Protecting Communities from Power Line Abuse Act

Protecting Communities from Power Line Abuse Act - Amends the Federal Power Act to repeal provisions regarding: (1) mandatory fair market value compensation for right-of-way acquisitions; (2) transmission facility modifications in accordance with state law; and (3) requirements for coordination of federal authorizations for interstate electric transmission facilities, including authorization to file an appeal with the President regarding denial of an application for such an authorization.

Modifies requirements for acquisition of rights-of-way for electric transmission facilities located on property other than federal or state property. Provides that, if the permit holder cannot acquire by contract, or is unable to agree upon compensation with the owner of the property, the permit holder may acquire the right-of-way in accordance with state law for the state in which the property is located. (Thus repeals current law which allows the permit holder to acquire the-right-of-way through the exercise of eminent domain in a federal district court.)

Requires the length of at least one year for the comment period on an application for a transmission facility permit.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5823 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5823

   To amend certain provisions of the Federal Power Act added by the 
    Energy Policy Act of 2005 relating to the use of eminent domain 
 authority for the construction of electric power lines, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2006

  Mrs. Kelly introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend certain provisions of the Federal Power Act added by the 
    Energy Policy Act of 2005 relating to the use of eminent domain 
 authority for the construction of electric power lines, 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 ``Protecting Communities from Power 
Line Abuse Act'' .

SEC. 2. EMINENT DOMAIN AUTHORITY.

    Section 216 of the Federal Power Act (as added by section 1221 of 
the Energy Policy Act of 2005) is amended by repealing subsections (f) 
and (g) and by amending subsection (e) to read as follows:
    ``(e) Acquisition of Rights-of-Way.--In the case of a permit under 
subsection (b) for electric transmission facilities to be located on 
property other than property owned by the United States or a State, if 
the permit holder cannot acquire by contract, or is unable to agree 
with the owner of the property to the compensation to be paid for, the 
necessary right-of-way to construct or modify the transmission 
facilities, the permit holder may acquire the right-of-way in 
accordance with State law for the State in which the property is 
located.''.

SEC. 3. APPEAL TO PRESIDENT.

    Paragraph (6) of section 216(h) of the Federal Power Act (as added 
by section 1221 of the Energy Policy Act of 2005) is repealed.

SEC. 4. COMMENT PERIOD.

    Section 216(d) of the Federal Power Act (as added by section 1221 
of the Energy Policy Act of 2005) is amended by inserting ``for a 
period of not less than one year'' after ``reasonable opportunity'' .
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