Maintenance to Reduce Fire Risk on Utility Rights-of- Way

Electric transmission and distribution facility ROW holders have the authority to conduct routine operations and maintenance (O&M) activities within their ROW, 43 CFR 2805.14(a).  ROW holders must also do everything reasonable to prevent and suppress wildfires on or adjacent to 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).  Field Offices should encourage ROW holders to conduct routine O&M activities including inspections to reduce wildfire risk from and to 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, 43 CFR 2805.12(a)(1).  Field Offices should also be aware of BLM IM 2022-036, “Standard Stipulations for Fire Prevention and Control for Electric Transmission and Distribution Rights-of-Way (ROWs).”

To facilitate and expedite O&M activities necessary to reduce the risk of wildfire, the BLM affirms that ROW holders are authorized and responsible to carry out O&M work including inspections to prevent wildfire.  The BLM will encourage ROW holders to provide the Authorized Officer prior oral or written notification of O&M activities. The BLM Field Office will request that ROW holders notify the appropriate BLM Field Office within 30 days of completing such work unless this timeframe conflicts with applicable law and regulation.  If the ROW holder determines that O&M work is necessary to prevent and suppress wildfire, then Field Offices should not generally require the ROW holder to obtain any additional notice to proceed or other form of prior approval before conducting the O&M work.  However, the BLM Field Office will request that any ROW holder planning and authorized to use prescribed fire notify the BLM office with jurisdiction to first determine feasibility and discuss requirements and personnel qualifications to implement prescribed fire on BLM-managed lands (see BLM Handbook 9214-1, Chapters 3 and 5, Fuels Management and Community Assistance). 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, inspections, and other activities, such provisions should not be construed to apply to actions that have already been authorized in a grant or approved operations and maintenance plan, including those required under 43 CFR 2805.12(a)(4), 43 CFR 2805.12(a)(8)(iii), 43 CFR 2805.14(d), or other applicable laws and regulations.  

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. 

When coordinating with ROW holders, the BLM will request that any holder undertaking emergency O&M activities to prevent wildfire identify, as soon as practicable, the location of the ROW and the O&M activities undertaken (legal description, maps, etc.); access route(s); type of treatment work; acreage of treatment area; equipment used; start and end dates; biological data, and cultural survey data (cultural resource data must be submitted in a confidential folder supplied by each BLM office); species, height, and exact diameter of trees cut greater than 8 inches (diameter breast height); best management practices used; the utility company point of contact; and the BLM serial number for the ROW.  Field offices will upload this data to the applicable BLM State Office SharePoint site and provide access to the BLM Headquarters for data mining.  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 (FLPMA) for ROW holders controlling vegetation associated with electric transmission or distribution lines, including hazard trees.  In most situations, FLPMA requires that the United States receive fair market value for vegetative resources; a vegetative sale contract may need to be prepared after work has been completed if the treatment results in marketable timber. 

This guidance does not supersede or negate any requirements imposed by State or Federal law. 

The BLM will work with ROW holders to identify any follow-up actions or modifications that may be required to implement this policy.