128
‘‘(I) the State commission pro-
vides written notice to the Commis-
sion of its intention to do so; and 
‘‘(II) the inspections will be car-
ried out in conformance with Federal 
regulations and guidelines. 
Enforcement of any safety violation discov-
ered by a State commission pursuant to 
this clause shall be carried out by Federal 
officials. The Commission shall take appro-
priate action in response to a report of a 
violation not later that 90 days after re-
ceiving such report. 
‘‘(iii) STATE AND LOCAL SAFETY CON-
SIDERATIONS.—For the purposes of this 
subparagraph, State and local safety con-
siderations include—
‘‘(I) the kind and use of the facil-
ity; 
‘‘(II) the existing and projected 
population and demographic charac-
teristics of the location; 
‘‘(III) the existing and proposed 
land use near the location;
129
‘‘(IV) the natural and physical 
aspects of the location; 
‘‘(V) the medical, law enforce-
ment, and fire prevention capabilities 
near the location that can respond at 
the facility; and 
‘‘(VI) the feasibility of remote 
siting. 
‘‘(F) LIMITATION.—Subparagraph (C)(ii) 
shall not apply to any approval required to pro-
tect navigation, maritime safety, or maritime 
security. 
‘‘(3) ISSUANCE OF COMMISSION ORDER.—
‘‘(A) IN GENERAL.—The Commission shall 
issue an order authorizing, in whole or in part, 
the construction, expansion, or operation cov-
ered by the application to any qualified appli-
cant—
‘‘(i) unless the Commission finds such 
actions or operations will not be consistent 
with the public interest; and 
‘‘(ii) if the Commission has found that 
the applicant is—
130
‘‘(I) able and willing to carry out 
the actions and operations proposed; 
and 
‘‘(II) willing to conform to the 
provisions of this Act and any require-
ments, rules, and regulations of the 
Commission set forth under this Act. 
‘‘(B) TERMS AND CONDITIONS.—The Com-
mission may by its order grant an application, 
in whole or in part, with such modification and 
upon such terms and conditions as the Commis-
sion may find necessary or appropriate. 
‘‘(C) LIMITATIONS ON TERMS AND CONDI-
TIONS TO COMMISSION ORDER.—
‘‘(i) IN GENERAL.—Any Commission 
order issued pursuant to this subsection 
before January 1, 2011, shall not be condi-
tioned on—
‘‘(I) a requirement that the lique-
faction or gasification natural gas ter-
minal offer service to persons other 
than the person, or any affiliate there-
of, securing the order; or 
‘‘(II) any regulation of the lique-
faction or gasification natural gas ter-
131
minal’s rates, charges, terms, or con-
ditions of service. 
‘‘(ii) INAPPLICABLE
TO
TERMINAL 
EXIT PIPELINE.—Clause (i) shall not apply 
to any pipeline subject to the jurisdiction 
of the Commission under section 7 exiting 
a liquefaction or gasification natural gas 
terminal. 
‘‘(iii) EXPANSION
OF
REGULATED 
TERMINAL.—An order issued under this 
paragraph that relates to an expansion of 
an existing liquefaction or gasification nat-
ural gas terminal, where any portion of the 
existing terminal continues to be subject to 
Commission regulation of rates, charges, 
terms, or conditions of service, may not re-
sult in—
‘‘(I) subsidization of the expan-
sion by regulated terminal users; 
‘‘(II) degradation of service to 
the regulated terminal users; or 
‘‘(III) 
undue 
discrimination 
against the regulated terminal users.
132
‘‘(iv) 
EXPIRATION.—This 
subpara-
graph shall cease to have effect on Janu-
ary 1, 2021. 
‘‘(4) DEFINITION.—For the purposes of this 
subsection, the term ‘Federal authorization’ means 
any authorization required under Federal law in 
order to construct, expand, or operate a liquefaction 
or gasification natural gas terminal, including such 
permits, special use authorizations, certifications, 
opinions, or other approvals as may be required, 
whether issued by a Federal or State agency.’’. 
(d) JUDICIAL REVIEW.—Section 19 of the Natural 
Gas Act (15 U.S.C. 717r) is amended by adding at the 
end the following: 
‘‘(d) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—The United States Court of 
Appeals for the District of Columbia Circuit shall 
have original and exclusive jurisdiction over any civil 
action—
‘‘(A) for review of any order, action, or 
failure to act of any Federal or State adminis-
trative agency to issue, condition, or deny any 
permit, license, concurrence, or approval re-
quired under Federal law for the construction,