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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
129
‘‘(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
130
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
131
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.
132
(b) FRAUD AUTHORITY.—Section 4b of the Com-
modity Exchange Act (7 U.S.C. 6b) is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by striking subsection (a) and inserting the
following:
‘‘(a) It shall be unlawful—
‘‘(1) for any person, in or in connection with
any order to make, or the making of, any contract
of sale of any commodity for future delivery or in
interstate commerce, that is made, or to be made, on
or subject to the rules of a designated contract mar-
ket, for or on behalf of any other person; or
‘‘(2) for any person, in or in connection with
any order to make, or the making of, any contract
of sale of any commodity for future delivery, or
other agreement, contract, or transaction subject to
section 5a(g) (1) and (2) of this Act, that is made,
or to be made, for or on behalf of, or with, any other
person, other than on or subject to the rules of a
designated contract market—
‘‘(A) to cheat or defraud or attempt to
cheat or defraud such other person;
‘‘(B) willfully to make or cause to be made
to such other person any false report or state-