,i #aagth ,,congress #ast ,session ,h4 ,r4 #bhhi ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjba,mr4 ,malinowski 7for himself1 ,mrs4 ,watson ,coleman1 ,mr4 ,tonko1 ,ms4 ,kuster1 and ,mr4 ,huffman7 introduced the following bill2 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 necessity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fairness for ,landowners ,facing ,eminent ,domain ,act4 #b4 ,modifications to exercise of the right of eminent domain by holder of a certificate of public convenience and necessity 7a7 ,requirement ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 is amended-- 7#a7 by striking ,when any holder and inserting the following3 7#a7 ,subject to paragraph 7#b71 when any holder 2 and 7#b7 by adding at the end the following new paragraphs3 7#b7 ,a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under paragraph 7#a7 unless the holder-- 7,a7 obtains all ,federal and ,state permits required by law for the construction and operation of pipeline facilities2 7,b7 complies with all environmental conditions appended to the certificate order2 and 7,c7 is in compliance with subsection 7i77#b74 7#c7 ,a holder of a certificate of public convenience and necessity shall be suspended from the exercise of the right of eminent domain under paragraph 7#a7-- 7,a7 if the holder requests a material amendment to the certificate1 until such time as the conditions in paragraph 7#d7 are satisfied2 or 7,b7 if a ,federal or ,state permit held by the holder is vacated or remanded1 until such time as-- 7i7 all vacated or remanded permits are reinstated or reissued to the holder2 and 7ii7 the holder complies with all environmental conditions appended to the certificate order4 7#d7 ,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 7#c77;,a7 may not commence a new action or proceeding to exercise the right of eminent domain under paragraph 7#a7 until such time as-- 7,a7 the ,commission issues an amended certificate of public convenience and necessity2 and 7,b7 the holder-- 7i7 obtains all additional ,federal and ,state permits required by law pursuant to the amended certificate2 and 7ii7 complies with all environmental conditions appended to the amended certificate order4 4 7b7 ,access for surveys ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is further amended by adding at the end the following3 7i7 7#a7 ,for purposes of subsection 7h71 the exercise of the right of eminent domain does not include accessing property for purposes of surveying prior to acquiring the property1 except in accordance with paragraph 7#b74 7#b7 ,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 surveying1 the holder shall enter into the dispute resolution process of the ,commission4 ,if dispute resolution fails1 or if the property owner refuses to participate in such process1 the ,commission may1 upon a showing by the holder of documented repeated1 good faith efforts to work with the property owner to agree on such access1 issue an order declaring that1 upon a court order1 for purposes of the relevant certificate and with respect to the relevant property1 the exercise of the right of eminent domain under subsection 7h7 includes accessing the property1 in a limited1 non-land-disturbing manner1 for purposes of surveying prior to acquiring the property4 4 7c7 ,effective date ,the amendments made by this ,act shall apply-- 7#a7 to any action or proceeding for eminent domain under section #g7;h77#a7 of the ,natural ,gas ,act1 as amended by this ,act1 commencing on or after the date of enactment of this ,act2 and 7#b7 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 ,act4