H. R. 6—95
safety inspections in conformance with Federal regulations and 
guidelines with respect to the LNG terminal upon written notice 
to the Commission. The State commission may notify the Commis-
sion of any alleged safety violations. The Commission shall transmit 
information regarding such allegations to the appropriate Federal 
agency, which shall take appropriate action and notify the State 
commission. 
‘‘(e)(1) In any order authorizing an LNG terminal the Commis-
sion shall require the LNG terminal operator to develop an Emer-
gency Response Plan. The Emergency Response Plan shall be pre-
pared in consultation with the United States Coast Guard and 
State and local agencies and be approved by the Commission prior 
to any final approval to begin construction. The Plan shall include 
a cost-sharing plan. 
‘‘(2) A cost-sharing plan developed under paragraph (1) shall 
include a description of any direct cost reimbursements that the 
applicant agrees to provide to any State and local agencies with 
responsibility for security and safety— 
‘‘(A) at the LNG terminal; and 
‘‘(B) in proximity to vessels that serve the facility.’’. 
SEC. 312. NEW NATURAL GAS STORAGE FACILITIES. 
Section 4 of the Natural Gas Act (15 U.S.C. 717c) is amended 
by adding at the end the following: 
‘‘(f)(1) In exercising its authority under this Act or the Natural 
Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.), the Commission 
may authorize a natural gas company (or any person that will 
be a natural gas company on completion of any proposed construc-
tion) to provide storage and storage-related services at market-
based rates for new storage capacity related to a specific facility 
placed in service after the date of enactment of the Energy Policy 
Act of 2005, notwithstanding the fact that the company is unable 
to demonstrate that the company lacks market power, if the 
Commission determines that— 
‘‘(A) market-based rates are in the public interest and 
necessary to encourage the construction of the storage capacity 
in the area needing storage services; and 
‘‘(B) customers are adequately protected. 
‘‘(2) The Commission shall ensure that reasonable terms and 
conditions are in place to protect consumers. 
‘‘(3) If the Commission authorizes a natural gas company to 
charge market-based rates under this subsection, the Commission 
shall review periodically whether the market-based rate is just, 
reasonable, and not unduly discriminatory or preferential.’’. 
SEC. 313. PROCESS COORDINATION; HEARINGS; RULES OF PROCE-
DURE. 
(a) IN GENERAL.—Section 15 of the Natural Gas Act (15 U.S.C. 
717n) is amended— 
(1) by striking the section heading and inserting ‘‘PROCESS 
COORDINATION; HEARINGS; RULES OF PROCEDURE’’; 
(2) by redesignating subsections (a) and (b) as subsections 
(e) and (f), respectively; and 
(3) by striking ‘‘SEC. 15.’’ and inserting the following: 
‘‘SEC. 15.(a) In this section, the term ‘Federal authorization’— 
‘‘(1) means any authorization required under Federal law 
with respect to an application for authorization under section
H. R. 6—96
3 or a certificate of public convenience and necessity under 
section 7; and 
‘‘(2) includes any permits, special use authorizations, certifi-
cations, opinions, or other approvals as may be required under 
Federal law with respect to an application for authorization 
under section 3 or a certificate of public convenience and neces-
sity under section 7. 
‘‘(b) DESIGNATION AS LEAD AGENCY.— 
‘‘(1) IN GENERAL.—The Commission shall act as the lead 
agency for the purposes of coordinating all applicable Federal 
authorizations and for the purposes of complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
‘‘(2) OTHER AGENCIES.—Each Federal and State agency con-
sidering an aspect of an application for Federal authorization 
shall cooperate with the Commission and comply with the dead-
lines established by the Commission. 
‘‘(c) SCHEDULE.— 
‘‘(1) COMMISSION
AUTHORITY
TO
SET
SCHEDULE.—The 
Commission shall establish a schedule for all Federal authoriza-
tions. In establishing the schedule, the Commission shall— 
‘‘(A) ensure expeditious completion of all such pro-
ceedings; and 
‘‘(B) comply with applicable schedules established by 
Federal law. 
‘‘(2) FAILURE TO MEET SCHEDULE.—If a Federal or State 
administrative agency does not complete a proceeding for an 
approval that is required for a Federal authorization in accord-
ance with the schedule established by the Commission, the 
applicant may pursue remedies under section 19(d). 
‘‘(d) CONSOLIDATED RECORD.—The Commission shall, with the 
cooperation of Federal and State administrative agencies and offi-
cials, maintain a complete consolidated record of all decisions made 
or actions taken by the Commission or by a Federal administrative 
agency or officer (or State administrative agency or officer acting 
under delegated Federal authority) with respect to any Federal 
authorization. Such record shall be the record for— 
‘‘(1) appeals or reviews under the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.), provided that the 
record may be supplemented as expressly provided pursuant 
to section 319 of that Act; or 
‘‘(2) judicial review under section 19(d) of decisions made 
or actions taken of Federal and State administrative agencies 
and officials, provided that, if the Court determines that the 
record does not contain sufficient information, the Court may 
remand the proceeding to the Commission for further develop-
ment of the consolidated record.’’. 
(b) 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 circuit in which a facility subject to section 3 or section 
7 is proposed to be constructed, expanded, or operated shall 
have original and exclusive jurisdiction over any civil action 
for the review of an order or action of a Federal agency (other 
than the Commission) or State administrative agency acting 
pursuant to Federal law to issue, condition, or deny any permit,
H. R. 6—97
license, concurrence, or approval (hereinafter collectively 
referred to as ‘permit’) required under Federal law, other than 
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.). 
‘‘(2) AGENCY DELAY.—The United States Court of Appeals 
for the District of Columbia shall have original and exclusive 
jurisdiction over any civil action for the review of an alleged 
failure to act by a Federal agency (other than the Commission) 
or State administrative agency acting pursuant to Federal law 
to issue, condition, or deny any permit required under Federal 
law, other than the Coastal Zone Management Act of 1972 
(16 U.S.C. 1451 et seq.), for a facility subject to section 3 
or section 7. The failure of an agency to take action on a 
permit required under Federal law, other than the Coastal 
Zone Management Act of 1972, in accordance with the Commis-
sion schedule established pursuant to section 15(c) shall be 
considered inconsistent with Federal law for the purposes of 
paragraph (3). 
‘‘(3) COURT ACTION.—If the Court finds that such order 
or action is inconsistent with the Federal law governing such 
permit and would prevent the construction, expansion, or oper-
ation of the facility subject to section 3 or section 7, the Court 
shall remand the proceeding to the agency to take appropriate 
action consistent with the order of the Court. If the Court 
remands the order or action to the Federal or State agency, 
the Court shall set a reasonable schedule and deadline for 
the agency to act on remand. 
‘‘(4) COMMISSION ACTION.—For any action described in this 
subsection, the Commission shall file with the Court the consoli-
dated record of such order or action to which the appeal here-
under relates. 
‘‘(5) EXPEDITED REVIEW.—The Court shall set any action 
brought under this subsection for expedited consideration.’’. 
SEC. 314. PENALTIES. 
(a) CRIMINAL PENALTIES.— 
(1) NATURAL GAS ACT.—Section 21 of the Natural Gas Act 
(15 U.S.C. 717t) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’; 
and 
(ii) by striking ‘‘two years’’ and inserting ‘‘5 years’’; 
and 
(B) in subsection (b), by striking ‘‘$500’’ and inserting 
‘‘$50,000’’. 
(2) NATURAL GAS POLICY ACT OF 1978.—Section 504(c) of 
the Natural Gas Policy Act of 1978 (15 U.S.C. 3414(c)) is 
amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘$5,000’’ and 
inserting ‘‘$1,000,000’’; and 
(ii) in subparagraph (B), by striking ‘‘two years’’ 
and inserting ‘‘5 years’’; and 
(B) in paragraph (2), by striking ‘‘$500 for each viola-
tion’’ and inserting ‘‘$50,000 for each day on which the 
offense occurs’’. 
(b) CIVIL PENALTIES.—