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 convenience and necessity, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness for Land5 owners Facing Eminent Domain Act’’. 


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1 SEC. 2. MODIFICATIONS TO EXERCISE OF THE RIGHT OF 

2 EMINENT DOMAIN BY HOLDER OF A CERTIFI3 CATE OF PUBLIC CONVENIENCE AND NECES4 SITY. 

5 (a) REQUIREMENT.—Section 7(h) of the Natural Gas 

6 Act (15 U.S.C. 717f(h)) is amended— 

7 (1) by striking ‘‘When any holder’’ and insert8 ing the following: ‘‘ (1) Subject to paragraph (2), 

9 when any holder’’; and 

10 (2) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(2) A holder of a certificate of public convenience 

13 and necessity may not exercise the right of eminent do14 main under paragraph (1) unless the holder— 

15 ‘‘(A) obtains all Federal and State permits re16 quired by law for the construction and operation of 

17 pipeline facilities; and 

18 ‘‘(B) complies with all environmental conditions 

19 appended to the certificate order. 

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 amend24 ment to the certificate, until such time as the condi25 tions in paragraph (4) are satisfied; or 


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1 ‘‘(B) if a Federal or State permit held by the 

2 holder is vacated or remanded, until such time as— 

3 ‘‘(i) all vacated or remanded permits are 

4 reinstated or reissued to the holder; and 

5 ‘‘(ii) the holder complies with all environ6 mental conditions appended to the certificate 

7 order. 

8 ‘‘(4) A holder of a certificate of public convenience 

9 and necessity who requests a material amendment to the 

10 certificate and has the exercise of the right of eminent do11 main suspended under paragraph (3)(A) may not com12 mence a new action or proceeding to exercise the right 

13 of eminent domain under paragraph (1) until such time 

14 as— 

15 ‘‘(A) the Commission issues an amended certifi16 cate of public convenience and necessity; and 

17 ‘‘(B) the holder— 

18 ‘‘(i) obtains all additional Federal and 

19 State permits required by law pursuant to the 

20 amended certificate; and 

21 ‘‘(ii) complies with all environmental condi22 tions appended to the amended certificate 

23 order. 

24 ‘‘(5) A holder of a certificate of public convenience 

25 and necessity may not exercise the right of eminent doVerDate Sep 11 2014 20:23 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5454.IH H5454

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1 main under paragraph (1) if the applicable pipe line or 

2 pipe lines, necessary land or other property, or equipment 

3 necessary to the proper operation of such pipe line or pipe 

4 lines to be constructed, operated, and maintained is at5 tached to any facility with respect to which an order is 

6 required under section 3.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this Act shall apply— 

9 (1) to any action or proceeding for eminent do10 main under section 7(h)(1) of the Natural Gas Act, 

11 as amended by this Act, commencing on or after the 

12 date of enactment of this Act; and 

13 (2) to any request for a material amendment to 

14 a certificate of public convenience and necessity oc15 curring on or after the date of enactment of this 

16 Act. 

Æ 


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