Fairness for Landowners Facing Eminent Domain Act

I 117TH CONGRESS 1ST SESSION H. R. 2889 To amend the Natural Gas Act with respect to actions for eminent domain by holders of certificates of public convenience and necessity, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 28, 2021 Mr. MALINOWSKI (for himself, Mrs. WATSON COLEMAN, Mr. TONKO, Ms. KUSTER, and Mr. HUFFMAN) introduced the following bill; which was re- ferred to the Committee on Energy and Commerce A BILL To amend the Natural Gas Act with respect to actions for eminent domain by holders of certificates of public con- venience and necessity, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness for Land- 4 owners Facing Eminent Domain Act’’. 5 VerDate Sep 11 2014 23:35 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2889.IH H2889 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2889 IH SEC. 2. MODIFICATIONS TO EXERCISE OF THE RIGHT OF 1 EMINENT DOMAIN BY HOLDER OF A CERTIFI- 2 CATE OF PUBLIC CONVENIENCE AND NECES- 3 SITY. 4 (a) REQUIREMENT.—Section 7(h) of the Natural Gas 5 Act (15 U.S.C. 717f(h)) is amended— 6 (1) by striking ‘‘When any holder’’ and insert- 7 ing the following: ‘‘ (1) Subject to paragraph (2), 8 when any holder’’; and 9 (2) by adding at the end the following new 10 paragraphs: 11 ‘‘(2) A holder of a certificate of public convenience 12 and necessity may not exercise the right of eminent do- 13 main under paragraph (1) unless the holder— 14 ‘‘(A) obtains all Federal and State permits re- 15 quired by law for the construction and operation of 16 pipeline facilities; 17 ‘‘(B) complies with all environmental conditions 18 appended to the certificate order; and 19 ‘‘(C) is in compliance with subsection (i)(2). 20 ‘‘(3) A holder of a certificate of public convenience 21 and necessity shall be suspended from the exercise of the 22 right of eminent domain under paragraph (1)— 23 ‘‘(A) if the holder requests a material amend- 24 ment to the certificate, until such time as the condi- 25 tions in paragraph (4) are satisfied; or 26 VerDate Sep 11 2014 23:35 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2889.IH H2889 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2889 IH ‘‘(B) if a Federal or State permit held by the 1 holder is vacated or remanded, until such time as— 2 ‘‘(i) all vacated or remanded permits are 3 reinstated or reissued to the holder; and 4 ‘‘(ii) the holder complies with all environ- 5 mental conditions appended to the certificate 6 order. 7 ‘‘(4) A holder of a certificate of public convenience 8 and necessity who requests a material amendment to the 9 certificate and has the exercise of the right of eminent do- 10 main suspended under paragraph (3)(A) may not com- 11 mence a new action or proceeding to exercise the right 12 of eminent domain under paragraph (1) until such time 13 as— 14 ‘‘(A) the Commission issues an amended certifi- 15 cate of public convenience and necessity; and 16 ‘‘(B) the holder— 17 ‘‘(i) obtains all additional Federal and 18 State permits required by law pursuant to the 19 amended certificate; and 20 ‘‘(ii) complies with all environmental condi- 21 tions appended to the amended certificate 22 order.’’. 23 VerDate Sep 11 2014 23:35 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2889.IH H2889 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2889 IH (b) ACCESS FOR SURVEYS.—Section 7 of the Natural 1 Gas Act (15 U.S.C. 717f) is further amended by adding 2 at the end the following: 3 ‘‘(i)(1) For purposes of subsection (h), the exercise 4 of the right of eminent domain does not include accessing 5 property for purposes of surveying prior to acquiring the 6 property, except in accordance with paragraph (2). 7 ‘‘(2) If a holder of a certificate of public convenience 8 and necessity is unable to agree with the owner of property 9 on access to the property for purposes of surveying, the 10 holder shall enter into the dispute resolution process of 11 the Commission. If dispute resolution fails, or if the prop- 12 erty owner refuses to participate in such process, the Com- 13 mission may, upon a showing by the holder of documented 14 repeated, good faith efforts to work with the property 15 owner to agree on such access, issue an order declaring 16 that, upon a court order, for purposes of the relevant cer- 17 tificate and with respect to the relevant property, the exer- 18 cise of the right of eminent domain under subsection (h) 19 includes accessing the property, in a limited, non-land-dis- 20 turbing manner, for purposes of surveying prior to acquir- 21 ing the property.’’. 22 (c) EFFECTIVE DATE.—The amendments made by 23 this Act shall apply— 24 VerDate Sep 11 2014 23:35 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2889.IH H2889 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2889 IH (1) to any action or proceeding for eminent do- 1 main under section 7(h)(1) of the Natural Gas Act, 2 as amended by this Act, commencing on or after the 3 date of enactment of this Act; and 4 (2) to any request for a material amendment to 5 a certificate of public convenience and necessity oc- 6 curring on or after the date of enactment of this 7 Act. 8 Æ VerDate Sep 11 2014 23:35 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2889.IH H2889 kjohnson on DSK79L0C42PROD with BILLS