text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Liquefied Natural Gas Act of 2005''.
  
  SEC. 2. TERMS AND CONDITIONS FOR LIQUEFIED NATURAL GAS IMPORT 
                TERMINALS.
  
      (a) Exportation or Importation of Natural Gas.--Section 3 of the 
  Natural Gas Act (15 U.S.C. 717b) is amended to read as follows:
  
                ``exportation or importation of natural gas
  
      ``Sec. 3. (a) Authorization Order.--No person shall export any 
  natural gas from the United States to a foreign country or import any 
  natural gas from a foreign country without first having secured an 
  order of the Secretary of Energy authorizing such person to do so. The 
  Secretary shall issue such order upon application, unless, after 
  opportunity for hearing, the Secretary finds that the proposed 
  exportation or importation will not be consistent with the public 
  interest. The Secretary may by order grant such application, in whole 
  or in part, with such modification and upon such terms and conditions 
  as the Secretary may find necessary or appropriate, and may from time 
  to time, after opportunity for hearing, and for good cause shown, make 
  such supplemental order as the Secretary may find necessary or 
  appropriate.
      ``(b) Free Trade Agreements and Liquefied Natural Gas.--With 
  respect to natural gas which is imported into the United States from a 
  nation with which there is in effect a free trade agreement requiring 
  national treatment for trade in natural gas, and with respect to 
  liquefied natural gas--
              ``(1) the importation of such natural gas shall be treated 
          as a `first sale' within the meaning of section 2(21) of the 
          Natural Gas Policy Act of 1978; and
              ``(2) the Secretary of Energy shall not, on the basis of 
          national origin, treat any such imported natural gas on an 
          unjust, unreasonable, unduly discriminatory, or preferential 
          basis.
      ``(c) Application and Approval Process.--For purposes of subsection 
  (a), the importation of the natural gas referred to in subsection (b), 
  or the exportation of natural gas to a nation with which there is in 
  effect a free trade agreement requiring national treatment for trade in 
  natural gas, shall be deemed to be consistent with the public interest, 
  and applications for such importation or exportation shall be granted 
  without modification or delay.
      ``(d) Authorization for Liquefied Natural Gas Import Terminals.--
  (1) No person shall site, construct, expand, or operate a liquefied 
  natural gas import terminal without first having secured an order of 
  the Federal Energy Regulatory Commission authorizing such person to do 
  so. The Federal Energy Regulatory Commission shall issue such order 
  upon application, unless, after opportunity for hearing, it finds that 
  the proposed siting, construction, expansion, or operation will not be 
  consistent with the public interest. The Federal Energy Regulatory 
  Commission may by its order grant such application, in whole or in 
  part, with such modification and upon such terms and conditions as the 
  Federal Energy Regulatory Commission may find necessary or appropriate.
      ``(2) An order issued pursuant to paragraph (1) shall not be 
  conditioned on--
              ``(A) a requirement that the liquefied natural gas import 
          terminal offer service to persons other than the person 
          securing the order;
              ``(B) any regulation of the liquefied natural gas import 
          terminal's rates, charges, terms, or conditions of service; or
              ``(C) a requirement to file with the Federal Energy 
          Regulatory Commission schedules or contracts related to the 
          liquefied natural gas import terminal's rates, charges, terms, 
          or conditions of service.
      ``(3) Except as otherwise provided by Federal law, no State or 
  local government may require a permit, license, concurrence, approval, 
  certificate, or other form of authorization with respect to the siting, 
  construction, expansion, or operation of a liquefied natural gas import 
  terminal.
      ``(4) Any decision made or action taken by a Federal administrative 
  agency or officer (or State administrative agency or officer acting 
  under delegated Federal authority) with respect to the siting, 
  construction, expansion, or operation of a liquefied natural gas import 
  terminal must be consistent with any authorization provided by the 
  Federal Energy Regulatory Commission pursuant to this subsection with 
  respect to the liquefied natural gas import terminal, and shall not 
  prohibit or unreasonably delay the siting, construction, expansion, or 
  operation.
      ``(5) Nothing in this subsection shall be construed to repeal or 
  modify the authority under this section to authorize a person to import 
  or export natural gas or to authorize facilities for the import or 
  export of natural gas other than liquefied natural gas import 
  terminals.
      ``(e) Schedule and Administrative Record.--(1) The Federal Energy 
  Regulatory Commission shall approve or deny any application to site, 
  construct, expand, or operate a liquefied natural gas import terminal 
  under subsection (d) not later than 1 year after the application is 
  complete.
      ``(2) With respect to each application under subsection (d), the 
  Federal Energy Regulatory Commission shall establish a schedule for all 
  Federal and State administrative proceedings commenced under authority 
  of Federal law, the completion of which is required before a person may 
  site, construct, expand, or operate the liquefied natural gas import 
  terminal, in order to ensure expeditious progress toward such siting, 
  construction, expansion, or operation. The schedule shall also include 
  all Federal and State administrative proceedings authorized by Federal 
  law for the siting, construction, expansion, and operation of natural 
  gas pipelines and facilities related to the transportation of liquefied 
  natural gas or natural gas from the liquefied natural gas import 
  terminal. In establishing the schedule, the Federal Energy Regulatory 
  Commission shall, to the extent practicable, accommodate the applicable 
  schedules established by Federal law for such proceedings. If a Federal 
  or State administrative agency or officer fails to complete a 
  proceeding in accordance with the schedule established by the Federal 
  Energy Regulatory Commission, the action of the Federal or State 
  administrative agency or officer that is required before a person may 
  site, construct, expand, or operate the liquefied natural gas import 
  terminal shall be conclusively presumed and the siting, construction, 
  expansion, or operation shall proceed without condition.
      ``(3) With respect to the siting, construction, expansion, or 
  operation of a liquefied natural gas import terminal, the Federal 
  Energy Regulatory Commission shall compile a single administrative 
  record which shall consolidate the records of the proceedings referred 
  to in paragraph (2).
      ``(4) Any Federal administrative proceeding that is an appeal or 
  review of a decision made or action taken by a Federal administrative 
  agency or officer (or State administrative agency or officer acting 
  under delegated Federal authority) with respect to the siting, 
  construction, expansion, or operation of a liquefied natural gas import 
  terminal shall use as its exclusive record for all purposes the 
  administrative record compiled by the Federal Energy Regulatory 
  Commission under paragraph (3).
      ``(f) Judicial Review.--(1) Except for review by the Supreme Court 
  of the United States on writ of certiorari, the United States Court of 
  Appeals for the District of Columbia Circuit shall have original and 
  exclusive jurisdiction to hear and determine any civil action for 
  review of a decision made or action taken by a Federal administrative 
  agency or officer (or State administrative agency or officer acting 
  under delegated Federal authority) with respect to the siting, 
  construction, expansion, or operation of a liquefied natural gas import 
  terminal. The civil action shall be filed not later than 60 days after 
  the decision or action described in this paragraph.
      ``(2) If a civil action referred to in paragraph (1) is filed, the 
  Federal Energy Regulatory Commission shall file in the United States 
  Court of Appeals for the District of Columbia Circuit the single 
  administrative record compiled under subsection (e)(3) with respect to 
  the liquefied natural gas import terminal named in the civil action.
      ``(g) Lead Agency.--With respect to the siting, construction, 
  expansion, or operation of a liquefied natural gas import terminal, the 
  Federal Energy Regulatory Commission shall be the lead Federal agency 
  for purposes of complying with the National Environmental Policy Act of 
  1969 (42 U.S.C. 4321 et seq.).''.
      (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) `Liquefied natural gas import terminal' includes all 
          facilities located onshore or in State waters that are used to 
          receive, unload, store, transport, gasify, or process liquefied 
          natural gas that is imported to the United States from a 
          foreign country, but does not include the tankers used to 
          deliver liquefied natural gas to such facilities.''.
target: Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas.
  
  Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization.
  
  Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law.
  
  Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings.
  
  Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.
feat_title: To require certain terms and conditions for the siting, construction, expansion, and operation of liquefied natural gas import terminals, and for other purposes.