Ending Natural Gas Companies' Seizure of Land for Export Profits Act

Bill: 116-s-4680
Sponsor: full_name: Sen. Merkley, Jeff [D-OR]
Introduced: 2020-09-23
Policy area: Energy
Subjects: Federal district courts

Intergovernmental relations

Jurisdiction and venue

Land transfers

Land use and conservation

Oil and gas

Pipelines

Property rights

State and local government operations

Trade restrictions
Latest action: action_date: 2020-09-23
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2020-09-23
action_desc: Introduced in Senate
text: <p><b>Ending Natural Gas Companies' Seizure of Land for Export Profits Act </b></p> <p>This bill addresses jurisdiction of U.S. district courts over eminent domain proceedings and the use of eminent domain by the holder of a certificate of public convenience and necessity to acquire land or property with respect to natural gas pipelines.</p> <p>Specifically, the bill</p> <ul> <li>provides that U.S. districts courts shall not have jurisdiction to condemn property in which a state owns any interest, and</li> <li>prohibits the holder of a certification of public convenience and necessity that authorizes construction and operation of a natural gas pipeline from exercising the right of eminent domain for a pipeline designed to export liquefied natural gas to a foreign country.</li> </ul>

tv_txt: II 116th CONGRESS 2d Session S. 4680 IN THE SENATE OF THE UNITED STATES September 23, 2020 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Natural Gas Act to provide that the United States district courts shall not have jurisdiction to condemn property in which a State holds any interest, and for other purposes.

1. Short title This Act may be cited as the Ending Natural Gas Companies' Seizure of Land for Export Profits Act . 2. Jurisdiction of United States district courts over certain eminent domain proceedings Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) is amended— (1) in the second sentence— (A) by striking situated: Provided, That the and inserting the following: “situated. (3) Jurisdiction of United States district courts (A) In general The ; and (B) by striking The practice and inserting the following: (2) Practice and procedure The practice ; (2) in the first sentence, by striking (h) When any holder and inserting the following: (h) Eminent domain (1) In general When any holder ; and (3) by adding at the end the following: (B) State property The United States district courts shall not have jurisdiction to condemn property in which a State owns any interest. . 3. Prohibition on the use of eminent domain for exports Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) (as amended by section 2) is amended by adding at the end the following: (4) Limitation on use of eminent domain for exports A holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection if the project covered by the certificate is a project to be constructed substantially for the purpose of transporting natural gas to an LNG terminal or to other pipelines for export from the United States to a foreign country. .