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operation of a liquefaction or gasification nat-
ural gas terminal. Such record shall be the ex-
clusive record for any Federal administrative 
proceeding that is an appeal or review of any 
such decision made or action taken. 
‘‘(E) STATE AND LOCAL SAFETY CONSID-
ERATIONS.— 
‘‘(i) IN GENERAL.—The Commission 
shall consult with the State commission of 
the State in which the liquefaction or gas-
ification natural gas terminal is located re-
garding State and local safety consider-
ations prior to issuing an order pursuant 
to this subsection and consistent with the 
schedule established under subparagraph 
(C). 
‘‘(ii) STATE SAFETY INSPECTIONS.— 
The State commission of the State in 
which a liquefaction or gasification natural 
gas terminal is located may, after the ter-
minal is operational, conduct safety inspec-
tions with respect to the liquefaction or 
gasification natural gas terminal if—
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‘‘(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;
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‘‘(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—
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‘‘(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-
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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.
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‘‘(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,
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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). 
‘‘(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
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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’—
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‘‘(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
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‘‘(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
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when the Commission is acting under sections 3 and 7 
of the Natural Gas Act (15 U.S.C. 717b, 717f) to deter-
mine whether a certificate of public convenience and neces-
sity should be issued for a proposed interstate natural gas 
pipeline. 
(c) AGENCY OF RECORD, OFFSHORE MINERAL DE-
VELOPMENT
PROJECTS.—Any Federal administrative 
agency proceeding that is an appeal or review under sec-
tion 319 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1465), as amended by this Act, related to Fed-
eral authority for the permitting, approval, or other au-
thorization of energy projects, including projects to ex-
plore, develop, or produce mineral resources in or under-
lying the outer Continental Shelf shall use as its exclusive 
record for all purposes (except for the filing of pleadings) 
the record compiled by the relevant Federal permitting 
agency. 
SEC. 332. NATURAL GAS MARKET REFORM. 
(a) CLARIFICATION OF EXISTING CFTC AUTHOR-
ITY.— 
(1) FALSE REPORTING.—Section 9(a)(2) of the 
Commodity Exchange Act (7 U.S.C. 13(a)(2)) is 
amended by striking ‘‘false or misleading or know-
ingly inaccurate reports’’ and inserting ‘‘knowingly
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false or knowingly misleading or knowingly inac-
curate reports’’. 
(2) COMMISSION
ADMINISTRATIVE
AND
CIVIL 
AUTHORITY.—Section 9 of the Commodity Exchange 
Act (7 U.S.C. 13) is amended by redesignating sub-
section (f) as subsection (e), and adding: 
‘‘(f) COMMISSION ADMINISTRATIVE AND CIVIL AU-
THORITY.—The Commission may bring administrative or 
civil actions as provided in this Act against any person 
for a violation of any provision of this section including, 
but not limited to, false reporting under subsection 
(a)(2).’’. 
(3) EFFECT
OF
AMENDMENTS.—The amend-
ments made by paragraphs (1) and (2) restate, with-
out substantive change, existing burden of proof pro-
visions and existing Commission civil enforcement 
authority, respectively. These clarifying changes do 
not alter any existing burden of proof or grant any 
new statutory authority. The provisions of this sec-
tion, as restated herein, continue to apply to any ac-
tion pending on or commenced after the date of en-
actment of this Act for any act, omission, or viola-
tion occurring before, on, or after, such date of en-
actment.