II 

118TH CONGRESS 

2D SESSION S. 5042 

To amend the Federal Power Act to prohibit the use of Federal funds 

for the exercise of eminent domain for the construction or modification 

of electric transmission facilities and to protect State control over the 

siting of electric transmission facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2024 

Mr. MORAN (for himself and Mr. MARSHALL) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Federal Power Act to prohibit the use of 

Federal funds for the exercise of eminent domain for 

the construction or modification of electric transmission 

facilities and to protect State control over the siting 

of electric transmission facilities, 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 ‘‘Protecting Our Land 

5 from Federal Overreach Act of 2024’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 5042 IS

1 SEC. 2. SITING OF INTERSTATE ELECTRIC TRANSMISSION 

2 FACILITIES UNDER THE FEDERAL POWER 

3 ACT. 

4 (a) ELIMINATION OF RIGHT OF EMINENT DOMAIN; 

5 PROHIBITION OF USE OF FEDERAL FUNDS.— 

6 (1) IN GENERAL.—Section 216 of the Federal 

7 Power Act (16 U.S.C. 824p) is amended by striking 

8 subsection (e) and inserting the following: 

9 ‘‘(e) NO RIGHT OF EMINENT DOMAIN.—Effective be10 ginning on the date of enactment of the Protecting Our 

11 Land from Federal Overreach Act of 2024, no Federal 

12 funds may be used for any effort to exercise the right of 

13 eminent domain for electric transmission facilities under 

14 any provision of law.’’. 

15 (2) CONFORMING AMENDMENT.—Section 216(f) 

16 of the Federal Power Act (16 U.S.C. 824p(f)) is 

17 amended— 

18 (A) in paragraph (1), by striking ‘‘(1) Any 

19 right-of-way acquired pursuant to subsection 

20 (e)’’ and inserting the following: 

21 ‘‘(1) IN GENERAL.—Any right-of-way acquired 

22 pursuant to subsection (e) (as in effect on the day 

23 before the date of enactment of the Protecting Our 

24 Land from Federal Overreach Act of 2024)’’; and 

25 (B) in paragraph (2), by striking ‘‘(2) 

26 Just’’ and inserting the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 5042 IS

1 ‘‘(2) AMOUNT.—For purposes of paragraph (1), 

2 just’’. 

3 (b) PROTECTION OF STATE CONTROL OVER

4 SITING.—Section 216 of the Federal Power Act (16 

5 U.S.C. 824p) is amended— 

6 (1) in subsection (b)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘subsection (i)’’ and inserting ‘‘sub9 sections (d)(2) and (i)’’; and 

10 (B) in paragraph (1)(C)— 

11 (i) in clause (i)(II), by adding ‘‘or’’ 

12 after the semicolon at the end; 

13 (ii) in clause (ii), by striking ‘‘or’’ at 

14 the end; and 

15 (iii) by striking clause (iii); and 

16 (2) in subsection (d)— 

17 (A) by striking the subsection designation 

18 and heading and all that follows through ‘‘In’’ 

19 and inserting the following: 

20 ‘‘(d) COMMENTS; PROTECTION OF STATE CONTROL

21 OVER SITING.— 

22 ‘‘(1) COMMENTS.—In’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(2) PROTECTION OF STATE CONTROL OVER

25 SITING.—The Commission may not issue a permit 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 5042 IS

1 under subsection (b) for the construction or modi2 fication of an electric transmission facility in a State 

3 if the State objects to the issuance of the permit 

4 pursuant to the opportunity afforded under para5 graph (1).’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB