I 

116TH CONGRESS 

1ST SESSION H. R. 173 

To amend the Natural Gas Act to bolster fairness and transparency in 

consideration of interstate natural gas pipelines, to provide for greater 

public input opportunities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Natural Gas Act to bolster fairness and transparency in consideration of interstate natural gas pipelines, to provide for greater public input opportunities, 

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 ‘‘Pipeline Fairness and 

5 Transparency Act’’. 

6 SEC. 2. EMINENT DOMAIN. 

7 (a) STATEMENT OF POLICY.—It is the policy of the 

8 United States to protect the rights of citizens of the 


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1 United States to their private property, including by lim2 iting the taking of private property by the Federal Govern3 ment to situations in which the taking is for public use, 

4 with just compensation, and to benefit the general public, 

5 and not merely to advance the economic interests of pri6 vate parties that would be given ownership or use of the 

7 property taken. 

8 (b) JUST COMPENSATION.—Section 7(h) of the Nat9 ural Gas Act (15 U.S.C. 717f(h)) is amended— 

10 (1) by striking ‘‘(h) When any holder’’ and in11 serting the following: 

12 ‘‘(h) EMINENT DOMAIN.— 

13 ‘‘(1) IN GENERAL.—When any holder’’; 

14 (2) in the second sentence— 

15 (A) by striking ‘‘The practice’’ and insert16 ing the following: 

17 ‘‘(2) PRACTICE AND PROCEDURE.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), the practice’’; 

20 (B) by striking ‘‘is situated:’’ and inserting 

21 ‘‘is situated.’’; and 

22 (C) by striking ‘‘Provided, That the’’ and 

23 inserting the following: 

24 ‘‘(B) LIMITATION.—The’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(3) JUST COMPENSATION.—In determining the 

2 just compensation for property acquired by the exer3 cise of the right of eminent domain under paragraph 

4 (1), in the case of land subject to a conservation 

5 easement, the court with jurisdiction over the pro6 ceeding shall consider the lost conservation value of 

7 that land.’’. 

8 SEC. 3. PROCESS COORDINATION FOR ENVIRONMENTAL 

9 REVIEW. 

10 Section 15 of the Natural Gas Act (15 U.S.C. 717n) 

11 is amended by adding at the end the following: 

12 ‘‘(g) ENVIRONMENTAL REVIEW FOR INTERSTATE

13 NATURAL GAS PIPELINES.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) FEDERAL AUTHORIZATION.— 

16 ‘‘(i) IN GENERAL.—The term ‘Federal 

17 authorization’ means any authorization re18 quired under Federal law with respect to 

19 an application for a certificate of public 

20 convenience and necessity under section 7. 

21 ‘‘(ii) INCLUSIONS.—The term ‘Federal 

22 authorization’ includes any permits, special 

23 use authorizations, certifications, opinions, 

24 or other approvals as may be required 

25 under Federal law with respect to an appliVerDate Sep 11 2014 03:12 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H173.IH H173

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1 cation for a certificate of public conven2 ience and necessity under section 7. 

3 ‘‘(B) PROJECT.—The term ‘project’ means 

4 a project for the construction or extension of fa5 cilities for the transportation in interstate com6 merce of natural gas that requires Federal au7 thorization. 

8 ‘‘(2) SUPPLEMENTAL ENVIRONMENTAL IMPACT

9 STATEMENTS.— 

10 ‘‘(A) IN GENERAL.—With respect to an ap11 plication for Federal authorization, the Com12 mission shall prepare a supplement to a draft 

13 environmental impact statement or a final envi14 ronmental impact statement if— 

15 ‘‘(i) the Commission makes a substan16 tial change in the proposed action that is 

17 relevant to environmental concerns; or 

18 ‘‘(ii) there are significant new cir19 cumstances or information relevant to envi20 ronmental concerns and bearing on the 

21 proposed action or its impacts. 

22 ‘‘(B) MITIGATION PLANS.—If a draft envi23 ronmental impact statement prepared with re24 spect to an application for Federal authoriza25 tion does not include information about mitigaVerDate Sep 11 2014 03:12 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H173.IH H173

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1 tion plans for adverse impacts that cannot rea2 sonably be avoided, a supplemental environ3 mental impact statement shall be prepared that 

4 includes such information. 

5 ‘‘(3) PUBLIC MEETING REQUIREMENTS.—In 

6 complying with the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4321 et seq.) with respect 

8 to an application for Federal authorization, the 

9 Commission shall ensure that any public meeting 

10 shall be held— 

11 ‘‘(A) in each county or equivalent subdivi12 sion in which the project will be located; and 

13 ‘‘(B) during each period of public comment 

14 following, if applicable, publication of— 

15 ‘‘(i) a draft environmental impact 

16 statement; 

17 ‘‘(ii) a final environmental impact 

18 statement; and 

19 ‘‘(iii) any supplemental environmental 

20 impact statement.’’. 

21 SEC. 4. IMPACTS ON CRITICAL NATURAL RESOURCES. 

22 Subsection (g) of section 15 of the Natural Gas Act 

23 (15 U.S.C. 717n) (as added by section 3) is amended by 

24 adding at the end the following: 

25 ‘‘(4) NATIONAL SCENIC TRAILS.— 


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1 ‘‘(A) IN GENERAL.—In preparing an envi2 ronmental impact statement with respect to an 

3 application for Federal authorization for a 

4 project, any evaluation of the visual impacts of 

5 the project on a national scenic trail designated 

6 by the National Trails System Act (16 U.S.C. 

7 1241 et seq.) in the environmental impact 

8 statement shall— 

9 ‘‘(i) consider the cumulative visual im10 pacts of any similar proposed project— 

11 ‘‘(I) for which an application for 

12 Federal authorization is in the pre-fil13 ing or filing stage; and 

14 ‘‘(II) that impacts the same na15 tional scenic trail within 100 miles of 

16 the first project; and 

17 ‘‘(ii) include visual impact simulations 

18 depicting leaf-on and leaf-off views at each 

19 location where major visual impacts occur, 

20 as identified, authenticated, and justified 

21 during the period of public comment pre22 ceding the publication of a draft environ23 mental impact statement by the head of 

24 the Federal agency or independent agency 


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1 administering the land at the applicable lo2 cation. 

3 ‘‘(B) NATIONAL FOREST MANAGEMENT

4 PLANS.—No amendment to a National Forest 

5 management plan under the Forest and Range6 land Renewable Resources Planning Act of 

7 1974 (16 U.S.C. 1600 et seq.) shall be consid8 ered, pursuant to an application for Federal au9 thorization, if the result of the amendment 

10 would substantially interfere with the nature 

11 and purposes of a national scenic trail des12 ignated by the National Trails System Act (16 

13 U.S.C. 1241 et seq.).’’. 

Æ 


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