43 CFR §2805.21

1. (a)Operating plans or agreements. An operating plan or agreement:
   1. (1)Is required for all new, renewed, and amended powerline rights-of-way (see section 2804.25(c)(2)); and
   2. (2)May be submitted on a voluntary basis by:
      1. (i)Holders of powerline rights-of-way not subject to Section (a)(1); and
      2. (ii)Holders of rights-of-way other than powerline rights-of-way.
2. (b)Electric Reliability Organization (ERO) standards: Holders subject to mandatory reliability standards established by the ERO (or superseding standards) may use those standards as part of the operating plan or agreement.
3. (c)Plan requirements: An operating plan or agreement must:
   1. (1)Identify the applicable transmission or distribution facilities to be maintained;
   2. (2)Take into account the holder's own operations and maintenance plans for the applicable right-of-way;
   3. (3)Include vegetation management, inspection, operation and maintenance, and fire prevention plans, including methods to comply with applicable law, such as fire safety requirements and reliability standards established by the ERO;
   4. (4)Include schedules for:
      1. (i)The holder to notify the BLM about routine and major maintenance;
      2. (ii)The holder to request approval from the BLM to undertake routine and major maintenance; and
      3. (iii)The BLM to respond to a request by a holder under paragraph (c)(4)(ii) of this section;
   5. (5)Describe processes for:
      1. (i)Identifying changes in conditions; and
      2. (ii)Modifying the approved operating plan or agreement, if necessary; and
   6. (6)Provide for the disposition of cut trees and branches, including plans for sale of forest products.
4. (d)Plan approval. The BLM will, to the extent practicable, review and decide whether to approve an operating plan or agreement within 120 days.
5. (e)Operating plan or agreement modifications: The BLM may notify a holder that changed conditions warrant a modification to the operating plan or agreement.
   1. (1)The BLM will provide advance reasonable notice that the holder must submit an operating plan or agreement modification.
   2. (2)The holder must submit a proposed operating plan or agreement modification to the BLM to address the changed condition identified by the BLM.
   3. (3)The BLM will, to the extent practicable, review and approve modifications in the same 120-day timeframe that applies to the initial submission of an operating plan or agreement.
   4. (4)The holder may continue to implement any element of an approved operating plan or agreement that does not directly and adversely affect the condition precipitating the need for modification.
6. (f)Agreements in lieu of an operating plan: Certain holders meeting the requirements described in paragraph (g) of this section may enter into an agreement with the BLM in lieu of an operating plan.
7. (g)Eligibility to enter into an agreement: Holders of a right-of-way for an electric transmission or distribution facility are eligible to enter into an agreement with the BLM if they:
   1. (1)Are not subject to the mandatory reliability standards established by the ERO; or
   2. (2)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 prior to submitting a request to enter into an agreement to the BLM.