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the Court. If the Court remands the order or action 
to the Federal or State agency, the Court shall set 
a reasonable deadline for the agency to act on re-
mand. 
‘‘(4) UNREASONABLE
DELAY.—For the pur-
poses of paragraph (1)(B), the failure of an agency 
to issue a permit, license, concurrence, or approval 
within the later of—
‘‘(A) 1 year after the date of filing of an 
application for the permit, license, concurrence, 
or approval; or 
‘‘(B) 60 days after the date of issuance of 
the order under section 3(d), 
shall be considered unreasonable delay unless the 
Court, for good cause shown, determines otherwise. 
‘‘(5) EXPEDITED REVIEW.—The Court shall set 
any action brought under this subsection for expe-
dited consideration.’’. 
SEC. 327. HYDRAULIC FRACTURING. 
Paragraph (1) of section 1421(d) of the Safe Drink-
ing Water Act (42 U.S.C. 300h(d)) is amended to read 
as follows: 
‘‘(1) UNDERGROUND
INJECTION.—The term 
‘underground injection’—
135
‘‘(A) means the subsurface emplacement of 
fluids by well injection; and 
‘‘(B) excludes—
‘‘(i) the underground injection of nat-
ural gas for purposes of storage; and 
‘‘(ii) the underground injection of 
fluids or propping agents pursuant to hy-
draulic fracturing operations related to oil 
or gas production activities.’’. 
SEC. 328. OIL AND GAS EXPLORATION AND PRODUCTION 
DEFINED. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(24) OIL AND GAS EXPLORATION AND PRO-
DUCTION.—The term ‘oil and gas exploration, pro-
duction, processing, or treatment operations or 
transmission facilities’ means all field activities or 
operations associated with exploration, production, 
processing, or treatment operations, or transmission 
facilities, including activities necessary to prepare a 
site for drilling and for the movement and placement 
of drilling equipment, whether or not such field ac-
tivities or operations may be considered to be con-
struction activities.’’.
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SEC. 329. OUTER CONTINENTAL SHELF PROVISIONS. 
(a) STORAGE
ON
THE
OUTER
CONTINENTAL 
SHELF.—Section 5(a)(5) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1334(a)(5)) is amended by insert-
ing ‘‘from any source’’ after ‘‘oil and gas’’. 
(b) DEEPWATER PROJECTS.—Section 6 of the Deep-
water Port Act of 1974 (33 U.S.C. 1505) is amended by 
adding at the end the following: 
‘‘(d) RELIANCE ON ACTIVITIES OF OTHER AGEN-
CIES.—In fulfilling the requirements of section 5(f)—
‘‘(1) to the extent that other Federal agencies 
have prepared environmental impact statements, are 
conducting studies, or are monitoring the affected 
human, marine, or coastal environment, the Sec-
retary may use the information derived from those 
activities in lieu of directly conducting such activi-
ties; and 
‘‘(2) the Secretary may use information ob-
tained from any State or local government or from 
any person.’’. 
(c) NATURAL GAS DEFINED.—Section 3(13) of the 
Deepwater Port Act of 1974 (33 U.S.C. 1502(13)) is 
amended to read as follows: 
‘‘(13) natural gas means—
‘‘(A) natural gas unmixed; or
137
‘‘(B) any mixture of natural or artificial 
gas, including compressed or liquefied natural 
gas, natural gas liquids, liquefied petroleum 
gas, and condensate recovered from natural 
gas;’’. 
SEC. 330. APPEALS RELATING TO PIPELINE CONSTRUC-
TION OR OFFSHORE MINERAL DEVELOP-
MENT PROJECTS. 
(a) AGENCY OF RECORD, PIPELINE CONSTRUCTION 
PROJECTS.—Any Federal administrative agency pro-
ceeding that is an appeal or review under section 319 of 
the Coastal Zone Management Act of 1972 (16 U.S.C. 
1465), as amended by this Act, related to Federal author-
ity for an interstate natural gas pipeline construction 
project, including construction of natural gas storage and 
liquefied natural gas facilities, shall use as its exclusive 
record for all purposes the record compiled by the Federal 
Energy Regulatory Commission pursuant to the Commis-
sion’s proceeding under sections 3 and 7 of the Natural 
Gas Act (15 U.S.C. 717b, 717f). 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that all Federal and State agencies with jurisdiction 
over interstate natural gas pipeline construction activities 
should coordinate their proceedings within the timeframes 
established by the Federal Energy Regulatory Commission