H.R. 9603, the Protecting Our Farmers from the Green New Deal Act repeals provisions from the Infrastructure Investment and Jobs Act (IIJA) signed into law by President Biden that allow the Federal Energy Regulatory Commission (FERC) to override state permitting decisions and approve eminent domain for electric transmission lines.
Repeal federal provisions that allow FERC to override state permitting decisions and approve eminent domain for electric transmission lines.
Occurrences
Evidence
Current 16 U.S.C. 824p still authorizes FERC permits for electric transmission facilities in national interest corridors when a state lacks authority, fails to act, conditions approval, or denies an application; subsection (e) still allows right-of-way acquisition through eminent domain after a FERC permit.
The current eCFR lists FERC Part 50 regulations for applications to site interstate electric transmission facilities, with authority cited as 16 U.S.C. 824p, and states the rules provide for review of permit requests under section 216 of the Federal Power Act.
Section 40105 amended Federal Power Act section 216 to allow FERC jurisdiction where a state has not acted within one year, conditioned approval, or denied a siting application, and amended the rights-of-way language rather than repealing it.
The House passed H.R. 3684, the bill later enacted as the Infrastructure Investment and Jobs Act, 228-206. The roll call lists Graves (MO), Republican, Missouri, as voting Nay.
Section 1221 added Federal Power Act section 216, authorizing FERC permits for interstate electric transmission facilities in national interest corridors and allowing permit holders to acquire rights-of-way by eminent domain when voluntary acquisition fails.
The House agreed to the Energy Policy Act of 2005 conference report, 275-156. The roll call lists Graves, Republican, Missouri, as voting Yea.
Assessments
The promised repeal was not fulfilled. Current 16 U.S.C. 824p and FERC Part 50 still preserve federal backstop siting authority and eminent-domain rights for interstate electric transmission facilities, and the 2021 Infrastructure Investment and Jobs Act amended rather than repealed those provisions. Graves voted against the 2021 bill that expanded the authority, but the record provided does not show that he sponsored or materially advanced a repeal measure; a no vote alone is insufficient for full delivery or a serious failed repeal attempt. He also voted for the 2005 law that created the targeted provisions.