```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5042 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Land from Federal 
Overreach Act of 2024''.

SEC. 2. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES UNDER THE 
              FEDERAL POWER ACT.

    (a) Elimination of Right of Eminent Domain; Prohibition of Use of 
Federal Funds.--
            (1) In general.--Section 216 of the Federal Power Act (16 
        U.S.C. 824p) is amended by striking subsection (e) and 
        inserting the following:
    ``(e) No Right of Eminent Domain.--Effective beginning on the date 
of enactment of the Protecting Our Land from Federal Overreach Act of 
2024, no Federal funds may be used for any effort to exercise the right 
of eminent domain for electric transmission facilities under any 
provision of law.''.
            (2) Conforming amendment.--Section 216(f) of the Federal 
        Power Act (16 U.S.C. 824p(f)) is amended--
                    (A) in paragraph (1), by striking ``(1) Any right-
                of-way acquired pursuant to subsection (e)'' and 
                inserting the following:
            ``(1) In general.--Any right-of-way acquired pursuant to 
        subsection (e) (as in effect on the day before the date of 
        enactment of the Protecting Our Land from Federal Overreach Act 
        of 2024)''; and
                    (B) in paragraph (2), by striking ``(2) Just'' and 
                inserting the following:
            ``(2) Amount.--For purposes of paragraph (1), just''.
    (b) Protection of State Control Over Siting.--Section 216 of the 
Federal Power Act (16 U.S.C. 824p) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (i)'' and inserting ``subsections 
                (d)(2) and (i)''; and
                    (B) in paragraph (1)(C)--
                            (i) in clause (i)(II), by adding ``or'' 
                        after the semicolon at the end;
                            (ii) in clause (ii), by striking ``or'' at 
                        the end; and
                            (iii) by striking clause (iii); and
            (2) in subsection (d)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``In'' and 
                inserting the following:
    ``(d) Comments; Protection of State Control Over Siting.--
            ``(1) Comments.--In''; and
                    (B) by adding at the end the following:
            ``(2) Protection of state control over siting.--The 
        Commission may not issue a permit under subsection (b) for the 
        construction or modification of an electric transmission 
        facility in a State if the State objects to the issuance of the 
        permit pursuant to the opportunity afforded under paragraph 
        (1).''.
                                 <all>
```