Fairness for Landowners Facing Eminent Domain Act

I 116TH CONGRESS 1ST SESSION H. R. 5454 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 DECEMBER 17, 2019 Mr. MALINOWSKI (for himself, Mrs. WATSON COLEMAN, Mr. TONKO, Ms. KUSTER of New Hampshire, and Mr. HUFFMAN) introduced the following bill; which was referred 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 20:23 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5454.IH H5454 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5454 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; and 17 ‘‘(B) complies with all environmental conditions 18 appended to the certificate order. 19 ‘‘(3) A holder of a certificate of public convenience 20 and necessity shall be suspended from the exercise of the 21 right of eminent domain under paragraph (1)— 22 ‘‘(A) if the holder requests a material amend- 23 ment to the certificate, until such time as the condi- 24 tions in paragraph (4) are satisfied; or 25 VerDate Sep 11 2014 20:23 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5454.IH H5454 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5454 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 ‘‘(5) A holder of a certificate of public convenience 24 and necessity may not exercise the right of eminent do- 25 VerDate Sep 11 2014 20:23 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5454.IH H5454 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5454 IH main under paragraph (1) if the applicable pipe line or 1 pipe lines, necessary land or other property, or equipment 2 necessary to the proper operation of such pipe line or pipe 3 lines to be constructed, operated, and maintained is at- 4 tached to any facility with respect to which an order is 5 required under section 3.’’. 6 (b) EFFECTIVE DATE.—The amendments made by 7 this Act shall apply— 8 (1) to any action or proceeding for eminent do- 9 main under section 7(h)(1) of the Natural Gas Act, 10 as amended by this Act, commencing on or after the 11 date of enactment of this Act; and 12 (2) to any request for a material amendment to 13 a certificate of public convenience and necessity oc- 14 curring on or after the date of enactment of this 15 Act. 16 Æ VerDate Sep 11 2014 20:23 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5454.IH H5454 pamtmann on DSKBC07HB2PROD with BILLS