43 U.S.C. § 1772 — Vegetation managment,1 facility inspec-

Page 580 TITLE 43—PUBLIC LANDS § 1771 1 So in original. Probably should be followed by ‘‘209’’. 1 So in original. Probably should be ‘‘management,’’. of conflict with, or inconsistency between, this subchapter and sections 532 to 538 of title 16, the latter shall prevail: Provided further, That noth- ing in this Act should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require disclo- sure pursuant to section 1761(b) of this title or impose any other condition contemplated by this Act that is contrary to present practices of that Secretary under sections 532 to 538 of title 16. Any pending application for a right-of-way under any other law on the effective date of this section shall be considered as an application under this subchapter. The Secretary concerned may require the applicant to submit any addi- tional information he deems necessary to com- ply with the requirements of this subchapter. (b) Highway use Nothing in this subchapter shall be construed to preclude the use of lands covered by this sub- chapter for highway purposes pursuant to sec- tions 107 and 317 of title 23. (c) Application of antitrust laws (1) Nothing in this subchapter shall be con- strued as exempting any holder of a right-of-way issued under this subchapter from any provision of the antitrust laws of the United States. (2) For the purposes of this subsection, the term ‘‘antitrust laws’’ includes the Act of July 2, 1890 (26 Stat.1 15 U.S.C. 1 et seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9]. (Pub. L. 94–579, title V, § 510, Oct. 21, 1976, 90 Stat. 2782.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification of this Act to the Code, see Tables. The effective date of this section, referred to in sub- sec. (a), probably means the date of enactment of this section by Pub. L. 94–579, which was approved Oct. 21, 1976. Act of July 2, 1890, referred to in subsec. (c)(2), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. Act of October 15, 1914, referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clay- ton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Ta- bles. The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classifica- tion of this Act to the Code, see section 58 of Title 15 and Tables. Sections 73 and 74 of the Act of August 27, 1894, re- ferred to in subsec. (c), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which are classified to sections 8 and 9 of Title 15. Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1771. Coordination of applications Applicants before Federal departments and agencies other than the Department of the Inte- rior or Agriculture seeking a license, certificate, or other authority for a project which involve a right-of-way over, upon, under, or through pub- lic land or National Forest System lands must simultaneously apply to the Secretary con- cerned for the appropriate authority to use pub- lic lands or National Forest System lands and submit to the Secretary concerned all informa- tion furnished to the other Federal department or agency. (Pub. L. 94–579, title V, § 511, Oct. 21, 1976, 90 Stat. 2782.) Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1772. Vegetation managment,1 facility inspec- tion, and operation and maintenance relat- ing to electric transmission and distribution facility rights of way (a) Definitions In this section: (1) Hazard tree The term ‘‘hazard tree’’ means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or oper- ator of a transmission or distribution facility to be— (A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation manage- ment cycle; and (B) if the tree or part of the tree failed, likely to— (i) cause substantial damage or disrup- tion to a transmission or distribution fa- cility; or (ii) come within 10 feet of an electric power line. (2) Owner; operator The terms ‘‘owner’’ and ‘‘operator’’ include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. (3) Plan The term ‘‘plan’’ means a vegetation man- agement, facility inspection, and operation and maintenance plan that— (A) is prepared by the owner or operator of 1 or more electric transmission or distribu- Page 581 TITLE 43—PUBLIC LANDS § 1772 2 So in original. tion facilities to cover 1 or more electric transmission and distribution rights-of-way; and (B) provides for the long-term, cost-effec- tive, efficient, and timely management of fa- cilities and vegetation within the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. (4) Secretary concerned The term ‘‘Secretary concerned’’ means— (A) the Secretary, with respect to public lands; and (B) the Secretary of Agriculture, with re- spect to National Forest System land. (b) Guidance (1) In general To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Fed- eral land, including hazard trees, the Sec- retary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility in- spection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (in- cluding by grant, special use authorization, and easement). (2) Limitation The guidance issued under paragraph (1) shall be compatible with mandatory reli- ability standards established by the Electric Reliability Organization. (3) Considerations The guidance issued under paragraph (1) shall take into account— (A) all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 824o of title 16); and (B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Pro- tection Agency signed in 2016. (4) Requirements The guidance issued under paragraph (1) shall— (A) be developed in consultation with the owners of transmission and distribution fa- cilities that hold rights-of-way; (B) seek to minimize the need for case-by- case approvals for— (i) routine vegetation management, fa- cility inspection, and operation and main- tenance activities; and (ii) utility vegetation management ac- tivities that are necessary to control haz- ard trees; and (C) provide for prompt and timely review of requests to conduct vegetation manage- ment activities that require approval of the Secretary concerned, especially activities requiring expedited or immediate action. (c) Vegetation management, facility inspection, and operation and maintenance plans (1) Development and submission Consistent with subsection (b), the Sec- retary concerned shall provide owners and op- erators of electric transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the option to develop and submit a plan. (2) ERO standards Owners and operators subject to mandatory reliability standards established by the Elec- tric Reliability Organization (or superseding standards) may use those standards as part of the plan. (3) Plan requirements A plan developed under paragraph (1) shall— (A) identify the applicable transmission or distribution facilities to be maintained; (B) take into account operations and maintenance plans for the applicable trans- mission or distribution line; (C) describe the vegetation management, inspection, and operation and maintenance methods that may be used to comply with all applicable law, including fire safety re- quirements and reliability standards estab- lished by the Electric Reliability Organiza- tion; (D) include schedules for— (i) the applicable owner or operator to notify the Secretary concerned about rou- tine and major maintenance; (ii) the applicable owner or operator to request approval from the Secretary con- cerned about undertaking routine and major maintenance; and (iii) the Secretary concerned to respond to a request by an owner or operator under clause (ii); and (E) describe processes for— (i) identifying changes in conditions; and (ii) modifying the approved plan, if nec- essary. (4) Review and approval process (A) In general The Secretary concerned shall jointly de- velop a consolidated and coordinated process for the review and approval of plans sub- mitted under paragraph (1) that— (i) includes timelines and benchmarks for— (I) the submission of agency comments on the plans and schedules for final deci- sion; and (II) the timely review of modifications of the plans in cases in which modifica- tions are necessary; (ii) is consistent with applicable law; and 2 Page 582 TITLE 43—PUBLIC LANDS § 1772 (iii) includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan; and (iv) ensures, to the maximum extent practicable, a prompt review and approval process not to exceed 120 days. (B) Plan modification Upon reasonable advance notice to an owner or operator of an electric trans- mission or distribution facility of any changed conditions that warrant a modifica- tion to a plan, the Secretary concerned shall— (i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent with the process described under subparagraph (A)(iii), to address the changed condition identified by the Secretary concerned; (ii) consider the proposed plan modifica- tion consistent with the process described under paragraph (4)(A); and (iii) allow the owner or operator to con- tinue to implement any element of the ap- proved plan that does not directly and ad- versely affect the condition precipitating the need for modification. (5) Categories of actions not requiring environ- mental analysis With respect to the development and ap- proval of plans submitted under paragraph (1), as well as with respect to actions carried out under such plans, the Secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be re- quired under section 1508.4 of title 40, Code of Federal Regulations (or a successor regula- tion). (d) Certain owners and operators (1) In general The owner or operator of an electric trans- mission or distribution facility that is not subject to the mandatory reliability standards established by the Electric Reliability Organi- zation or that sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately preceding March 23, 2018, may enter into an agreement with the Secretary concerned in lieu of a plan under subsection (c). (2) Minimum requirements The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1)— (A) reflect the relative financial resources of the applicable owner or operator com- pared to other owners or operators of an electric transmission or distribution facil- ity; (B) include schedules as described in sub- section (c)(3)(D); (C) are subject to modification require- ments as described in subsection (c)(4)(B); and (D) comply with applicable law. (e) Emergency conditions 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 right-of-way, the owner or operator of the electric transmission or distribution lines— (1) may prune or remove the vegetation or hazard tree— (A) to avoid the disruption of electric serv- ice; and (B) to eliminate immediate fire and safety hazards; and (2) shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the response to emergency conditions. (f) Activities that require approval (1) In general Except as provided under paragraph (3), the owner or operator of an electric transmission or distribution facility may conduct vegeta- tion management activities that require ap- proval of the Secretary concerned in accord- ance with a plan approved under subsection (c) or an agreement entered into under subsection (d) only with the approval of the Secretary concerned. (2) Requirement to respond The Secretary concerned shall respond to a request for approval to conduct vegetation management activities in accordance with the applicable schedules in a plan approved under subsection (c) or an agreement entered into under subsection (d). (3) Authorized activities The owner or operator of an electric trans- mission or distribution facility may conduct vegetation management activities that re- quire approval of the Secretary concerned in accordance with a plan approved under sub- section (c) or an agreement entered into under subsection (d) without the approval of the Sec- retary concerned if— (A) the owner or operator submitted a re- quest to the Secretary concerned in accord- ance with the applicable schedule in a plan approved under subsection (c) or an agree- ment entered into under subsection (d); (B) the vegetation management activities, including the removal of hazard trees, pro- posed in the request under subparagraph (A) are in accordance with a plan approved under subsection (c) or an agreement en- tered into under subsection (d); and (C) the Secretary concerned fails to re- spond to the request under subparagraph (A) in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). (g) Liability (1) In general The Secretary concerned shall not impose strict liability for damages or injury resulting from— (A) the Secretary concerned unreasonably withholding or delaying— Page 583 TITLE 43—PUBLIC LANDS § 1772 (i) approval of a plan under subsection (c); or (ii) entrance into an agreement under subsection (d); or (B) the Secretary concerned unreasonably failing to adhere to an applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). (2) Damages For the period ending 10 years after March 23, 2018, the Secretary concerned shall not im- pose strict liability in an amount greater than $500,000 per incident for damages or injury re- sulting from activities conducted by an owner or operator in accordance with an approved agreement under subsection (d). (3) Rule of construction Nothing in paragraph (2) shall be construed to effect 2 any liability imposed by the Sec- retary concerned under section 251.56(d) of title 36, Code of Federal Regulations (as in ef- fect on March 23, 2018) and section 2807.12 of title 43, Code of Federal Regulations (as in ef- fect on March 23, 2018), for activities con- ducted by an owner or operator in accordance with an approved plan under subsection (c). (h) Reporting requirement (1) Activities that require approval The Secretary concerned shall report re- quests and actions made under subsection (f) annually on the website of the Secretary con- cerned. (2) Liability Not later than four years after March 23, 2018, the Secretary concerned shall prepare and submit a report to the Committee on Nat- ural Resources of the House of Representa- tives and the Committee on Energy and Nat- ural Resources of the Senate that describes the effect on the Treasury of the strict liabil- ity limitation established by subsection (g)(2). (i) Training and guidance In consultation with the electric utility indus- try, the Secretary concerned is encouraged to develop a program to train personnel of the De- partment of the Interior and the Forest Service involved in vegetation management decisions relating to electric transmission and distribu- tion facilities to ensure that the personnel— (1) understand electric system reliability re- quirements as the requirements relate to vege- tation management of transmission and dis- tribution rights-of-way on Federal land, in- cluding reliability standards established by the Electric Reliability Organization and fire safety requirements; (2) assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements; (3) encourage and assist willing owners and operators of electric transmission and dis- tribution facilities to incorporate on a vol- untary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are com- patible with the integrated vegetation man- agement practices necessary for reliability and safety; and (4) understand how existing and emerging unmanned technologies can help electric utili- ties, the Federal Government, State and local governments, and private landowners— (A) to more efficiently identify vegetation management needs; (B) to reduce the risk of wildfires; and (C) to lower ratepayer energy costs. (j) Implementation The Secretary concerned shall— (1) not later than 1 year after March 23, 2018, propose regulations, or amend existing regula- tions, to implement this section; and (2) not later than 2 years after March 23, 2018, finalize regulations, or amend existing regulations, to implement this section. (k) Existing vegetation management, facility in- spection, and operation and maintenance plans Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this sec- tion has already been approved by the Secretary concerned before March 23, 2018. (Pub. L. 94–579, title V, § 512, as added Pub. L. 115–141, div. O, title II, § 211(a), Mar. 23, 2018, 132 Stat. 1068.) Statutory Notes and Related Subsidiaries UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT PILOT PROGRAM Pub. L. 115–334, title VIII, § 8630, Dec. 20, 2018, 132 Stat. 4865, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) NATIONAL FOREST SYSTEM LAND.— ‘‘(A) IN GENERAL.—The term ‘National Forest Sys- tem land’ means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). ‘‘(B) EXCLUSIONS.—The term ‘National Forest System land’ does not include— ‘‘(i) a National Grassland; or ‘‘(ii) a land utilization project on land des- ignated as a National Grassland and administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010, 1011, 1012). ‘‘(2) PASSING WILDFIRE.—The term ‘passing wildfire’ means a wildfire that originates outside of a right-of- way. ‘‘(3) PILOT PROGRAM.—The term ‘pilot program’ means the pilot program established by the Secretary [of Agriculture] under subsection (b). ‘‘(4) RIGHT-OF-WAY.—The term ‘right-of-way’ means a special use authorization issued by the Forest Serv- ice allowing the placement of utility infrastructure. ‘‘(5) UTILITY INFRASTRUCTURE.—The term ‘utility infrastructure’ means electric transmission lines, natural gas infrastructure, or related structures. ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily con- duct vegetation management projects on a proactive basis to better protect utility infrastructure from po- tential passing wildfires, the Secretary may establish a limited, voluntary pilot program, in the manner de- scribed in this section, to conduct vegetation man- agement projects on National Forest System land ad- jacent to those rights-of-way. Page 584 TITLE 43—PUBLIC LANDS § 1772 ‘‘(2) APPLICATION.—The pilot program shall not apply in a right-of-way described in paragraph (1). ‘‘(c) ELIGIBLE PARTICIPANTS.— ‘‘(1) IN GENERAL.—A participant in the pilot pro- gram shall be the owner or operator of a right-of-way on National Forest System land. ‘‘(2) SELECTION PRIORITY.—In selecting participants for the pilot program, the Secretary shall give pri- ority to an owner or operator of a right-of-way that has developed the utility infrastructure protection prescriptions of the owner or operator in coordina- tion with Forest Service fire scientists or fire man- agers. ‘‘(d) VEGETATION MANAGEMENT PROJECTS.— ‘‘(1) IN GENERAL.—A vegetation management project conducted under the pilot program shall in- volve only limited vegetation management activities that— ‘‘(A) shall create the least ground disturbance and least disturbance to wildlife reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including For- est Service fuel models; ‘‘(B) may include thinning and treatment of sur- face fuels, ladder fuels, and activity fuels to create or maintain shaded fuel breaks or other appropriate measures recommended by Forest Service fire sci- entists or fire managers; ‘‘(C)(i) shall only be conducted on National Forest System land; and ‘‘(ii) shall not— ‘‘(I) extend for more than 150 feet from the elec- tric transmission line for which the applicable participant has a right-of-way; or ‘‘(II) comprise an overall width, for both sides of that electric transmission line, that totals more than 200 feet; and ‘‘(D) shall not be conducted on— ‘‘(i) a component of the National Wilderness Preservation System; ‘‘(ii) a designated wilderness study area; ‘‘(iii) an inventoried roadless area; or ‘‘(iv) Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited. ‘‘(2) APPROVAL.—Each vegetation management project described in paragraph (1) shall be subject to approval by the Forest Service in accordance with this section. ‘‘(3) FIRE PREVENTION.—In carrying out a vegetation management project under the pilot program, a par- ticipant shall adhere to— ‘‘(A) Forest Service regulations relating to spark arresting devices; ‘‘(B) Forest Service regulations limiting and pro- hibiting certain activities conducted by contractors in an area, based on weather conditions and fire danger; ‘‘(C) Forest Service regulations that apply to con- tractors removing vegetation on National Forest System land pursuant to a timber sale or steward- ship contract, including regulations relating to— ‘‘(i) protection of residual trees and timber damaged by contractors; ‘‘(ii) protection measures needed for plants, ani- mals, cultural resources, and cave resources; ‘‘(iii) streamcourse protection and erosion con- trol; ‘‘(iv) fire plans, precautions, and precautionary periods; ‘‘(v) fire suppression costs; and ‘‘(vi) employment of eligible workers; and ‘‘(D) State regulations relating to the prevention of wildfires and contractors removing vegetation. ‘‘(4) TREATMENT OF SLASH.—In carrying out a vege- tation management project under the pilot program, a participant shall treat any activity fuels in a man- ner that— ‘‘(A) is satisfactory to the Forest Service; ‘‘(B) does not result in a fire hazard; and ‘‘(C) reduces the risk of an insect or disease out- break. ‘‘(e) PROJECT COSTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2) and subsection (f)(2), a participant in the pilot pro- gram shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program. ‘‘(2) FEDERAL FUNDING.—The Secretary may con- tribute funds for a vegetation management project conducted under the pilot program if the Secretary determines that the contribution is in the public in- terest. ‘‘(f) LIABILITY.— ‘‘(1) ACTIVITIES WITHIN RIGHTS-OF-WAY.—Participa- tion in the pilot program shall not affect any legal obligations or liability standards that arise under the right-of-way for activities in the right-of-way. ‘‘(2) WILDFIRES.— ‘‘(A) OPERATIONS FIRES.— ‘‘(i) IN GENERAL.—With respect to fire suppres- sion costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation or activity of a participant described in subparagraph (B) or (C)), the participant shall reimburse the Forest Service for those costs, sub- ject to a maximum dollar amount to which the Forest Service and the participant shall agree prior to the commencement of the project. ‘‘(ii) CREDIT FOR ACTIONS BY PARTICIPANTS.— ‘‘(I) IN GENERAL.—If a participant in the pilot program provides actions, supplies, or equip- ment for use to suppress a wildfire described in clause (i) or at the request of the Forest Serv- ice, the cost of those actions, supplies, or equip- ment shall be credited toward the maximum dollar amount described in that clause. ‘‘(II) REIMBURSEMENT.—If the actual cost of a participant described in subclause (I) exceeds the maximum dollar amount described in clause (i), the Forest Service shall reimburse the par- ticipant for the excess. ‘‘(B) NEGLIGENT FIRES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), if a wildfire is caused by the negligence of a partici- pant in the pilot program, or an agent of the par- ticipant, including a wildfire caused by smoking by persons engaged in the operations of the par- ticipant, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire. ‘‘(ii) LIMITATION.—Except as provided in clause (iii), the costs borne by a participant under clause (i) shall not exceed $500,000. ‘‘(iii) FAILURE TO COMPLY.—If the start or spread of a wildfire described in clause (i) is caused by the failure of the participant to comply with spe- cific safety requirements expressly imposed by the Forest Service as a condition of conducting a vegetation management project under the pilot program or by this section, the participant shall bear the cost of damages to Forest Service re- sources and the fire suppression costs resulting from the wildfire. ‘‘(C) EXCEPTIONS.—This paragraph shall not apply in the case of a wildfire caused by the felling of a tree by a participant in the pilot program, or an agent of the participant, onto an electric trans- mission line. ‘‘(3) EFFECT.—Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject— ‘‘(A) under State laws; or ‘‘(B) with regard to damages to property other than Forest Service property. ‘‘(g) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), the Secretary shall use the authority of the Sec- retary under other laws (including regulations) to carry out the pilot program. Page 585 TITLE 43—PUBLIC LANDS § 1781 1 So in original. Probably should be ‘‘plan’’. ‘‘(2) COMPLIANCE WITH EXISTING LAWS.—Except as provided in paragraph (3), a vegetation management project under the pilot program shall be— ‘‘(A) consistent with the applicable land manage- ment plan for the area in which the project is lo- cated; and ‘‘(B) carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(3) MODIFICATION OF REGULATIONS.—In order to im- plement the pilot program in an efficient and expedi- tious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regula- tion, including waivers or modifications to allow for the formation of contracts or agreements on a non- competitive basis. ‘‘(h) TREATMENT OF PROCEEDS.—Notwithstanding any other provision of law, the Secretary may— ‘‘(1) retain any funds provided to the Forest Service by a participant in the pilot program; and ‘‘(2) use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program. ‘‘(i) REPORT TO CONGRESS.—Not later than December 31, 2020, and 2 years thereafter, the Secretary shall sub- mit a report describing the status of the pilot program and vegetation management projects conducted under the pilot program to— ‘‘(1) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and ‘‘(2) the Committees on Agriculture and Natural Resources of the House of Representatives. ‘‘(j) DURATION.—The authority to carry out the pilot program, including any vegetation management project conducted under the pilot program, expires on October 1, 2023.’’ SUBCHAPTER VI—DESIGNATED MANAGEMENT AREAS § 1781. California Desert Conservation Area (a) Congressional findings The Congress finds that— (1) the California desert contains historical, scenic, archeological, environmental, biologi- cal, cultural, scientific, educational, rec- reational, and economic resources that are uniquely located adjacent to an area of large population; (2) the California desert environment is a total ecosystem that is extremely fragile, eas- ily scarred, and slowly healed; (3) the California desert environment and its resources, including certain rare and endan- gered species of wildlife, plants, and fishes, and numerous archeological and historic sites, are seriously threatened by air pollution, in- adequate Federal management authority, and pressures of increased use, particularly rec- reational use, which are certain to intensify because of the rapidly growing population of southern California; (4) the use of all California desert resources can and should be provided for in a multiple use and sustained yield management plant 1 to conserve these resources for future genera- tions, and to provide present and future use and enjoyment, particularly outdoor recre- ation uses, including the use, where appro- priate, of off-road recreational vehicles; (5) the Secretary has initiated a comprehen- sive planning process and established an in- terim management program for the public lands in the California desert; and (6) to insure further study of the relation- ship of man and the California desert environ- ment, preserve the unique and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the California desert, the public must be pro- vided more opportunity to participate in such planning and management, and additional management authority must be provided to the Secretary to facilitate effective implemen- tation of such planning and management. (b) Statement of purpose It is the purpose of this section to provide for the immediate and future protection and admin- istration of the public lands in the California desert within the framework of a program of multiple use and sustained yield, and the main- tenance of environmental quality. (c) Description of Area (1) For the purpose of this section, the term ‘‘California desert’’ means the area generally de- picted on a map entitled ‘‘California Desert Con- servation Area—Proposed’’ dated April 1974, and described as provided in subsection (c)(2). (2) As soon as practicable after October 21, 1976, the Secretary shall file a revised map and a legal description of the California Desert Con- servation Area with the Committees on Interior and Insular Affairs of the United States Senate and the House of Representatives, and such map and description shall have the same force and ef- fect as if included in this Act. Correction of cler- ical and typographical errors in such legal de- scription and a map may be made by the Sec- retary. To the extent practicable, the Secretary shall make such legal description and map avail- able to the public promptly upon request. (d) Preparation and implementation of com- prehensive long-range plan for management, use, etc. The Secretary, in accordance with section 1712 of this title, shall prepare and implement a com- prehensive, long-range plan for the manage- ment, use, development, and protection of the public lands within the California Desert Con- servation Area. Such plan shall take into ac- count the principles of multiple use and sus- tained yield in providing for resource use and development, including, but not limited to, maintenance of environmental quality, rights- of-way, and mineral development. Such plan shall be completed and implementation thereof initiated on or before September 30, 1980. (e) Interim program for management, use, etc. During the period beginning on October 21, 1976, and ending on the effective date of imple- mentation of the comprehensive, long-range plan, the Secretary shall execute an interim program to manage, use, and protect the public lands, and their resources now in danger of de- struction, in the California Desert Conservation Area, to provide for the public use of such lands in an orderly and reasonable manner such as through the development of campgrounds and visitor centers, and to provide for a uniformed desert ranger force.