I 

117TH CONGRESS 

1ST SESSION H. R. 2889 

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 

APRIL 28, 2021 

Mr. MALINOWSKI (for himself, Mrs. WATSON COLEMAN, Mr. TONKO, Ms. 

KUSTER, 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; 

18 ‘‘(B) complies with all environmental conditions 

19 appended to the certificate order; and 

20 ‘‘(C) is in compliance with subsection (i)(2). 

21 ‘‘(3) A holder of a certificate of public convenience 

22 and necessity shall be suspended from the exercise of the 

23 right of eminent domain under paragraph (1)— 

24 ‘‘(A) if the holder requests a material amend25 ment to the certificate, until such time as the condi26 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.’’. 


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1 (b) ACCESS FOR SURVEYS.—Section 7 of the Natural 

2 Gas Act (15 U.S.C. 717f) is further amended by adding 

3 at the end the following: 

4 ‘‘(i)(1) For purposes of subsection (h), the exercise 

5 of the right of eminent domain does not include accessing 

6 property for purposes of surveying prior to acquiring the 

7 property, except in accordance with paragraph (2). 

8 ‘‘(2) If a holder of a certificate of public convenience 

9 and necessity is unable to agree with the owner of property 

10 on access to the property for purposes of surveying, the 

11 holder shall enter into the dispute resolution process of 

12 the Commission. If dispute resolution fails, or if the prop13 erty owner refuses to participate in such process, the Com14 mission may, upon a showing by the holder of documented 

15 repeated, good faith efforts to work with the property 

16 owner to agree on such access, issue an order declaring 

17 that, upon a court order, for purposes of the relevant cer18 tificate and with respect to the relevant property, the exer19 cise of the right of eminent domain under subsection (h) 

20 includes accessing the property, in a limited, non-land-dis21 turbing manner, for purposes of surveying prior to acquir22 ing the property.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this Act shall apply— 


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1 (1) to any action or proceeding for eminent do2 main under section 7(h)(1) of the Natural Gas Act, 

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

4 date of enactment of this Act; and 

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

6 a certificate of public convenience and necessity oc7 curring on or after the date of enactment of this 

8 Act. 

Æ 


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