Title: Fairness for Landowners Facing Eminent Domain Act
Policy area: Energy

Summary:
Fairness for Landowners Facing Eminent Domain Act
This bill limits the use of eminent domain by the holder of a certificate of public convenience and necessity to acquire land or property for the construction and operation of a natural gas pipeline facility.
Specifically, the bill prohibits the use of eminent domain unless the holder (1) obtains all federal and state permits required by law for the construction and operation of pipeline facilities, and (2) complies with all environmental conditions appended to the certificate order.
Additionally, the bill suspends eminent domain authority if (1) the holder requests a material amendment to the certificate, or (2) a federal or state permit held by the holder is vacated or remanded.
The bill also sets forth a dispute resolution process and related requirements to resolve disagreements about accessing properties prior to acquiring them.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2889 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Landowners Facing 
Eminent Domain Act''.

SEC. 2. MODIFICATIONS TO EXERCISE OF THE RIGHT OF EMINENT DOMAIN BY 
              HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND 
              NECESSITY.

    (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 inserting 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 domain under paragraph (1) unless 
the holder--
            ``(A) obtains all Federal and State permits required 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 amendment to the 
        certificate, until such time as the conditions in paragraph (4) 
        are satisfied; or
            ``(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 environmental 
                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 domain suspended under paragraph 
(3)(A) may not commence 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 certificate 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 conditions 
                appended to the amended certificate order.''.
    (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 property owner refuses to participate in such process, 
the Commission 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 certificate and with respect to the relevant 
property, the exercise of the right of eminent domain under subsection 
(h) includes accessing the property, in a limited, non-land-disturbing 
manner, for purposes of surveying prior to acquiring the property.''.
    (c) Effective Date.--The amendments made by this Act shall apply--
            (1) to any action or proceeding for eminent domain under 
        section 7(h)(1) of the Natural Gas Act, as amended by this Act, 
        commencing on or after the date of enactment of this Act; and
            (2) to any request for a material amendment to a 
        certificate of public convenience and necessity occurring on or 
        after the date of enactment of this Act.
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