[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Page S360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3060. Mr. BOOZMAN (for himself, Mr. Cotton, Mr. Blunt, and Mr. 
Alexander) submitted an amendment intended to be proposed to amendment 
SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23___. PROHIBITION ON EMINENT DOMAIN FOR CERTAIN 
                   PROJECTS.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is amended--
       (1) by redesignating subsections (d) through (g) as 
     subsections (f) through (i), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Prohibition on Eminent Domain.--Notwithstanding any 
     other provision of law (including regulations), the 
     Secretary, SWPA, and WAPA may not carry out any Project under 
     this section through the use of eminent domain, unless the 
     use of eminent domain is explicitly authorized by--
       ``(1) the Governor and the head of each applicable public 
     utility commission, public service commission, or other 
     equivalent State agency exercising jurisdiction over electric 
     transmission lines of the affected State; and
       ``(2) the head of the governing body of each Indian tribe 
     the land of which would be affected.
       ``(e) Siting Requirement.--To the maximum extent 
     practicable, a Project carried out under this section shall 
     be sited on--
       ``(1) an existing Federal right-of-way; or
       ``(2) Federal land managed by--
       ``(A) the Bureau of Land Management;
       ``(B) the Forest Service;
       ``(C) the Bureau of Reclamation; or
       ``(D) the Corps of Engineers.''.
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