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(1) by inserting after the items relating to part C of title 
I the following:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE 
‘‘Sec. 181. Establishment. 
‘‘Sec. 182. Authority. 
‘‘Sec. 183. Conditions for release; plan. 
‘‘Sec. 184. Northeast Home Heating Oil Reserve Account. 
‘‘Sec. 185. Exemptions.’’;
(2) by amending the items relating to part C of title II 
to read as follows:
‘‘PART C—SUMMER FILL AND FUEL BUDGETING PROGRAMS 
‘‘Sec. 273. Summer fill and fuel budgeting programs.’’;
and 
(3) by striking the items relating to part D of title II. 
(d) AMENDMENT TO THE ENERGY POLICY AND CONSERVATION 
ACT.—Section 183(b)(1) of the Energy Policy and Conservation Act 
(42 U.S.C. 6250b(b)(1)) is amended by striking ‘‘by more’’ and all 
that follows through ‘‘mid-October through March’’ and inserting 
‘‘by more than 60 percent over its 5-year rolling average for the 
months of mid-October through March (considered as a heating 
season average)’’. 
(e) FILL STRATEGIC PETROLEUM RESERVE TO CAPACITY.— 
(1) IN GENERAL.—The Secretary shall, as expeditiously as 
practicable, without incurring excessive cost or appreciably 
affecting the price of petroleum products to consumers, acquire 
petroleum in quantities sufficient to fill the Strategic Petroleum 
Reserve to the 1,000,000,000-barrel capacity authorized under 
section 154(a) of the Energy Policy and Conservation Act (42 
U.S.C. 6234(a)), in accordance with the sections 159 and 160 
of that Act (42 U.S.C. 6239, 6240). 
(2) PROCEDURES.— 
(A) AMENDMENT.—Section 160 of the Energy Policy 
and Conservation Act (42 U.S.C. 6240) is amended by 
inserting after subsection (b) the following new subsection: 
‘‘(c) PROCEDURES.—The Secretary shall develop, with public 
notice and opportunity for comment, procedures consistent with 
the objectives of this section to acquire petroleum for the Reserve. 
Such procedures shall take into account the need to— 
‘‘(1) maximize overall domestic supply of crude oil 
(including quantities stored in private sector inventories); 
‘‘(2) avoid incurring excessive cost or appreciably affecting 
the price of petroleum products to consumers; 
‘‘(3) minimize the costs to the Department of the Interior 
and the Department of Energy in acquiring such petroleum 
products (including foregone revenues to the Treasury when 
petroleum products for the Reserve are obtained through the 
royalty-in-kind program); 
‘‘(4) protect national security; 
‘‘(5) avoid adversely affecting current and futures prices, 
supplies, and inventories of oil; and 
‘‘(6) address other factors that the Secretary determines 
to be appropriate.’’. 
(B) REVIEW OF REQUESTS FOR DEFERRALS OF SCHED-
ULED DELIVERIES.—The procedures developed under section 
160(c) of the Energy Policy and Conservation Act, as added 
by subparagraph (A), shall include procedures and criteria
H. R. 6—92
for the review of requests for the deferrals of scheduled 
deliveries. 
(C) DEADLINES.—The Secretary shall— 
(i) propose the procedures required under the 
amendment made by subparagraph (A) not later than 
120 days after the date of enactment of this Act; 
(ii) promulgate the procedures not later than 180 
days after the date of enactment of this Act; and 
(iii) comply with the procedures in acquiring petro-
leum for the Reserve effective beginning on the date 
that is 180 days after the date of enactment of this 
Act. 
SEC. 302. NATIONAL OILHEAT RESEARCH ALLIANCE. 
Section 713 of the Energy Act of 2000 (Public Law 106–469; 
42 U.S.C. 6201 note) is amended by striking ‘‘4’’ and inserting 
‘‘9’’. 
SEC. 303. SITE SELECTION. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a proceeding to select, from sites 
that the Secretary has previously studied, sites necessary to enable 
acquisition by the Secretary of the full authorized volume of the 
Strategic Petroleum Reserve. In such proceeding, the Secretary 
shall first consider and give preference to the five sites which 
the Secretary previously assessed in the Draft Environmental 
Impact Statement, DOE/EIS–0165–D. However, the Secretary in 
his discretion may select other sites as proposed by a State where 
a site has been previously studied by the Secretary to meet the 
full authorized volume of the Strategic Petroleum Reserve. 
Subtitle B—Natural Gas 
SEC. 311. EXPORTATION OR IMPORTATION OF NATURAL GAS. 
(a) SCOPE OF NATURAL GAS ACT.—Section 1(b) of the Natural 
Gas Act (15 U.S.C. 717(b)) is amended by inserting ‘‘and to the 
importation or exportation of natural gas in foreign commerce and 
to persons engaged in such importation or exportation,’’ after ‘‘such 
transportation or sale,’’. 
(b) DEFINITION.—Section 2 of the Natural Gas Act (15 U.S.C. 
717a) is amended by adding at the end the following new paragraph: 
‘‘(11) ‘LNG terminal’ includes all natural gas facilities 
located onshore or in State waters that are used to receive, 
unload, load, store, transport, gasify, liquefy, or process natural 
gas that is imported to the United States from a foreign country, 
exported to a foreign country from the United States, or trans-
ported in interstate commerce by waterborne vessel, but does 
not include— 
‘‘(A) waterborne vessels used to deliver natural gas 
to or from any such facility; or 
‘‘(B) any pipeline or storage facility subject to the juris-
diction of the Commission under section 7.’’. 
(c) AUTHORIZATION FOR SITING, CONSTRUCTION, EXPANSION, OR 
OPERATION OF LNG TERMINALS.—(1) The title for section 3 of the 
Natural Gas Act (15 U.S.C. 717b) is amended by inserting ‘‘; LNG 
TERMINALS’’ after ‘‘EXPORTATION OR IMPORTATION OF NATURAL GAS’’.
H. R. 6—93
(2) Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
amended by adding at the end the following: 
‘‘(d) Except as specifically provided in this Act, nothing in 
this Act affects the rights of States under— 
‘‘(1) the Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.); 
‘‘(2) the Clean Air Act (42 U.S.C. 7401 et seq.); or 
‘‘(3) the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.). 
‘‘(e)(1) The Commission shall have the exclusive authority to 
approve or deny an application for the siting, construction, expan-
sion, or operation of an LNG terminal. Except as specifically pro-
vided in this Act, nothing in this Act is intended to affect otherwise 
applicable law related to any Federal agency’s authorities or respon-
sibilities related to LNG terminals. 
‘‘(2) Upon the filing of any application to site, construct, expand, 
or operate an LNG terminal, the Commission shall— 
‘‘(A) set the matter for hearing; 
‘‘(B) give reasonable notice of the hearing to all interested 
persons, including the State commission of the State in which 
the LNG terminal is located and, if not the same, the Governor-
appointed State agency described in section 3A; 
‘‘(C) decide the matter in accordance with this subsection; 
and 
‘‘(D) issue or deny the appropriate order accordingly. 
‘‘(3)(A) Except as provided in subparagraph (B), the Commission 
may approve an application described in paragraph (2), in whole 
or part, with such modifications and upon such terms and conditions 
as the Commission find necessary or appropriate. 
‘‘(B) Before January 1, 2015, the Commission shall not— 
‘‘(i) deny an application solely on the basis that the 
applicant proposes to use the LNG terminal exclusively or 
partially for gas that the applicant or an affiliate of the 
applicant will supply to the facility; or 
‘‘(ii) condition an order on— 
‘‘(I) a requirement that the LNG terminal offer service 
to customers other than the applicant, or any affiliate 
of the applicant, securing the order; 
‘‘(II) any regulation of the rates, charges, terms, or 
conditions of service of the LNG terminal; or 
‘‘(III) a requirement to file with the Commission sched-
ules or contracts related to the rates, charges, terms, or 
conditions of service of the LNG terminal. 
‘‘(C) Subparagraph (B) shall cease to have effect on January 
1, 2030. 
‘‘(4) An order issued for an LNG terminal that also offers 
service to customers on an open access basis shall not result in 
subsidization of expansion capacity by existing customers, degrada-
tion of service to existing customers, or undue discrimination 
against existing customers as to their terms or conditions of service 
at the facility, as all of those terms are defined by the Commission. 
‘‘(f)(1) In this subsection, the term ‘military installation’— 
‘‘(A) means a base, camp, post, range, station, yard, center, 
or homeport facility for any ship or other activity under the 
jurisdiction of the Department of Defense, including any leased 
facility, that is located within a State, the District of Columbia, 
or any territory of the United States; and
H. R. 6—94
‘‘(B) does not include any facility used primarily for civil 
works, rivers and harbors projects, or flood control projects, 
as determined by the Secretary of Defense. 
‘‘(2) The Commission shall enter into a memorandum of under-
standing with the Secretary of Defense for the purpose of ensuring 
that the Commission coordinate and consult with the Secretary 
of Defense on the siting, construction, expansion, or operation of 
liquefied natural gas facilities that may affect an active military 
installation. 
‘‘(3) The Commission shall obtain the concurrence of the Sec-
retary of Defense before authorizing the siting, construction, expan-
sion, or operation of liquefied natural gas facilities affecting the 
training or activities of an active military installation.’’. 
(d) LNG TERMINAL STATE AND LOCAL SAFETY CONCERNS.—
After section 3 of the Natural Gas Act (15 U.S.C. 717b) insert 
the following: 
‘‘STATE AND LOCAL SAFETY CONSIDERATIONS 
‘‘SEC. 3A. (a) The Commission shall promulgate regulations 
on the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) pre-filing process within 60 days after the date of enactment 
of this section. An applicant shall comply with pre-filing process 
required under the National Environmental Policy Act of 1969 
prior to filing an application with the Commission. The regulations 
shall require that the pre-filing process commence at least 6 months 
prior to the filing of an application for authorization to construct 
an LNG terminal and encourage applicants to cooperate with State 
and local officials. 
‘‘(b) The Governor of a State in which an LNG terminal is 
proposed to be located shall designate the appropriate State agency 
for the purposes of consulting with the Commission regarding an 
application under section 3. The Commission shall consult with 
such State agency regarding State and local safety considerations 
prior to issuing an order pursuant to section 3. For the purposes 
of this section, State and local safety considerations include— 
‘‘(1) the kind and use of the facility; 
‘‘(2) the existing and projected population and demographic 
characteristics of the location; 
‘‘(3) the existing and proposed land use near the location; 
‘‘(4) the natural and physical aspects of the location; 
‘‘(5) the emergency response capabilities near the facility 
location; and 
‘‘(6) the need to encourage remote siting. 
‘‘(c) The State agency may furnish an advisory report on State 
and local safety considerations to the Commission with respect 
to an application no later than 30 days after the application was 
filed with the Commission. Before issuing an order authorizing 
an applicant to site, construct, expand, or operate an LNG terminal, 
the Commission shall review and respond specifically to the issues 
raised by the State agency described in subsection (b) in the 
advisory report. This subsection shall apply to any application filed 
after the date of enactment of the Energy Policy Act of 2005. 
A State agency has 30 days after such date of enactment to file 
an advisory report related to any applications pending at the 
Commission as of such date of enactment. 
‘‘(d) The State commission of the State in which an LNG ter-
minal is located may, after the terminal is operational, conduct