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 re-
ferred 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 con-
venience and necessity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for Land-
owners Facing Eminent Domain Act’’. 
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SEC. 2. MODIFICATIONS TO EXERCISE OF THE RIGHT OF 
EMINENT DOMAIN BY HOLDER OF A CERTIFI-
CATE OF PUBLIC CONVENIENCE AND NECES-
SITY. 
(a) REQUIREMENT.—Section 7(h) of the Natural Gas 
Act (15 U.S.C. 717f(h)) is amended— 
(1) by striking ‘‘When any holder’’ and insert-
ing the following: ‘‘ (1) Subject to paragraph (2), 
when any holder’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) A holder of a certificate of public convenience 
and necessity may not exercise the right of eminent do-
main under paragraph (1) unless the holder— 
‘‘(A) obtains all Federal and State permits re-
quired by law for the construction and operation of 
pipeline facilities; 
‘‘(B) complies with all environmental conditions 
appended to the certificate order; and 
‘‘(C) is in compliance with subsection (i)(2). 
‘‘(3) A holder of a certificate of public convenience 
and necessity shall be suspended from the exercise of the 
right of eminent domain under paragraph (1)— 
‘‘(A) if the holder requests a material amend-
ment to the certificate, until such time as the condi-
tions in paragraph (4) are satisfied; or 
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‘‘(B) if a Federal or State permit held by the 
holder is vacated or remanded, until such time as— 
‘‘(i) all vacated or remanded permits are 
reinstated or reissued to the holder; and 
‘‘(ii) the holder complies with all environ-
mental conditions appended to the certificate 
order. 
‘‘(4) A holder of a certificate of public convenience 
and necessity who requests a material amendment to the 
certificate and has the exercise of the right of eminent do-
main suspended under paragraph (3)(A) may not com-
mence a new action or proceeding to exercise the right 
of eminent domain under paragraph (1) until such time 
as— 
‘‘(A) the Commission issues an amended certifi-
cate of public convenience and necessity; and 
‘‘(B) the holder— 
‘‘(i) obtains all additional Federal and 
State permits required by law pursuant to the 
amended certificate; and 
‘‘(ii) complies with all environmental condi-
tions appended to the amended certificate 
order.’’. 
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(b) ACCESS FOR SURVEYS.—Section 7 of the Natural 
Gas Act (15 U.S.C. 717f) is further amended by adding 
at the end the following: 
‘‘(i)(1) For purposes of subsection (h), the exercise 
of the right of eminent domain does not include accessing 
property for purposes of surveying prior to acquiring the 
property, except in accordance with paragraph (2). 
‘‘(2) If a holder of a certificate of public convenience 
and necessity is unable to agree with the owner of property 
on access to the property for purposes of surveying, the 
holder shall enter into the dispute resolution process of 
the Commission. If dispute resolution fails, or if the prop-
erty owner refuses to participate in such process, the Com-
mission may, upon a showing by the holder of documented 
repeated, good faith efforts to work with the property 
owner to agree on such access, issue an order declaring 
that, upon a court order, for purposes of the relevant cer-
tificate and with respect to the relevant property, the exer-
cise of the right of eminent domain under subsection (h) 
includes accessing the property, in a limited, non-land-dis-
turbing manner, for purposes of surveying prior to acquir-
ing the property.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply— 
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