---
kind: "section"
citation: "43 C.F.R. § 2805.21"
title: "43"
number: "2805.21"
heading: "What is an operating plan or agreement for electric transmission and distribution and other rights-of-way?"
url: "https://uscodex.org/cfr/43/2805.21"
---

# §2805.21. What is an operating plan or agreement for electric transmission and distribution and other rights-of-way?

- (a) **Operating plans or agreements.** An operating plan or agreement:
  - (1) Is required for all new, renewed, and amended powerline rights-of-way (see [section 2804.25(c)(2)](/cfr/43/2804.25.md?p=c-2)); and
  - (2) **May be submitted on a voluntary basis by—**
    - (i) Holders of powerline rights-of-way not subject to Section (a)(1); and
    - (ii) **Holders of rights-of-way other than powerline rights-of-way.**
- (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.
- (c) **Plan requirements—** An operating plan or agreement must:
  - (1) Identify the applicable transmission or distribution facilities to be maintained;
  - (2) Take into account the holder's own operations and maintenance plans for the applicable right-of-way;
  - (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) **Include schedules for—**
    - (i) The holder to notify the BLM about routine and major maintenance;
    - (ii) The holder to request approval from the BLM to undertake routine and major maintenance; and
    - (iii) The BLM to respond to a request by a holder under [paragraph (c)(4)(ii)](#c-4-ii) of this section;
  - (5) **Describe processes for—**
    - (i) Identifying changes in conditions; and
    - (ii) Modifying the approved operating plan or agreement, if necessary; and
  - (6) **Provide for the disposition of cut trees and branches, including plans for sale of forest products.**
- (d) **Plan approval.** The BLM will, to the extent practicable, review and decide whether to approve an operating plan or agreement within 120 days.
- (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) The BLM will provide advance reasonable notice that the holder must submit an operating plan or agreement modification.
  - (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) 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) 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.
- (f) **Agreements in lieu of an operating plan—** Certain holders meeting the requirements described in [paragraph (g)](#g) of this section may enter into an agreement with the BLM in lieu of an operating plan.
- (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) Are not subject to the mandatory reliability standards established by the ERO; or
  - (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.

## Notes

### Amendments

[89 FR 25963, Apr. 12, 2024]

### Authority

Authority: 43 U.S.C. 1733, 1740, 1763, 1764, and 3003.

### Source

Source: 70 FR 21058, Apr. 22, 2005, unless otherwise noted.

### Amendments

[89 FR 25963, Apr. 12, 2024]