IB 

Union Calendar No. 669 

114TH CONGRESS 

2D SESSION H. R. 3062 

[Report No. 114–856, Part I] 

To prohibit the use of eminent domain in carrying out certain projects. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2015 

Mr. WOMACK (for himself, Mr. HILL, Mr. CRAWFORD, and Mr. WESTERMAN) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

DECEMBER 8, 2016 

Reported and referred to the Committee on Energy and Commerce for a period ending not later than December 8, 2016, for consideration of such 

provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(f) of rule X 

DECEMBER 8, 2016 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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2 

•HR 3062 RH

A BILL 

To prohibit the use of eminent domain in carrying out 

certain projects. 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•HR 3062 RH

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 ‘‘Assuring Private Prop5 erty Rights Over Vast Access to Land Act’’ or the ‘‘AP6 PROVAL Act’’. 

7 SEC. 2. PROHIBITION ON EMINENT DOMAIN FOR CERTAIN 

8 PROJECTS. 

9 Section 1222 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16421) is amended— 

11 (1) by redesignating subsections (d) through (g) 

12 as subsections (f) through (i), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) PROHIBITION ON EMINENT DOMAIN.—Notwith16 standing any other provision of law (including regula17 tions), the Secretary, SWPA, and WAPA may not carry 

18 out any Project under this section through the use of emi19 nent domain, unless the use of eminent domain is explic20 itly authorized by— 

21 ‘‘(1) the Governor and the head of each applica22 ble public utility commission or public service com23 mission of the affected State; and 

24 ‘‘(2) the head of the governing body of each In25 dian tribe the land of which would be affected. 


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•HR 3062 RH

1 ‘‘(e) SITING REQUIREMENT.—To the maximum ex2 tent practicable, a Project carried out under this section 

3 shall be sited on— 

4 ‘‘(1) an existing Federal right-of-way; or 

5 ‘‘(2) Federal land managed by— 

6 ‘‘(A) the Bureau of Land Management; 

7 ‘‘(B) the Forest Service; 

8 ‘‘(C) the Bureau of Reclamation; or 

9 ‘‘(D) the Corps of Engineers.’’. 


rfrederick on DSKBCBPHB2PROD with BILLS

rfrederick on DSKBCBPHB2PROD with BILLS
Union Calendar No. 669 

114TH CONGRESS 

2D SESSION H. R. 3062 

[Report No. 114–856, Part I] 

A BILL 

To prohibit the use of eminent domain in carrying 

out certain projects. 

DECEMBER 8, 2016 

Reported and referred to the Committee on Energy and 

ant to clause 1(f) of rule X as fall within the jurisdiction of that committee pursu8, 2016, for consideration of such provisions of the bill Commerce for a period ending not later than December 

DECEMBER 8, 2016 

The Committee on Energy and Commerce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


rfrederick on DSKBCBPHB2PROD with BILLS