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(2) make such adjustments in such pumping as 
possible to minimize the amount of electric power 
consumed for such pumping during periods of peak 
electric power consumption, including by performing 
as much of such pumping as possible during off-
peak hours at night. 
(b) CONSENT OF AFFECTED IRRIGATION CUSTOMERS 
REQUIRED.—The Secretary may not under this section 
make any adjustment in pumping at a facility without the 
consent of each person that has contracted with the 
United States for delivery of water from the facility for 
use for irrigation and that would be affected by such ad-
justment. 
(c) EXISTING OBLIGATIONS NOT AFFECTED.—This 
section shall not be construed to affect any existing obliga-
tion of the Secretary to provide electric power, water, or 
other benefits from Bureau of Reclamation facilities, in-
cluding recreational releases.
109
TITLE III—OIL AND GAS 
Subtitle A—Petroleum Reserve and 
Home Heating Oil 
SEC. 301. PERMANENT AUTHORITY TO OPERATE THE STRA-
TEGIC PETROLEUM RESERVE AND OTHER 
ENERGY PROGRAMS. 
(a) AMENDMENT TO TITLE I OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title I of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6211 et seq.) is 
amended—
(1) by striking section 166 (42 U.S.C. 6246) 
and inserting the following: 
‘‘AUTHORIZATION OF APPROPRIATIONS 
‘‘SEC. 166. There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry 
out this part and part D, to remain available until ex-
pended.’’; 
(2) by striking section 186 (42 U.S.C. 6250e); 
and 
(3) by striking part E (42 U.S.C. 6251; relat-
ing to the expiration of title I of the Act). 
(b) AMENDMENT TO TITLE II OF THE ENERGY POL-
ICY AND CONSERVATION ACT.—Title II of the Energy 
Policy and Conservation Act (42 U.S.C. 6271 et seq.) is 
amended—
110
(1) by inserting before section 273 (42 U.S.C. 
6283) the following: 
‘‘PART C—SUMMER FILL AND FUEL BUDGETING 
PROGRAMS’’; 
(2) by striking section 273(e) (42 U.S.C. 
6283(e); relating to the expiration of summer fill 
and fuel budgeting programs); and 
(3) by striking part D (42 U.S.C. 6285; relat-
ing to the expiration of title II of the Act). 
(c) TECHNICAL AMENDMENTS.—The table of con-
tents for the Energy Policy and Conservation Act is 
amended—
(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.
111
(d) AMENDMENT TO THE ENERGY POLICY AND CON-
SERVATION ACT.—Section 183(b)(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6250(b)(1)) is amended 
by striking all after ‘‘increases’’ through to ‘‘mid-October 
through March’’ and inserting ‘‘by more than 60 percent 
over its 5-year rolling average for the months of mid-Octo-
ber through March (considered as a heating season aver-
age)’’. 
(e) FILL STRATEGIC PETROLEUM RESERVE TO CA-
PACITY.—The Secretary of Energy shall, as expeditiously 
as practicable, acquire petroleum in amounts sufficient to 
fill the Strategic Petroleum Reserve to the 1,000,000,000 
barrel capacity authorized under section 154(a) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6234(a)), 
consistent with the provisions of sections 159 and 160 of 
such Act (42 U.S.C. 6239, 6240). 
SEC. 302. NATIONAL OILHEAT RESEARCH ALLIANCE. 
Section 713 of the Energy Act of 2000 (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 of Energy shall complete a pro-
ceeding to select, from sites that the Secretary has pre-
viously studied, sites necessary to enable acquisition by the
112
Secretary of the full authorized volume of the Strategic 
Petroleum Reserve. 
SEC. 304. SUSPENSION OF STRATEGIC PETROLEUM RE-
SERVE DELIVERIES. 
The Secretary of Energy shall suspend deliveries of 
royalty-in-kind oil to the Strategic Petroleum Reserve 
until the price of oil falls below $40 per barrel for 2 con-
secutive weeks on the New York Mercantile Exchange. 
Subtitle B—Production Incentives 
SEC. 320. LIQUEFACTION OR GASIFICATION NATURAL GAS 
TERMINALS. 
(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) ‘Liquefaction or gasification natural gas 
terminal’ includes all 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
113
foreign country, exported to a foreign country from 
the United States, or transported in interstate com-
merce by waterborne tanker, but does not include—
‘‘(A) waterborne tankers used to deliver 
natural gas to or from any such facility; or 
‘‘(B) any pipeline or storage facility sub-
ject to the jurisdiction of the Commission under 
section 7.’’. 
(c) AUTHORIZATION FOR CONSTRUCTION, EXPAN-
SION, OR OPERATION
OF LIQUEFACTION
OR GASIFI-
CATION NATURAL GAS TERMINALS.—(1) The title for sec-
tion 3 of the Natural Gas Act (15 U.S.C. 717b) is amend-
ed by inserting ‘‘; LIQUEFACTION OR GASIFICATION NAT-
URAL GAS TERMINALS’’ after ‘‘EXPORTATION OR IMPORTA-
TION OF NATURAL GAS’’. 
(2) Section 3 of the Natural Gas Act (15 U.S.C. 
717b) is amended by adding at the end the following: 
‘‘(d) AUTHORIZATION FOR CONSTRUCTION, EXPAN-
SION, OR OPERATION
OF LIQUEFACTION
OR GASIFI-
CATION NATURAL GAS TERMINALS.—
‘‘(1) 
COMMISSION
AUTHORIZATION
RE-
QUIRED.—No person shall construct, expand, or op-
erate a liquefaction or gasification natural gas ter-
minal without an order from the Commission au-
thorizing such person to do so.
114
‘‘(2) AUTHORIZATION PROCEDURES.—
‘‘(A) NOTICE
AND
HEARING.—Upon the 
filing of any application to construct, expand, 
or operate a liquefaction or gasification natural 
gas terminal, the Commission shall—
‘‘(i) set the matter for hearing; 
‘‘(ii) give reasonable notice of the 
hearing to all interested persons, including 
the State commission of the State in which 
the liquefaction or gasification natural gas 
terminal is located; 
‘‘(iii) decide the matter in accordance 
with this subsection; and 
‘‘(iv) issue or deny the appropriate 
order accordingly. 
‘‘(B) DESIGNATION AS LEAD AGENCY.—
‘‘(i) IN GENERAL.—The Commission 
shall act as the lead agency for the pur-
poses of coordinating all applicable Federal 
authorizations and for the purposes of 
complying with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4312 et seq.) for a liquefaction or gasifi-
cation natural gas terminal.
115
‘‘(ii) OTHER
AGENCIES.—Each Fed-
eral agency considering an aspect of the 
construction, expansion, or operation of a 
liquefaction or gasification natural gas ter-
minal shall cooperate with the Commission 
and comply with the deadlines established 
by the Commission. 
‘‘(C) SCHEDULE.—
‘‘(i) COMMISSION AUTHORITY TO SET 
SCHEDULE.—The Commission shall estab-
lish a schedule for all Federal and State 
administrative proceedings required under 
authority of Federal law to construct, ex-
pand, or operate a liquefaction or gasifi-
cation natural gas terminal. In establishing 
the schedule, the Commission shall—
‘‘(I) ensure expeditious comple-
tion of all such proceedings; and 
‘‘(II) accommodate the applicable 
schedules established by Federal law 
for such proceedings. 
‘‘(ii) FAILURE TO MEET SCHEDULE.—
If a Federal or State administrative agency 
does not complete a proceeding for an ap-
proval that is required before a person may
116
construct, expand, or operate the lique-
faction or gasification natural gas ter-
minal, in accordance with the schedule es-
tablished by the Commission under this 
subparagraph, and if—
‘‘(I) a determination has been 
made by the Court pursuant to sec-
tion 19(d) that such delay is unrea-
sonable; and 
‘‘(II) the agency has failed to act 
on any remand by the Court within 
the deadline set by the Court, 
that approval may be conclusively pre-
sumed by the Commission. 
‘‘(D) EXCLUSIVE RECORD.—The Commis-
sion shall, with the cooperation of Federal and 
State administrative agencies and officials, 
maintain a complete consolidated record of all 
decisions made or actions taken by the Commis-
sion or by a Federal administrative agency or 
officer (or State administrative agency or offi-
cer acting under delegated Federal authority) 
with respect to the construction, expansion, or 
operation of a liquefaction or gasification nat-
ural gas terminal. Such record shall be the ex-
117
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—
‘‘(I) the State commission pro-
vides written notice to the Commis-
sion of its intention to do so; and