Memorandum of Understanding

Edison Electric Institute
and the
United States Fish and Wildlife Service

I. Parties
The parties to this Memorandum of Understanding (MOU) are the Edison Electric Institute member utilities (EEI) and the U. S. Fish and Wildlife Service (Service).

II. Purpose
This MOU establishes a partnership between EEI and the Service to promote mutually beneficial Integrated Vegetation Management (IVM) on EEI member utility Rights-of-Way (ROW) on Service lands. In addition to provide an opportunity for the Service to use, at benchmarked costs, EEI's contractors to carry out vegetation management practices on other Service-owned lands. These actions can improve the management of Service-owned lands and overlaying ROW's by maintaining forest health, improving wildlife habitat, and reducing the occurrence of non-native invasive plant species.

III. Background Information
Electric utilities are charged by state and federal regulatory agencies with the responsibility to provide safe, reliable electric service to their customers. Customers may include homeowners, businesses, factories, municipalities, government and other utilities. Electricity is essential for domestic use, economic growth, providing for national security and other vital services. To meet these demands the pathways or rights-of-way (ROW) for the flow of electricity must be kept open and secure at all times.

Trees and other vegetation can cause interruptions of service by growing into or falling through power lines. A loss of service is not only costly and inconvenient to customers it can sever vital national security links and be life threatening to people on life support systems and in other vulnerable situations. For many utilities, tree caused power outages rank among the leading causes of interruptions of electric service during both normal-operating conditions and during major storm events.

In addition to minimizing tree-caused power outages, properly maintained ROW are essential to provide for the safety of both the public and utility workers. Unimpeded access through ROW for inspection and maintenance of facilities and for the timely restoration of service during emergency conditions is vital.

The goal of ROW vegetation management programs is to provide for the safe transmission and distribution of electricity and to minimize interruptions caused by trees and other vegetation. This must be accomplished, to the greatest extent possible, while maintaining a harmonious relationship with adjoining land uses and the environment.

INTEGRATED VEGETATION MANAGEMENT
Most electric utilities apply a combination of control methods to provide for ROW vegetation management using a process termed "Integrated Vegetation Management" (IVM). IVM describes a methodical process for controlling vegetation:

Problematic trees are identified,
Action thresholds are considered.
Various control options are evaluated.
Selected control(s) are implemented.

Control options may include biological, chemical, cultural, manual, or mechanical techniques. The choice of control option(s) is based on effectiveness, environmental impact, site characteristics, worker and public health and safety concerns, and economics. IVM also frequently includes prescribed burning. However, fire is difficult to control along a linear corridor and since smoke can create a path to ground, potentially shorting out high voltage lines and creating electric hazard for people on the ground, prescribed burns should not be applied to electric utility rights-of-way. If federal managers must use fire in or near transmission rights-of-way, as in establishing a firebreak during wildfire emergencies, they should first contact the operating utility to coordinate safe operations.

The desired outcome of IVM is the development of lush and stable shrub/grass/forb communities that do not interfere with overhead power lines, pose a fire hazard, and/or hamper access. With proper selective management, the low growing vegetation can eventually dominate the ROW and inhibit the tall growing vegetation, thus providing cultural and biological control of the incompatible species and reducing the need for future treatments. Other benefits include reduced erosion, enhanced plant diversity, and the establishment of a sustainable supply of forage and cover for wildlife as well as corridors for wildlife movement and wildlife viewing opportunities. The establishment of native vegetation will also reduce the invasion of noxious weeds into the corridor.

A well-managed utility corridor is truly ecosystem management that can convert a fragmented landscape to a habitat-enriched ecosystem, or create habitat connectivity between ecosystems, by utilizing IVM technologies. IVM can create old field or meadow ecosystems of low growing plant communities that have become rare and thus provide for the natural habitat necessary for the survival of rare and endangered plants and animals.

IVM METHODS
Integrated Vegetation Management techniques will be used for prevention and suppression of undesirable plant species. These include but are not limited to:

Manual and mechanical cutting, where wood debris can be left on site to enrich the soil.

Cultural methods, where desirable vegetation is given the ability to thrive and compete with unwanted tree species for sunlight, nutrients and water.

Biological methods, where desirable low growing plants and animals suppress the growth of unwanted trees through their respective use of competition, allelopathy and seed consumption by small animals.

Chemical herbicide for the treatment of incompatible tall growing trees and vines to stop their growth and remove them from the ROW.

Studies have demonstrated that such a plan involves maintaining ROW corridors as distinct zones. (Figure 1). Properly managed, linear corridors can become an asset for forest ecology and forest management. The benefits to wildlife associated with the "edge-effect" are well documented by the 50 years of research at the Bramble and Byrnes study areas. Such corridors also have the potential to serve as fire breaks and/or staging areas and access points to assist in fire fighting efforts.

FIGURE 1

The wire zone is the area immediately beneath the conductors - most vegetation here will be limited to low-growing shrubs, herbs, and grasses; all trees and tall shrubs are removed.

Two border zones are located on each either side of the wire zone, where a tall shrub/low shrub/herb/grass cover will develop; only tall-growing tree species are removed.

The specific management technique selected for a particular site is based upon various conditions, which include terrain, accessibility, environmental considerations (wetlands, streams, etc.) cultural factors and availability of labor. Vegetation height, density and species are other prime factors. The electric voltage carried by the particular power lines involved typically determines the conductor clearing requirements within power line ROW (see Table 1 adapted from the National Electric Safety Code). Other important considerations include the remoteness of the section of line, physical land features, aesthetic and environmental considerations, adjacent land use, the risk of fire danger, predominant tree species, etc.

CLEARANCE DISTANCE REQUIREMENTS
The clearance distances are the minimum necessary to provide safe and reliable electric service. Additional clearance should be taken at the time of maintenance to account for expected growth between maintenance cycles.

TABLE 1
Minimum Safe Clearance Zone at the Time of Maintenance*

T EEI Vegetation Management Subcommittee recommends these clearances for trees as Adapted from the National Electric Safety Code, Section 23 clearances.

* Allow additional clearance distances for fast-growing species

** Under clearances, tall growing trees that can encroach with the NESC standards and coniferous trees shall be removed.

Environmentally responsible land management is in everyone’s best interests. Performing ground-to-sky /wall-to-wall clearing of the entire ROW is commonly neither a necessity nor a desirable practice. Achieving the minimum conductor clearances (Table 1 & Figure 2) can be accomplished with minimal impact to the environment.

Figure 2

In an effort to meet the needs of Federal land managers the utility may be directed to modify the wire zone / border zone method to include additional clearing in order to minimize ladder fuels, particularly on the northeast or up-hill side of the ROW.

SITE SPECIFIC VEGETATION MANAGEMENT
There are certain circumstances where it may be necessary to curtail the extent of vegetation clearing performed at a particular location. Areas such as ravines, stream buffers, and visually sensitive areas may require less intensive clearing. The clearing requirements for these areas will vary, depending on the nature of the vegetation present and topography. Generally, control of tall-growing species will be limited as follows:

Ravines - Clearing or treatment of vegetation is generally unnecessary in areas such as deep valleys and canyons where the conductor-to-ground clearance exceeds 100 feet; trees will normally not grow tall enough to infringe into the conductor zone. The topography as well as the type of vegetation involved dictates the extent of clearing necessary. Trees that exceed 100 feet from ground to conductor will be selectively removed on a case-by-case basis.

Stream Crossings/Buffers – An abundance of low-growing vegetation should be encouraged to flourish along stream crossings in order to prevent erosion and preserve water quality. Tall-growing vegetation should be eliminated using appropriate IVM techniques as it monopolizes the availability of sunlight, soil moisture and nutrients thereby hampering the development of low-growing vegetation.

Road Screens –Shrubbery and low-growing vegetation should be encouraged to develop as screens along major roads that are determined to be important visually sensitive crossings. Tall-growing trees should be selectively removed with minimal disturbance to understory low-growing vegetation. Shrub screens should not be developed where wildlife-viewing opportunities are a priority.

TREE PRUNING
All trees shall be pruned following American National Standard Institute's, ANSI-A300 standards for tree care operations.

TREE REMOVAL
A. Extensive pruning will result in an unnatural ‘wall’ effect along either side of power line corridors. Therefore trees rooted outside the established ROW that require more than 25% of the crown to be removed should be cut down so that healthy and aesthetically pleasing tree edges are developed. To that end, selective tree removal techniques shall be practiced to create a staggered tree line along the outside edges of ROW corridors.

B. Tree removal within corridors should adhere to the wire zone / border zone technique and is limited primarily to tall-growing species that have the potential to interfere with power lines.

C. Upon discovery, danger trees should be removed during normal maintenance or as noted during ROW inspections.

D. Dead trees that can be reached by an aerial lift or that can be climbed safely should be pruned of only those branches that are a direct threat to the conductors or other equipment. The remainder of the tree should be left standing, as there is no possibility of the tree growing into the conductors again. These trees can serve as den trees and provide valuable wildlife habitat.

DANGER TREES
Danger trees are trees located within or adjacent to the ROW that present a hazard because they have the potential to either make direct contact with the conductor or pass by the conductor close enough to cause a flash-over of electricity. Danger trees can be placed into three categories:

Fall-into trees are unstable trees that are dead, dying, diseased, weak, brittle, structurally damaged, leaning, subject to wind-throw, and those with damaged or eroded root systems.

Bend-into trees are trees located off of or adjacent to the ROW that have tops or branches that when broken or bent by wind or under load of wind, snow, ice, another fallen limb, etc. could violate the minimum safe distance to the conductor.

Grow-into trees are trees located off of or adjacent to the ROW with branches that have grown or will grow horizontally and/or vertically toward the conductors.

SLASH, LOGS and STUMPS
Logs and slash that result from ROW clearing operations should be handled by the following means in consideration of adjoining land uses, terrain, aesthetics, fire concerns, etc. of the area involved.

A. Slash and logs may either be placed into piles or lopped and scattered throughout the immediate area in a manner such that debris lies within 24” of the ground.

B. Stumps shall not exceed 6” in height and shall be cut flat and as close to the ground and parallel to the slope.

C. No slash shall be placed within 25 feet of the high mark of streams or other bodies of water.

D. When appropriate, trees and debris may be windrowed along ROW edge.

HERBICIDE APPLICATIONS
EEI electric utilities have adopted a strategy to assist in the planning and implementation of herbicide application programs. EEI member companies have joined with the Environmental Protection Agency in the Pesticide Environmental Stewardship Program (PESP), a voluntary program to reduce risk to both humans and the environment. The Strategy developed best management practices (BMP's) that guide the use of herbicide application techniques to reduce the amount of herbicides applied to a managed area over time. The BMP's will ensure that practical measures are being taken to reduce both pesticide use and risk in order to meet the objectives of the PESP program.

IV. EEI's Responsibilities
EEI agrees to:

A ) Coordinate with each respective Refuge Manager prior to implementing ROW habitat management. ROW habitat management will consider impacts to threatened and endangered species, rare or sensitive plant communities, breeding/nesting of birds and other wildlife, cultural and historic resources, and other areas of refuge management concern.

B ) Submit a Pesticide Use Proposal to each respective Refuge Manager covering each proposed herbicide use and include the relevant Environmental Protection Agency pesticide use label.

C ) Apply herbicides in accordance with label instructions and Service/U. S. Department of the Interior-approved Pesticide Use Proposals.

D ) Provide an annual report to each refuge of all pesticides applied on the refuge by January 31 of the following year.

E ) Make available to the Service wood chips from tree pruning operations for use in constructing trails or other purposes.

F ) Use IVM techniques in its ROW's within Service-owned lands. EEI shall:

- Place the debris from tree pruning and tree removal into windrows along the ROW edge, or as directed, to provide additional wildlife habitat. If this is not possible, the debris shall be chipped and chips made available to the Service;

- Preserve beneficial plant species that meet the objectives of the ROW as much as possible;

- Minimize the amount of herbicides used over time by employing appropriate IVM techniques of the least hazardous product, and rotate the approved herbicides applied in order to minimize the chance of herbicide-resistant strains;

- Utilize approved biological controls appropriate to the IVM goals when practical; - Attempt to eradicate non-native, invasive plant species that interfere with the ROW vegetation management objectives; and

- Maintain written documentation of all ROW maintenance activities on ROW's withinService-owned lands, and provide this documentation to the Service upon request.

G ) Help the Service promote IVM techniques to other companies and entities that manage ROW's on Service-owned lands. This assistance could include instructors and demonstrations of these techniques

.H ) Help the Service manage vegetation/habitat on Service-owned lands by helping to train Service employees to use IVM techniques, or by providing trained personnel and equipmentat benchmarked costs.

I ) Share its transmission system maps with the Service to assist with fire management operations.

V. Service ResponsibilitiesThe Service agrees to:

A) Recognize EEI's need to manage vegetation in ROW corridors for the safe and reliable transmission of energy

.B) Coordinate with EEI regarding ROW habitat management on Service-owned lands and consider impacts to threatened and endangered species, rare or sensitive plant communities, breeding/nesting of birds and other wildlife, cultural and historic resources, orother areas of refuge management concern.

C) Provide EEI with wood chip disposal sites as needed for vegetation removed from ROW's on Service-owned lands

D) Provide EEI with a list of Service-owned lands containing EEI ROW's, with updatescorresponding to property acquisitions.

E) Invite EEI forestry personnel to participate in training of other companies, industries, and entities in IVM techniques along ROW's.

VI. Other Provisions
Nothing in this MOU is intended to conflict with current law or regulation or the directives of the Service. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in fullforce and effect.

VII. Required ClausesA) During the performance of this MOU, the participants agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to race, color, religion, sex or national origin.

B) No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this MOU, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this MOU if made with a corporation for its general benefit.

C) Notwithstanding any provisions herein, nothing shall commit the Service to incurring monetary obligations for the purposes of this MOU, except to the extent that funds are provided in Congressional Appropriations Acts.

VIII. Terms
This agreement shall be effective for 5 (five) years from the date of the last signature hereto and may be terminated by mutual agreement at anytime or by either party providing thirty (30) days written notice.

If a modification is desired, the party desiring the change shall give thirty (30) days written notice to the other party. The action may be expedited by written mutual consent of both parties.

Any provision of this MOU that is inconsistent with any federal or state laws, regulation, policy, or procedure will be void. Any provision inconsistent with other agreements or directives shall be resolved by consultation and mutual consent.

IX. Signatures

___________________________________ ________________

Date

Edison Electric Institute

___________________________________ ________________

Date

U. S. Fish and Wildlife Service

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