‘‘SEC. 224. SITING OF CERTAIN INTERSTATE ELECTRIC 
TRANSMISSION FACILITIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED LANDOWNER.— 
‘‘(A) IN
GENERAL.—The term ‘affected 
landowner’ includes each owner of a property 
interest in land or other property described in 
subparagraph (B), including— 
‘‘(i) the Federal Government; 
‘‘(ii) a State or local government; and 
‘‘(iii) each owner noted in the most 
recent county or city tax record as receiv-
ing the relevant tax notice with respect to 
that interest. 
‘‘(B) LAND
AND
OTHER
PROPERTY
DE-
SCRIBED.—The land or other property referred 
to in subparagraph (A) is any land or other 
property— 
‘‘(i) that is or will be crossed by the 
energy transmission facility proposed to be 
constructed or modified under the applica-
ble certificate of public convenience and 
necessity; 
‘‘(ii) that is or will be used as a facil-
ity site with respect to the energy trans-
mission facility proposed to be constructed 
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or modified under the applicable certificate 
of public convenience and necessity; 
‘‘(iii) that abuts any boundary of an 
existing right-of-way or other facility site 
that— 
‘‘(I) is owned by an electric util-
ity; and 
‘‘(II) is located not more than 
500 feet from the energy transmission 
facility to be constructed or modified 
under the applicable certificate of 
public convenience and necessity; 
‘‘(iv) that abuts the boundary of a 
proposed facility site for the energy trans-
mission facility to be constructed or modi-
fied under the applicable certificate of pub-
lic convenience and necessity; 
‘‘(v) that is crossed by, or abuts any 
boundary of, an existing or proposed right- 
of-way that— 
‘‘(I) will be used for the energy 
transmission facility to be constructed 
or modified under the applicable cer-
tificate of public convenience and ne-
cessity; and 
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‘‘(II) is located not more than 
500 feet from the proposed location of 
that energy transmission facility; or 
‘‘(vi) on which a residence is located 
not more than 500 feet from the boundary 
of any right-of-way for that energy trans-
mission facility. 
‘‘(2) ALTERNATING
CURRENT
TRANSMISSION 
FACILITY.—The term ‘alternating current trans-
mission facility’ means a transmission facility that 
uses alternating current for the bulk transmission of 
electric energy. 
‘‘(3) ENERGY
TRANSMISSION
FACILITY.—The 
term ‘energy transmission facility’ means, as appli-
cable— 
‘‘(A) an alternating current transmission 
facility; or 
‘‘(B) a high-voltage, direct current trans-
mission facility. 
‘‘(4) FACILITY SITE.—The term ‘facility site’ 
includes— 
‘‘(A) a right-of-way; 
‘‘(B) an access road; 
‘‘(C) a contractor yard; and 
‘‘(D) any temporary workspace. 
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‘‘(5) HIGH-VOLTAGE, DIRECT CURRENT TRANS-
MISSION FACILITY.—The term ‘high-voltage, direct 
current transmission facility’ means a transmission 
facility that uses direct current for the bulk trans-
mission of electric energy. 
‘‘(6) TRIBAL
LAND.—The term ‘Tribal land’ 
has the meaning given the term ‘Indian land’ in sec-
tion 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501). 
‘‘(b) CERTIFICATE OF PUBLIC CONVENIENCE AND 
NECESSITY.— 
‘‘(1) IN GENERAL.—On receipt of an applica-
tion under subsection (c)(1) relating to an energy 
transmission facility described in paragraph (2), the 
Commission, after making the finding described in 
paragraph (3) with respect to that energy trans-
mission facility, shall issue to any person, by publi-
cation in the Federal Register, a certificate of public 
convenience and necessity for the construction, 
modification, operation, or abandonment of that en-
ergy transmission facility, subject to such reasonable 
terms and conditions as the Commission determines 
to be appropriate. 
‘‘(2) ENERGY
TRANSMISSION
FACILITY
DE-
SCRIBED.—An energy transmission facility referred 
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to in paragraph (1) is an energy transmission facil-
ity that— 
‘‘(A) traverses or, on construction or modi-
fication in accordance with a certificate of pub-
lic convenience and necessity issued under that 
paragraph, will traverse not fewer than 2 
States; and 
‘‘(B) is not less than 1,000 megawatts or 
1,000 megavolt-amperes in power capacity. 
‘‘(3) FINDING
DESCRIBED.—The finding re-
ferred to in paragraph (1) is a finding that— 
‘‘(A) the applicant for a certificate of pub-
lic convenience and necessity is able and will-
ing— 
‘‘(i) to carry out the activities and 
perform the services proposed in the appli-
cation in a manner determined to be ap-
propriate by the Commission; and 
‘‘(ii) to achieve compliance with the 
applicable requirements of— 
‘‘(I) this part; and 
‘‘(II) any rules and regulations 
promulgated by the Commission pur-
suant to this part; 
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‘‘(B) the energy transmission facility to be 
constructed, modified, or operated under the 
certificate of public convenience and necessity 
will— 
‘‘(i) traverse not fewer than 2 States; 
‘‘(ii) be used for the transmission of 
electric energy in interstate commerce; and 
‘‘(iii) have a power capacity of not less 
than 1,000 megawatts or 1,000 megavolt- 
amperes; and 
‘‘(C) operation of the energy transmission 
facility as proposed in the application— 
‘‘(i) will— 
‘‘(I) enable the use of renewable 
energy; 
‘‘(II) reduce congestion; or 
‘‘(III) improve the reliability of 
the transmission system; 
‘‘(ii) will maximize, to the extent rea-
sonable and economical, the use of— 
‘‘(I) existing facility sites; and 
‘‘(II) the transmission capabili-
ties of existing energy transmission 
facilities; and 
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‘‘(iii) will, to the extent practicable, 
minimize the use of eminent domain. 
‘‘(4) RULEMAKING.—Not later than 270 days 
after the date of enactment of this section, the Com-
mission shall issue rules specifying— 
‘‘(A) a pre-filing process during which a 
person described in subsection (c)(1) and the 
Commission shall consult with— 
‘‘(i) the appropriate State agencies, 
State public utility commissions, and State 
energy offices in each State the proposed 
project traverses; 
‘‘(ii) appropriate Federal agencies; 
and 
‘‘(iii) each Indian Tribe that may be 
affected by the proposed project; 
‘‘(B) the form of, and information to be 
contained in, an application submitted under 
subsection (c)(1); 
‘‘(C) requirements for determining whether 
the applicable energy transmission facility will 
be constructed or modified— 
‘‘(i) to traverse not fewer than 2 
States; 
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‘‘(ii) to be used for the transmission 
of electric energy in interstate commerce; 
and 
‘‘(iii) to have a power capacity of not 
less than 1,000 megawatts or 1,000 mega-
volt-amperes; 
‘‘(D) criteria for determining the reason-
able and economical use of— 
‘‘(i) existing rights-of-way; and 
‘‘(ii) the transmission capabilities of 
existing towers or structures; 
‘‘(E) the manner in which an application 
submitted under subsection (c)(1) and any pro-
posal for the construction or modification of an 
energy transmission facility shall be considered, 
which, to the extent practicable, shall be con-
sistent with State statutory and regulatory poli-
cies concerning generation and retail sales of 
electricity in the States in which the electric en-
ergy transmitted by the energy transmission fa-
cility will be generated or sold; and 
‘‘(F) the manner in which the Commission 
will consider the needs of communities that will 
be impacted directly by the proposed energy 
transmission facility, including how any impacts 
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of the proposed energy transmission facility 
could be mitigated or offset. 
‘‘(5) PUBLIC NOTICE, COMMENT, AND OPPOR-
TUNITY FOR A HEARING ON CERTAIN DRAFT DOCU-
MENTS.— 
‘‘(A) IN GENERAL.—The Commission shall 
provide not less than 90 days for public com-
ment on any initial scoping document or draft 
environmental impact statement prepared for 
an energy transmission facility with respect to 
which an application for a certificate of public 
convenience and necessity has been submitted 
under subsection (c)(1). 
‘‘(B) NOTICE
AND
OPPORTUNITY
FOR 
HEARING.—The Commission shall— 
‘‘(i) publish in the Federal Register a 
notice of the filing of each draft scoping 
document or draft environmental impact 
statement described in clause (i); and 
‘‘(ii) provide to the individuals and en-
tities described in paragraph (6)(B) notice 
and reasonable opportunity for the presen-
tation of any views and recommendations 
with respect to the initial scoping docu-
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ment or draft environmental impact state-
ment. 
‘‘(C) TRIBAL CONSENT.—With respect to 
an Indian Tribe that may be affected by a po-
tential project, the Commission— 
‘‘(i) shall provide notice to the appro-
priate Tribal officials and an opportunity 
of public comment in accordance with sub-
paragraph (A); and 
‘‘(ii) shall not approve a scoping docu-
ment or draft environmental impact state-
ment unless consent has been obtained 
from the proper Tribal officials in a man-
ner consistent with the requirements of 
section 2 of the Act of February 5, 1948 
(62 Stat. 18, chapter 45; 25 U.S.C. 324). 
‘‘(6) NOTICE AND OPPORTUNITY FOR A HEAR-
ING ON APPLICATIONS.— 
‘‘(A) IN GENERAL.—In any proceeding be-
fore the Commission to consider an application 
for a certificate of public convenience and ne-
cessity under this section, the Commission 
shall— 
‘‘(i) publish a notice of the application 
in the Federal Register; and 
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‘‘(ii) provide to the individuals and en-
tities described in subparagraph (B) a no-
tice and reasonable opportunity for the 
presentation 
of 
any 
views 
and 
rec-
ommendations with respect to the need for, 
and impact of, the construction or modi-
fication of the energy transmission facility 
proposed to be constructed or modified 
under the certificate. 
‘‘(B) INDIVIDUALS
AND
ENTITIES
DE-
SCRIBED.—The individuals and entities referred 
to in subparagraph (A) are— 
‘‘(i) an agency, selected by the Gov-
ernor (or equivalent official) of the applica-
ble State, of each State in which the en-
ergy transmission facility proposed to be 
constructed or modified under the applica-
ble certificate of public convenience and 
necessity is or will be located; 
‘‘(ii) each affected landowner; and 
‘‘(iii) as determined by the Commis-
sion— 
‘‘(I) each affected Federal agen-
cy; and 
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‘‘(II) each Indian Tribe that may 
be affected by the proposed construc-
tion or modification. 
‘‘(C) PROHIBITION.—The Commission may 
not— 
‘‘(i) require an applicant for a certifi-
cate of public convenience and necessity 
under this section to provide any notice re-
quired under this section; or 
‘‘(ii) enter into a contract to provide 
any notice required under this section 
with— 
‘‘(I) the applicant for the applica-
ble certificate of public convenience 
and necessity; or 
‘‘(II) any other person that has a 
financial interest in the project pro-
posed in the application for that cer-
tificate. 
‘‘(c) APPLICATIONS.— 
‘‘(1) IN GENERAL.—A person desiring a certifi-
cate of public convenience and necessity under this 
section shall submit to the Commission an applica-
tion at such time, in such manner, and containing 
such information as the Commission may require. 
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‘‘(2) REQUIREMENT.—An application submitted 
to the Commission under paragraph (1) shall include 
all information necessary for the Commission to 
make the finding described in subsection (b)(3). 
‘‘(d) NOTICE TO AFFECTED LANDOWNERS.— 
‘‘(1) IN GENERAL.—The Commission shall pro-
vide written notice of an application submitted under 
subsection (c)(1) to all affected landowners in ac-
cordance with this subsection. 
‘‘(2) REQUIREMENTS.—Any notice provided to 
an affected landowner under paragraph (1) shall in-
clude the following: 
‘‘(A) The following statement in 14-point 
bold typeface: 
‘‘ ‘The [name of applicant] has proposed build-
ing power lines that will cross your property, 
and may also require building transmission tow-
ers on your property. If the Federal Energy 
Regulatory Commission approves [applicant]’s 
proposed project, then [applicant] may have the 
right to build transmission towers on, and 
power lines over, your property, or use your 
property to construct the proposed project, sub-
ject to paying you just compensation for the 
loss of your property. 
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‘‘ ‘If you want to raise objections to this, or oth-
erwise comment on this project, you can do so 
by submitting written comments to the Federal 
Energy Regulatory Commission Docket No. 
[lll]. You can do this electronically or by 
mail. To do so electronically [to be inserted by 
the Commission]. To do so by mail [to be in-
serted by the Commission].’. 
‘‘(B) A description of the proposed project, 
including— 
‘‘(i) the location of the proposed 
project (including a general location map); 
‘‘(ii) the purpose of the proposed 
project; and 
‘‘(iii) the timing of the proposed 
project. 
‘‘(C) The name of, and the location in the 
docket of the Commission at which may be 
found, each submission by the applicant to the 
Commission relating to the proposed project. 
‘‘(D) A general description of what the ap-
plicant will need from the landowner if the pro-
posed project is approved, including the activi-
ties the applicant may undertake and the facili-
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ties that the applicant may seek to construct on 
the property of the landowner. 
‘‘(E) A description of how the landowner 
may contact the applicant, including— 
‘‘(i) a website; and 
‘‘(ii) a local or toll-free telephone 
number and the name of a specific person 
to contact who is knowledgeable about the 
proposed project. 
‘‘(F) A description of how the landowner 
may contact the Commission, including— 
‘‘(i) a website; and 
‘‘(ii) a local or toll-free telephone 
number and the name of a specific person 
to contact who is knowledgeable about the 
proposed project. 
‘‘(G) A summary of the rights that the 
landowner has— 
‘‘(i) before the Commission; and 
‘‘(ii) in other proceedings under— 
‘‘(I) the Federal Rules of Civil 
Procedure; and 
‘‘(II) the eminent domain rules of 
the relevant State. 
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‘‘(H) Any other information that the Com-
mission determines to be appropriate. 
‘‘(3) OBLIGATION
OF
APPLICANT.—An appli-
cant for a certificate of public convenience and ne-
cessity under this section shall submit to the Com-
mission, together with the application for the certifi-
cate, the name and address of each affected land-
owner. 
‘‘(e) REGULATORY JURISDICTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Commission shall have exclusive juris-
diction over, and no State shall regulate any aspect 
of, the siting or permitting of an energy trans-
mission facility constructed, modified, or operated 
under a certificate of public convenience and neces-
sity issued under this section. 
‘‘(2) SAVINGS CLAUSE.—Nothing in this section 
affects the rights of States under— 
‘‘(A) the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.); 
‘‘(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
‘‘(C) the Clean Air Act (42 U.S.C. 7401 et 
seq.); or 
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‘‘(D) division A of subtitle III of title 54, 
United States Code (formerly known as the 
‘National Historic Preservation Act’). 
‘‘(f) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any person aggrieved by 
an order issued by the Commission under this sec-
tion may obtain review of the order in— 
‘‘(A) the court of appeals of the United 
States for any judicial circuit in which the en-
ergy transmission facility to be constructed or 
modified under the applicable certificate of pub-
lic convenience and necessity is or will be lo-
cated; or 
‘‘(B) the United States Court of Appeals 
for the District of Columbia Circuit. 
‘‘(2) PETITION FOR REVIEW.— 
‘‘(A) IN GENERAL.—A person may obtain 
review under paragraph (1) by filing in the ap-
plicable court a written petition praying that 
the order of the Commission be modified or set 
aside in whole or in part. 
‘‘(B) TIMING.—A petition under subpara-
graph (A) shall be filed by not later than 60 
days after the date on which the applicable 
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order of the Commission is published in the 
Federal Register. 
‘‘(3) PERSON
AGGRIEVED.—Notwithstanding 
any other provision of this Act, a person aggrieved 
by an order of the Commission issued under this 
section need not— 
‘‘(A) have been a party to the proceedings 
before the Commission in which that order was 
issued in order to obtain judicial review of the 
order under this subsection; or 
‘‘(B) have requested rehearing before the 
Commission prior to seeking judicial review. 
‘‘(g) RIGHT
OF EMINENT DOMAIN
FOR ENERGY 
TRANSMISSION FACILITIES.— 
‘‘(1) IN GENERAL.—The holder of a certificate 
of public convenience and necessity may acquire 
through the exercise of the right of eminent domain 
in a court described in paragraph (2) any right-of- 
way, land, or other property that is necessary to 
construct, modify, operate, or maintain an energy 
transmission facility in accordance with that certifi-
cate if the holder— 
‘‘(A) cannot acquire the necessary right-of- 
way, land, or other property by contract; 
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‘‘(B) is unable to agree with the owner of 
the right-of-way, land, or other property with 
respect to the compensation to be paid for that 
right-of-way, land, or other property; or 
‘‘(C) cannot clear defective title with re-
spect to the right-of-way, land, or other prop-
erty. 
‘‘(2) COURT DESCRIBED.—A court referred to 
in paragraph (1) is— 
‘‘(A) the district court of the United States 
for the district in which the applicable land or 
other property is located; or 
‘‘(B) the appropriate State court. 
‘‘(3) NOTICE OF DECISION TO ISSUE CERTIFI-
CATE.—The holder of a certificate of public conven-
ience and necessity may not exercise the right of 
eminent domain under this subsection with respect 
to any property covered by the certificate unless the 
Commission has first, in addition to publishing the 
notice of certificate of public convenience and neces-
sity in the Federal Register, provided all affected 
landowners with notice of— 
‘‘(A) the decision of the Commission to 
grant the certificate; and 
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‘‘(B) the procedures for obtaining judicial 
review of that decision under subsection (f), in-
cluding a description of the time period for 
seeking judicial review under that subsection. 
‘‘(h) CONDEMNATION PROCEDURES.— 
‘‘(1) APPRAISALS.— 
‘‘(A) IN GENERAL.—A holder of, or appli-
cant for, a certificate of public convenience and 
necessity shall have any property that the hold-
er or applicant seeks to acquire through the ex-
ercise of the right of eminent domain under 
subsection (g) appraised in accordance with 
generally accepted appraisal standards by an 
appraiser selected by the owner of the property, 
subject to subparagraph (D). 
‘‘(B) REQUIREMENTS.— 
‘‘(i) COSTS.—The applicable holder of, 
or applicant for, a certificate of public con-
venience and necessity shall pay for each 
appraisal carried out under subparagraph 
(A). 
‘‘(ii) INSPECTIONS.—The owner of the 
applicable property (or a designated rep-
resentative of the owner) shall be given the 
opportunity to accompany the appraiser 
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during any inspection of the property that 
is part of an appraisal under subparagraph 
(A). 
‘‘(C) TIMING.—An appraisal under sub-
paragraph (A) shall be carried out before the 
holder of, or applicant for, the certificate of 
public convenience and necessity— 
‘‘(i) makes an offer of just compensa-
tion under paragraph (2); or 
‘‘(ii) commences an action or pro-
ceeding to exercise the right of eminent do-
main under subsection (g). 
‘‘(D) SELECTION OF APPRAISER.—If the 
owner of the applicable property does not select 
an appraiser under subparagraph (A) by the 
date that is 60 days after the date on which the 
holder of, or applicant for, the applicable certifi-
cate of public convenience and necessity re-
quests that the owner do so, the holder or ap-
plicant shall have the right to select the ap-
praiser. 
‘‘(2) OFFERS OF JUST COMPENSATION.— 
‘‘(A) IN GENERAL.—Any offer of just com-
pensation made to an affected landowner of 
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property that is covered by a certificate of pub-
lic convenience and necessity— 
‘‘(i) shall be made in writing; 
‘‘(ii) may not be for an amount less 
than the fair market value of the property, 
as determined by an appraisal carried out 
under paragraph (1); and 
‘‘(iii) shall include compensation for— 
‘‘(I) any lost income from the 
property; and 
‘‘(II) any damages to any other 
property of the owner. 
‘‘(B) TIMING.—The holder of, or applicant 
for, a certificate of public convenience and ne-
cessity may not make an offer of just com-
pensation to an affected landowner until the 
date that is 30 days after the date on which the 
Commission provides a notice to the affected 
landowner under subsection (g)(3). 
‘‘(3) JURISDICTIONAL LIMITATIONS.— 
‘‘(A) 
MINIMUM
JURISDICTIONAL 
AMOUNT.—A district court of the United States 
shall only have jurisdiction of an action or pro-
ceeding to exercise the right of eminent domain 
under subsection (g) if the amount claimed by 
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the owner of the property to be condemned ex-
ceeds $3,000. 
‘‘(B) STATE OWNERSHIP INTERESTS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a district court of the 
United States shall have no jurisdiction to 
condemn any interest owned by a State. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), a district court of the United 
States shall have jurisdiction— 
‘‘(I) to condemn any existing util-
ity or transportation easement or 
right-of-way that— 
‘‘(aa) is on State property; 
or 
‘‘(bb) is on private property 
and is owned by a State; and 
‘‘(II) to condemn any real prop-
erty conveyed to a State for the pur-
pose of obstructing the construction, 
modification, or operation of an en-
ergy transmission facility in accord-
ance with a certificate of public con-
venience and necessity issued under 
this section. 
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‘‘(C) TRIBAL LAND.—A district court of 
the United States shall have no jurisdiction to 
condemn any interest in Tribal land. 
‘‘(4) LIMITATION ON CONDEMNATION.—In any 
action or proceeding to exercise the right of eminent 
domain under subsection (g), a court— 
‘‘(A) may condemn an interest in property 
only to the extent necessary for the specific fa-
cilities described in the applicable certificate of 
public convenience and necessity; and 
‘‘(B) may not— 
‘‘(i) condemn any other interest; or 
‘‘(ii) condemn an interest for any pur-
pose not described in that certificate. 
‘‘(5) RIGHT OF POSSESSION.—With respect to 
any action or proceeding to exercise the right of emi-
nent domain under subsection (g), an owner of prop-
erty covered by the applicable certificate of public 
convenience and necessity shall not be required to 
surrender possession of that property unless the 
holder of the certificate— 
‘‘(A) has paid to the owner the award of 
compensation in the action or proceeding; or 
‘‘(B) has deposited the amount of that 
award with the court. 
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‘‘(6) LITIGATION COSTS.— 
‘‘(A) IN GENERAL.—A holder of a certifi-
cate of public convenience and necessity that 
commences an action or proceeding to exercise 
the right of eminent domain under subsection 
(g) shall be liable to the owner of any property 
condemned in that proceeding for the costs de-
scribed in subparagraph (B) if the amount 
awarded to that owner for the property con-
demned is more than 125 percent of the 
amount offered to the owner by the holder be-
fore the commencement of that action or pro-
ceeding. 
‘‘(B) COSTS
DESCRIBED.—The costs re-
ferred to in subparagraph (A) are litigation 
costs incurred for the action or proceeding de-
scribed in that subparagraph by the owner of 
the property condemned, including— 
‘‘(i) reasonable attorney fees; and 
‘‘(ii) expert witness fees and costs. 
‘‘(i) ENFORCEMENT OF CONDITIONS.— 
‘‘(1) IN GENERAL.—An affected landowner the 
property of which has been acquired by eminent do-
main under subsection (g) shall have the right— 
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