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‘‘(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; 
‘‘(IV) the natural and physical 
aspects of the location; 
‘‘(V) the medical, law enforce-
ment, and fire prevention capabilities
119
near the location that can respond at 
the facility; and 
‘‘(VI) the feasibility of remote 
siting. 
‘‘(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—
‘‘(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
120
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-
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
121
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. 
‘‘(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.’’.
122
(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, 
expansion, or operation of a liquefaction or gas-
ification natural gas terminal; 
‘‘(B) alleging unreasonable delay, in meet-
ing a schedule established under section 
3(d)(2)(C) or otherwise, by any Federal or 
State administrative agency in entering an 
order or taking other action described in sub-
paragraph (A); or 
‘‘(C) challenging any decision made or ac-
tion taken by the Commission under section 
3(d).
123
‘‘(2) COMMISSION ACTION.—For any action de-
scribed in this subsection, the Commission shall file 
with the Court the consolidated record maintained 
under section 3(d)(2)(D). 
‘‘(3) COURT ACTION.—If the Court finds under 
paragraph (1)(A) or (B) that an order, action, fail-
ure to act, or delay is inconsistent with applicable 
Federal law, and would prevent the construction, ex-
pansion, or operation of a liquefaction or gasification 
natural gas terminal, the order or action shall be 
deemed to have been issued or taken, subject to any 
conditions established by the Federal or State ad-
ministrative agency upon remand from the Court, 
such conditions to be 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 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
124
‘‘(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’—
‘‘(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.’’.