[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2651 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2651

To amend the Federal Power Act to establish a procedure for the siting 
 of certain interstate electric transmission facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2021

   Mr. Whitehouse (for himself, Mr. Heinrich, and Mr. Hickenlooper) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Power Act to establish a procedure for the siting 
 of certain interstate electric transmission facilities, 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 ``Streamlining Interstate Transmission 
of Electricity Act'' or the ``SITE Act''.

SEC. 2. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION 
              FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Affected landowner.--
                    ``(A) In general.--The term `affected landowner' 
                includes each owner of a property interest in land or 
                other property described in subparagraph (B), 
                including--
                            ``(i) the Federal Government;
                            ``(ii) a State or local government; and
                            ``(iii) each owner noted in the most recent 
                        county or city tax record as receiving the 
                        relevant tax notice with respect to that 
                        interest.
                    ``(B) Land and other property described.--The land 
                or other property referred to in subparagraph (A) is 
                any land or other property--
                            ``(i) that is or will be crossed by the 
                        energy transmission facility proposed to be 
                        constructed or modified under the applicable 
                        certificate of public convenience and 
                        necessity;
                            ``(ii) that is or will be used as a 
                        facility site with respect to the energy 
                        transmission facility proposed to be 
                        constructed or modified under the applicable 
                        certificate of public convenience and 
                        necessity;
                            ``(iii) that abuts any boundary of an 
                        existing right-of-way or other facility site 
                        that--
                                    ``(I) is owned by an electric 
                                utility; and
                                    ``(II) is located not more than 500 
                                feet from the energy transmission 
                                facility to be constructed or modified 
                                under the applicable certificate of 
                                public convenience and necessity;
                            ``(iv) that abuts the boundary of a 
                        proposed facility site for the energy 
                        transmission facility to be constructed or 
                        modified under the applicable certificate of 
                        public convenience and necessity;
                            ``(v) that is crossed by, or abuts any 
                        boundary of, an existing or proposed right-of-
                        way that--
                                    ``(I) will be used for the energy 
                                transmission facility to be constructed 
                                or modified under the applicable 
                                certificate of public convenience and 
                                necessity; and
                                    ``(II) is located not more than 500 
                                feet from the proposed location of that 
                                energy transmission facility; or
                            ``(vi) on which a residence is located not 
                        more than 500 feet from the boundary of any 
                        right-of-way for that energy transmission 
                        facility.
            ``(2) Alternating current transmission facility.--The term 
        `alternating current transmission facility' means a 
        transmission facility that uses alternating current for the 
        bulk transmission of electric energy.
            ``(3) Energy transmission facility.--The term `energy 
        transmission facility' means, as applicable--
                    ``(A) an alternating current transmission facility; 
                or
                    ``(B) a high-voltage, direct current transmission 
                facility.
            ``(4) Facility site.--The term `facility site' includes--
                    ``(A) a right-of-way;
                    ``(B) an access road;
                    ``(C) a contractor yard; and
                    ``(D) any temporary workspace.
            ``(5) High-voltage, direct current transmission facility.--
        The term `high-voltage, direct current transmission facility' 
        means a transmission facility that uses direct current for the 
        bulk transmission of electric energy.
            ``(6) Tribal land.--The term `Tribal land' has the meaning 
        given the term `Indian land' in section 2601 of the Energy 
        Policy Act of 1992 (25 U.S.C. 3501).
    ``(b) Certificate of Public Convenience and Necessity.--
            ``(1) In general.--On receipt of an application under 
        subsection (c)(1) relating to an energy transmission facility 
        described in paragraph (2), the Commission, after making the 
        finding described in paragraph (3) with respect to that energy 
        transmission facility, shall issue to any person, by 
        publication in the Federal Register, a certificate of public 
        convenience and necessity for the construction, modification, 
        operation, or abandonment of that energy transmission facility, 
        subject to such reasonable terms and conditions as the 
        Commission determines to be appropriate.
            ``(2) Energy transmission facility described.--An energy 
        transmission facility referred to in paragraph (1) is an energy 
        transmission facility that--
                    ``(A) traverses or, on construction or modification 
                in accordance with a certificate of public convenience 
                and necessity issued under that paragraph, will 
                traverse not fewer than 2 States; and
                    ``(B) is not less than 1,000 megawatts or 1,000 
                megavolt-amperes in power capacity.
            ``(3) Finding described.--The finding referred to in 
        paragraph (1) is a finding that--
                    ``(A) the applicant for a certificate of public 
                convenience and necessity is able and willing--
                            ``(i) to carry out the activities and 
                        perform the services proposed in the 
                        application in a manner determined to be 
                        appropriate by the Commission; and
                            ``(ii) to achieve compliance with the 
                        applicable requirements of--
                                    ``(I) this part; and
                                    ``(II) any rules and regulations 
                                promulgated by the Commission pursuant 
                                to this part;
                    ``(B) the energy transmission facility to be 
                constructed, modified, or operated under the 
                certificate of public convenience and necessity will--
                            ``(i) traverse not fewer than 2 States;
                            ``(ii) be used for the transmission of 
                        electric energy in interstate commerce; and
                            ``(iii) have a power capacity of not less 
                        than 1,000 megawatts or 1,000 megavolt-amperes; 
                        and
                    ``(C) operation of the energy transmission facility 
                as proposed in the application--
                            ``(i) will--
                                    ``(I) enable the use of renewable 
                                energy;
                                    ``(II) reduce congestion; or
                                    ``(III) improve the reliability of 
                                the transmission system;
                            ``(ii) will maximize, to the extent 
                        reasonable and economical, the use of--
                                    ``(I) existing facility sites; and
                                    ``(II) the transmission 
                                capabilities of existing energy 
                                transmission facilities; and
                            ``(iii) will, to the extent practicable, 
                        minimize the use of eminent domain.
            ``(4) Rulemaking.--Not later than 270 days after the date 
        of enactment of this section, the Commission shall issue rules 
        specifying--
                    ``(A) a pre-filing process during which a person 
                described in subsection (c)(1) and the Commission shall 
                consult with--
                            ``(i) the appropriate State agencies, State 
                        public utility commissions, and State energy 
                        offices in each State the proposed project 
                        traverses;
                            ``(ii) appropriate Federal agencies; and
                            ``(iii) each Indian Tribe that may be 
                        affected by the proposed project;
                    ``(B) the form of, and information to be contained 
                in, an application submitted under subsection (c)(1);
                    ``(C) requirements for determining whether the 
                applicable energy transmission facility will be 
                constructed or modified--
                            ``(i) to traverse not fewer than 2 States;
                            ``(ii) to be used for the transmission of 
                        electric energy in interstate commerce; and
                            ``(iii) to have a power capacity of not 
                        less than 1,000 megawatts or 1,000 megavolt-
                        amperes;
                    ``(D) criteria for determining the reasonable and 
                economical use of--
                            ``(i) existing rights-of-way; and
                            ``(ii) the transmission capabilities of 
                        existing towers or structures;
                    ``(E) the manner in which an application submitted 
                under subsection (c)(1) and any proposal for the 
                construction or modification of an energy transmission 
                facility shall be considered, which, to the extent 
                practicable, shall be consistent with State statutory 
                and regulatory policies concerning generation and 
                retail sales of electricity in the States in which the 
                electric energy transmitted by the energy transmission 
                facility will be generated or sold; and
                    ``(F) the manner in which the Commission will 
                consider the needs of communities that will be impacted 
                directly by the proposed energy transmission facility, 
                including how any impacts of the proposed energy 
                transmission facility could be mitigated or offset.
            ``(5) Public notice, comment, and opportunity for a hearing 
        on certain draft documents.--
                    ``(A) In general.--The Commission shall provide not 
                less than 90 days for public comment on any initial 
                scoping document or draft environmental impact 
                statement prepared for an energy transmission facility 
                with respect to which an application for a certificate 
                of public convenience and necessity has been submitted 
                under subsection (c)(1).
                    ``(B) Notice and opportunity for hearing.--The 
                Commission shall--
                            ``(i) publish in the Federal Register a 
                        notice of the filing of each draft scoping 
                        document or draft environmental impact 
                        statement described in clause (i); and
                            ``(ii) provide to the individuals and 
                        entities described in paragraph (6)(B) notice 
                        and reasonable opportunity for the presentation 
                        of any views and recommendations with respect 
                        to the initial scoping document or draft 
                        environmental impact statement.
                    ``(C) Tribal consent.--With respect to an Indian 
                Tribe that may be affected by a potential project, the 
                Commission--
                            ``(i) shall provide notice to the 
                        appropriate Tribal officials and an opportunity 
                        of public comment in accordance with 
                        subparagraph (A); and
                            ``(ii) shall not approve a scoping document 
                        or draft environmental impact statement unless 
                        consent has been obtained from the proper 
                        Tribal officials in a manner consistent with 
                        the requirements of section 2 of the Act of 
                        February 5, 1948 (62 Stat. 18, chapter 45; 25 
                        U.S.C. 324).
            ``(6) Notice and opportunity for a hearing on 
        applications.--
                    ``(A) In general.--In any proceeding before the 
                Commission to consider an application for a certificate 
                of public convenience and necessity under this section, 
                the Commission shall--
                            ``(i) publish a notice of the application 
                        in the Federal Register; and
                            ``(ii) provide to the individuals and 
                        entities described in subparagraph (B) a notice 
                        and reasonable opportunity for the presentation 
                        of any views and recommendations with respect 
                        to the need for, and impact of, the 
                        construction or modification of the energy 
                        transmission facility proposed to be 
                        constructed or modified under the certificate.
                    ``(B) Individuals and entities described.--The 
                individuals and entities referred to in subparagraph 
                (A) are--
                            ``(i) an agency, selected by the Governor 
                        (or equivalent official) of the applicable 
                        State, of each State in which the energy 
                        transmission facility proposed to be 
                        constructed or modified under the applicable 
                        certificate of public convenience and necessity 
                        is or will be located;
                            ``(ii) each affected landowner; and
                            ``(iii) as determined by the Commission--
                                    ``(I) each affected Federal agency; 
                                and
                                    ``(II) each Indian Tribe that may 
                                be affected by the proposed 
                                construction or modification.
                    ``(C) Prohibition.--The Commission may not--
                            ``(i) require an applicant for a 
                        certificate of public convenience and necessity 
                        under this section to provide any notice 
                        required under this section; or
                            ``(ii) enter into a contract to provide any 
                        notice required under this section with--
                                    ``(I) the applicant for the 
                                applicable certificate of public 
                                convenience and necessity; or
                                    ``(II) any other person that has a 
                                financial interest in the project 
                                proposed in the application for that 
                                certificate.
    ``(c) Applications.--
            ``(1) In general.--A person desiring a certificate of 
        public convenience and necessity under this section shall 
        submit to the Commission an application at such time, in such 
        manner, and containing such information as the Commission may 
        require.
            ``(2) Requirement.--An application submitted to the 
        Commission under paragraph (1) shall include all information 
        necessary for the Commission to make the finding described in 
        subsection (b)(3).
    ``(d) Notice to Affected Landowners.--
            ``(1) In general.--The Commission shall provide written 
        notice of an application submitted under subsection (c)(1) to 
        all affected landowners in accordance with this subsection.
            ``(2) Requirements.--Any notice provided to an affected 
        landowner under paragraph (1) shall include the following:
                    ``(A) The following statement in 14-point bold 
                typeface:
                ```The [name of applicant] has proposed building power 
                lines that will cross your property, and may also 
                require building transmission towers on your property. 
                If the Federal Energy Regulatory Commission approves 
                [applicant]'s proposed project, then [applicant] may 
                have the right to build transmission towers on, and 
                power lines over, your property, or use your property 
                to construct the proposed project, subject to paying 
                you just compensation for the loss of your property.
                ```If you want to raise objections to this, or 
                otherwise comment on this project, you can do so by 
                submitting written comments to the Federal Energy 
                Regulatory Commission Docket No. [___]. You can do this 
                electronically or by mail. To do so electronically [to 
                be inserted by the Commission]. To do so by mail [to be 
                inserted by the Commission].'.
                    ``(B) A description of the proposed project, 
                including--
                            ``(i) the location of the proposed project 
                        (including a general location map);
                            ``(ii) the purpose of the proposed project; 
                        and
                            ``(iii) the timing of the proposed project.
                    ``(C) The name of, and the location in the docket 
                of the Commission at which may be found, each 
                submission by the applicant to the Commission relating 
                to the proposed project.
                    ``(D) A general description of what the applicant 
                will need from the landowner if the proposed project is 
                approved, including the activities the applicant may 
                undertake and the facilities that the applicant may 
                seek to construct on the property of the landowner.
                    ``(E) A description of how the landowner may 
                contact the applicant, including--
                            ``(i) a website; and
                            ``(ii) a local or toll-free telephone 
                        number and the name of a specific person to 
                        contact who is knowledgeable about the proposed 
                        project.
                    ``(F) A description of how the landowner may 
                contact the Commission, including--
                            ``(i) a website; and
                            ``(ii) a local or toll-free telephone 
                        number and the name of a specific person to 
                        contact who is knowledgeable about the proposed 
                        project.
                    ``(G) A summary of the rights that the landowner 
                has--
                            ``(i) before the Commission; and
                            ``(ii) in other proceedings under--
                                    ``(I) the Federal Rules of Civil 
                                Procedure; and
                                    ``(II) the eminent domain rules of 
                                the relevant State.
                    ``(H) Any other information that the Commission 
                determines to be appropriate.
            ``(3) Obligation of applicant.--An applicant for a 
        certificate of public convenience and necessity under this 
        section shall submit to the Commission, together with the 
        application for the certificate, the name and address of each 
        affected landowner.
    ``(e) Regulatory Jurisdiction.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Commission shall have exclusive jurisdiction over, and no State 
        shall regulate any aspect of, the siting or permitting of an 
        energy transmission facility constructed, modified, or operated 
        under a certificate of public convenience and necessity issued 
        under this section.
            ``(2) Savings clause.--Nothing in this section affects the 
        rights of States under--
                    ``(A) the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    ``(C) the Clean Air Act (42 U.S.C. 7401 et seq.); 
                or
                    ``(D) division A of subtitle III of title 54, 
                United States Code (formerly known as the `National 
                Historic Preservation Act').
    ``(f) Judicial Review.--
            ``(1) In general.--Any person aggrieved by an order issued 
        by the Commission under this section may obtain review of the 
        order in--
                    ``(A) the court of appeals of the United States for 
                any judicial circuit in which the energy transmission 
                facility to be constructed or modified under the 
                applicable certificate of public convenience and 
                necessity is or will be located; or
                    ``(B) the United States Court of Appeals for the 
                District of Columbia Circuit.
            ``(2) Petition for review.--
                    ``(A) In general.--A person may obtain review under 
                paragraph (1) by filing in the applicable court a 
                written petition praying that the order of the 
                Commission be modified or set aside in whole or in 
                part.
                    ``(B) Timing.--A petition under subparagraph (A) 
                shall be filed by not later than 60 days after the date 
                on which the applicable order of the Commission is 
                published in the Federal Register.
            ``(3) Person aggrieved.--Notwithstanding any other 
        provision of this Act, a person aggrieved by an order of the 
        Commission issued under this section need not--
                    ``(A) have been a party to the proceedings before 
                the Commission in which that order was issued in order 
                to obtain judicial review of the order under this 
                subsection; or
                    ``(B) have requested rehearing before the 
                Commission prior to seeking judicial review.
    ``(g) Right of Eminent Domain for Energy Transmission Facilities.--
            ``(1) In general.--The holder of a certificate of public 
        convenience and necessity may acquire through the exercise of 
        the right of eminent domain in a court described in paragraph 
        (2) any right-of-way, land, or other property that is necessary 
        to construct, modify, operate, or maintain an energy 
        transmission facility in accordance with that certificate if 
        the holder--
                    ``(A) cannot acquire the necessary right-of-way, 
                land, or other property by contract;
                    ``(B) is unable to agree with the owner of the 
                right-of-way, land, or other property with respect to 
                the compensation to be paid for that right-of-way, 
                land, or other property; or
                    ``(C) cannot clear defective title with respect to 
                the right-of-way, land, or other property.
            ``(2) Court described.--A court referred to in paragraph 
        (1) is--
                    ``(A) the district court of the United States for 
                the district in which the applicable land or other 
                property is located; or
                    ``(B) the appropriate State court.
            ``(3) Notice of decision to issue certificate.--The holder 
        of a certificate of public convenience and necessity may not 
        exercise the right of eminent domain under this subsection with 
        respect to any property covered by the certificate unless the 
        Commission has first, in addition to publishing the notice of 
        certificate of public convenience and necessity in the Federal 
        Register, provided all affected landowners with notice of--
                    ``(A) the decision of the Commission to grant the 
                certificate; and
                    ``(B) the procedures for obtaining judicial review 
                of that decision under subsection (f), including a 
                description of the time period for seeking judicial 
                review under that subsection.
    ``(h) Condemnation Procedures.--
            ``(1) Appraisals.--
                    ``(A) In general.--A holder of, or applicant for, a 
                certificate of public convenience and necessity shall 
                have any property that the holder or applicant seeks to 
                acquire through the exercise of the right of eminent 
                domain under subsection (g) appraised in accordance 
                with generally accepted appraisal standards by an 
                appraiser selected by the owner of the property, 
                subject to subparagraph (D).
                    ``(B) Requirements.--
                            ``(i) Costs.--The applicable holder of, or 
                        applicant for, a certificate of public 
                        convenience and necessity shall pay for each 
                        appraisal carried out under subparagraph (A).
                            ``(ii) Inspections.--The owner of the 
                        applicable property (or a designated 
                        representative of the owner) shall be given the 
                        opportunity to accompany the appraiser during 
                        any inspection of the property that is part of 
                        an appraisal under subparagraph (A).
                    ``(C) Timing.--An appraisal under subparagraph (A) 
                shall be carried out before the holder of, or applicant 
                for, the certificate of public convenience and 
                necessity--
                            ``(i) makes an offer of just compensation 
                        under paragraph (2); or
                            ``(ii) commences an action or proceeding to 
                        exercise the right of eminent domain under 
                        subsection (g).
                    ``(D) Selection of appraiser.--If the owner of the 
                applicable property does not select an appraiser under 
                subparagraph (A) by the date that is 60 days after the 
                date on which the holder of, or applicant for, the 
                applicable certificate of public convenience and 
                necessity requests that the owner do so, the holder or 
                applicant shall have the right to select the appraiser.
            ``(2) Offers of just compensation.--
                    ``(A) In general.--Any offer of just compensation 
                made to an affected landowner of property that is 
                covered by a certificate of public convenience and 
                necessity--
                            ``(i) shall be made in writing;
                            ``(ii) may not be for an amount less than 
                        the fair market value of the property, as 
                        determined by an appraisal carried out under 
                        paragraph (1); and
                            ``(iii) shall include compensation for--
                                    ``(I) any lost income from the 
                                property; and
                                    ``(II) any damages to any other 
                                property of the owner.
                    ``(B) Timing.--The holder of, or applicant for, a 
                certificate of public convenience and necessity may not 
                make an offer of just compensation to an affected 
                landowner until the date that is 30 days after the date 
                on which the Commission provides a notice to the 
                affected landowner under subsection (g)(3).
            ``(3) Jurisdictional limitations.--
                    ``(A) Minimum jurisdictional amount.--A district 
                court of the United States shall only have jurisdiction 
                of an action or proceeding to exercise the right of 
                eminent domain under subsection (g) if the amount 
                claimed by the owner of the property to be condemned 
                exceeds $3,000.
                    ``(B) State ownership interests.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a district court of the United 
                        States shall have no jurisdiction to condemn 
                        any interest owned by a State.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), a district court of the United States 
                        shall have jurisdiction--
                                    ``(I) to condemn any existing 
                                utility or transportation easement or 
                                right-of-way that--
                                            ``(aa) is on State 
                                        property; or
                                            ``(bb) is on private 
                                        property and is owned by a 
                                        State; and
                                    ``(II) to condemn any real property 
                                conveyed to a State for the purpose of 
                                obstructing the construction, 
                                modification, or operation of an energy 
                                transmission facility in accordance 
                                with a certificate of public 
                                convenience and necessity issued under 
                                this section.
                    ``(C) Tribal land.--A district court of the United 
                States shall have no jurisdiction to condemn any 
                interest in Tribal land.
            ``(4) Limitation on condemnation.--In any action or 
        proceeding to exercise the right of eminent domain under 
        subsection (g), a court--
                    ``(A) may condemn an interest in property only to 
                the extent necessary for the specific facilities 
                described in the applicable certificate of public 
                convenience and necessity; and
                    ``(B) may not--
                            ``(i) condemn any other interest; or
                            ``(ii) condemn an interest for any purpose 
                        not described in that certificate.
            ``(5) Right of possession.--With respect to any action or 
        proceeding to exercise the right of eminent domain under 
        subsection (g), an owner of property covered by the applicable 
        certificate of public convenience and necessity shall not be 
        required to surrender possession of that property unless the 
        holder of the certificate--
                    ``(A) has paid to the owner the award of 
                compensation in the action or proceeding; or
                    ``(B) has deposited the amount of that award with 
                the court.
            ``(6) Litigation costs.--
                    ``(A) In general.--A holder of a certificate of 
                public convenience and necessity that commences an 
                action or proceeding to exercise the right of eminent 
                domain under subsection (g) shall be liable to the 
                owner of any property condemned in that proceeding for 
                the costs described in subparagraph (B) if the amount 
                awarded to that owner for the property condemned is 
                more than 125 percent of the amount offered to the 
                owner by the holder before the commencement of that 
                action or proceeding.
                    ``(B) Costs described.--The costs referred to in 
                subparagraph (A) are litigation costs incurred for the 
                action or proceeding described in that subparagraph by 
                the owner of the property condemned, including--
                            ``(i) reasonable attorney fees; and
                            ``(ii) expert witness fees and costs.
    ``(i) Enforcement of Conditions.--
            ``(1) In general.--An affected landowner the property of 
        which has been acquired by eminent domain under subsection (g) 
        shall have the right--
                    ``(A) to enforce any condition in the applicable 
                certificate of public convenience and necessity; and
                    ``(B) to seek damages for a violation of any 
                condition described in subparagraph (A).
            ``(2) Jurisdiction.--The district courts of the United 
        States shall have jurisdiction over any action arising under 
        paragraph (1).
    ``(j) Other Landowner Rights and Protections.--
            ``(1) Failure to timely complete projects.--
                    ``(A) Surrender of condemned property.--
                            ``(i) In general.--An individual or entity 
                        from which an interest in property is acquired 
                        through the exercise of the right of eminent 
                        domain under subsection (g) by the holder of a 
                        certificate of public convenience and necessity 
                        that is issued for the construction, 
                        modification, or operation of an energy 
                        transmission facility may demand that the 
                        holder of the certificate surrender that 
                        interest to that individual or entity if--
                                    ``(I)(aa) the energy transmission 
                                facility is not in operation (as 
                                modified, in the case of a modification 
                                of an energy transmission facility) by 
                                the date specified in the certificate 
                                (including any modification of the 
                                certificate by the Commission); and
                                    ``(bb) there is no request for the 
                                extension of that date pending before 
                                the Commission; or
                                    ``(II) subject to clause (ii), the 
                                holder of the certificate, with the 
                                approval of the Commission, abandons 
                                the portion of the energy transmission 
                                facility that is located on the 
                                applicable property relating to that 
                                interest.
                            ``(ii) Requirement.--The Commission may not 
                        approve in a certificate of public convenience 
                        and necessity issued under this section or in 
                        any subsequent proceeding the abandonment of 
                        all or any part of an energy transmission 
                        facility unless the Commission requires the 
                        holder of the applicable certificate of public 
                        convenience and necessity to offer to each 
                        individual or entity described in clause (i) 
                        the option of having the property acquired from 
                        that individual or entity as described in that 
                        clause restored to the condition that the 
                        property was in prior to the issuance of the 
                        certificate.
                    ``(B) Repayment of condemnation award.--If an 
                individual or entity described in subparagraph (A)(i) 
                demands the surrender of an interest under that 
                subparagraph, the holder of the applicable certificate 
                of public convenience and necessity shall be entitled 
                to repayment of an amount equal to not more than 50 
                percent of the condemnation award relating to the 
                interest.
                    ``(C) Jurisdiction.--The district courts of the 
                United States shall have jurisdiction over any action 
                arising under this paragraph.
            ``(2) Material misrepresentations.--
                    ``(A) Rescission of transaction.--
                            ``(i) In general.--An affected landowner 
                        that proves, by a preponderance of the 
                        evidence, that the affected landowner has 
                        granted a right-of-way or any other interest 
                        based on a material misrepresentation made by 
                        or on behalf of an applicant for, or holder of, 
                        a certificate of public convenience and 
                        necessity under this section shall have the 
                        right to rescind the transaction.
                            ``(ii) Jurisdiction.--The district courts 
                        of the United States shall have jurisdiction 
                        over any action arising under clause (i).
                    ``(B) Civil penalties.--
                            ``(i) In general.--If an applicant for, or 
                        holder of, a certificate of public convenience 
                        and necessity makes a material 
                        misrepresentation, or if a material 
                        misrepresentation is made on behalf of such an 
                        applicant or holder, to an affected landowner 
                        concerning the energy transmission facility to 
                        be constructed or modified under the 
                        certificate, the applicant or holder shall be 
                        subject to a civil penalty, to be assessed by 
                        the Commission, in an amount not to exceed 
                        $10,000 per affected landowner to which the 
                        misrepresentation was made.
                            ``(ii) Procedure.--The penalty described in 
                        clause (i) shall be assessed by the Commission 
                        after providing notice and an opportunity for a 
                        public hearing.
                            ``(iii) Requirement.--In determining the 
                        amount of a penalty under clause (i), the 
                        Commission shall take into consideration the 
                        nature and seriousness of the violation.''.
                                 <all>