S.Amdt. 3060

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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