U.S. Representative Tracey Mann (KS-01) and U.S. Senators Jerry Moran (R-KS) and Roger Marshall, M.D. (R-KS) introduced legislation to prevent the federal government from using taxpayer dollars to seize private property to be used for a proposed National Interest Electric Transmission Corridor (NIETC).

The U.S. Department of Energy (DOE) recently announced a NIETC proposal to consider transmission line across major segments of Kansas. Through the implementation of the Biden-Harris Administration’s Infrastructure Investment and Jobs Act, the Federal Energy Regulatory Commission (FERC) would have increased authority to site electric transmission lines on lands designated a NIETC – even when state regulators have denied an application.

“I am vehemently opposed to any effort by the federal government to seize private land,” said Rep. Mann. “The Department of Energy’s phase 2 announcement of the NIETC proposal was grossly under publicized, overly vague, and left landowners with no clarity regarding whether their lands would be impacted. We have heard Kansans loud and clear—they are not interested in the federal government grabbing their land. We introduced this legislation to protect the rights of Kansas landowners and prevent the federal government from treading on their liberties. Any land given to the federal government for this project should be voluntary, not mandated, and I will never stop fighting to defend that right.”

“Kansans have made it clear to the federal government that their land is not for sale,” said Sen. Moran. “The NIETC proposal has been problematic from the start since the DOE permitted only 45 days for folks to submit their comments regarding the proposed transmission line. Sen. Marshall, Congressman Mann and I introduced legislation, the passage of which would prohibit the Department of Energy from trampling on the rights of Kansas landowners or usurping the authority of state regulators in order to build a transmission line across Kansas. These decisions should be left up to Kansans, not Washington.”

“Bureaucrats in Washington, D.C. should not have the unchecked authority to approve projects that could strip Kansans of their property rights,” said Sen. Marshall. “It’s as simple as this: decisions affecting local lands should always rest with the states.”

“Kansas Farm Bureau appreciates the leadership of Sens. Jerry Moran and Roger Marshall and Rep. Tracey Mann in introducing legislation to level the playing field and encourage good faith negotiations for the siting and building of electric transmission lines,” said Joe Newland, president of Kansas Farm Bureau. “Additionally, this bill recognizes the important voice state regulators have in the process. While our policy supports reliable, low-cost electricity, and increasing transmission capacity to keep pace with growing demand, without vital protections included in this legislation, landowners will continue to face unilateral ultimatums from transmission developers who are using taxpayer dollars to build infrastructure.”

This legislation would:

• Ban federal funds from being used to condemn private property to be used in a NIETC designation, and
• Prohibit FERC from using its authority to overrule a state regulator’s rejection of an electric transmission project.

Rep. Mann, Senator Moran, and Senator Marshall secured an agreement from DOE to continue accepting comments regarding the NIETC proposal in Kansas. If a Kansan would like to offer comments on the proposed transmission line to the Department of Energy, they can email their comments to [email protected]