Routine Operations and Maintenance to Reduce Fire Risk on Utility Rights-of-Way
May 20, 2019
In Reply Refer To:
2800 (CA-930) P
EMS TRANSMISSION 05/20/2019
Instruction Memorandum No. CA-2019-007
Expires: 12/31/2019
To: BLM California District Managers, Field Managers, and Realty Specialists
From: Joe Stout, Acting State Director
Subject: Routine Operations and Maintenance to Reduce Fire Risk on Utility Rights-of-Way
Program Area: Lands and Realty, Biological and Cultural Resources, Forestry and NEPA
Purpose: 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 during the 2019 wildfire season.
Administrative or Mission Related: Mission
Policy/Action: Electric transmission and distribution facility ROW holders have the authority and responsibility to conduct routine operations and maintenance (O&M) activities within their ROW (see 43 CFR 2805.14 (a)). If electric utilities on public land present a public health and safety hazard or pose a threat to public land resources, it is the responsibility of the facility owner to address this threat (see 43 CFR 2805.12 (a)). To prevent the risk of wildfire, ROW holders should conduct routine O&M activities for their facilities on public land. In taking such action, they are responsible for ensuring that their activities comply with all applicable state and federal laws (see 43 CFR 2805.12 (a)).
Under this policy, to facilitate and expedite O&M activities necessary to reduce the risk of wildfire, ROW holders under the jurisdiction of BLM California may immediately carry out O&M work to prevent wildfire so long as they notify the appropriate BLM California Field Office within 30 days of completing such work. If a ROW grant requires a notice to proceed or prior approval from the authorized officer before conducting O&M, and the ROW holder believes that not conducting this activity presents a wildfire risk, this policy will supersede such grant-specific direction.
The type of information that will be submitted to the BLM for notification includes, but is not limited to: location (legal description, maps, etc.); access route; type of work; acreage and mileage 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 timber cut greater than 8 inches; best management practices used; utility company point of contact; and BLM serial number for the ROW. Field offices will upload this data to a California State Office SharePoint site (a link will be provided by the end of May). Data collected during 2019 will be incorporated into ongoing efforts to streamline ROW processes as well as facilitate ROW renewals and consolidations, where appropriate.
To control hazard trees, follow direction as set forth in sec. 512 of the Federal Land Policy and Management Act. A vegetative sale contract may 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.
CA IM 2017-019 recognized the need to facilitate requests to conduct vegetation management along ROWs. By removing requirements to notify the BLM before routine O&M actions are taken on electrical transmission and distribution facilities, this policy temporarily supersedes guidance found in CA IM 2017-019. CA IM 2017-019 expires December 31, 2019.
The BLM will work with ROW holders on an end-of-year review of O&M actions taken in 2019 in order to plan for the following year and to identify any follow-up actions or modifications that may be required.
Timeframe: Effective immediately through December 2019.
Budget Impact: 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.
Background: In recent years, the number and scope of wildfires in California has increased substantially. In 2017 and 2018, California experienced seven of the most devastating wildfires in its history. 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.
Secretarial Order 3372 “Reducing Wildfire Risks on Department of the Interior Land Through Active Management” (01/02/2019) builds upon Executive Order 13855 for the Department of the Interior. 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 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.
Manual/ Handbook Sections Affected: None
Coordination: CA-930
Contact: Erik Pignata, Realty Specialist and ROW Program Lead, California State Office, (916) 978-4655 or epignata@blm.gov.
Signed by:
Joseph Stout
Acting State Director
Authenticated by:
Larry Weitzel
GIS/Applications Mgmt. Branch, CA-946