Action on applications to export liquefied natural gas

Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended—(1)by striking subsection (c) and inserting the following:

(c)

Public interest

(1)

In general

For purposes of subsection (a), all of the following shall be deemed to be consistent with the public interest and applications for such importation or exportation shall be granted without modification or delay:(A)The importation of natural gas referred to in subsection (b).(B)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.(C)The exportation of natural gas to a nation that—(i)imports, directly or indirectly, natural gas (including liquefied natural gas) from the Russian Federation or the Islamic Republic of Iran;(ii)has the physical capability to import, directly or indirectly, natural gas (including liquefied natural gas) from the Russian Federation or the Islamic Republic of Iran; or(iii)has previously imported, directly or indirectly, natural gas (including liquefied natural gas) from the Russian Federation or the Islamic Republic of Iran.(2)

Exclusions

Paragraph (1) shall not apply with respect to the exportation of natural gas—(A)to any nation that is subject to sanctions imposed by the United States; or(B)to any nation that is designated as excluded from that paragraph by an Act of Congress.

;

(2)in subsection (e)(3)(A), by inserting and subsection (g) after subparagraph (B); and(3)by adding at the end the following:

(g)

Action on applications To export LNG

(1)

Definitions

In this subsection:(A)

Covered application

The term covered application means an application submitted with respect to a covered facility for an authorization to export natural gas under subsection (a).(B)

Covered facility

The term covered facility means a liquefied natural gas export facility for which a proposal to site, construct, expand, or operate is required to be approved under subsection (e).(2)

Decision deadline

The Commission shall issue a final decision on a covered application not later than 45 days after the later of—(A)the date on which each review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the siting, construction, expansion, or operation of the covered facility that is the subject of the covered application is published; and (B)the date of enactment of this subsection.(3)

Untimely final decision

(A)

In general

If the Commission fails to issue a final decision under paragraph (2) by the applicable date required under that paragraph, the covered application shall be considered approved, and the environmental review shall be considered sufficient to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(B)

Final agency action

A determination under subparagraph (A) shall be considered to be a final agency action.(4)

Judicial review

(A)

Jurisdiction

Except for review in the Supreme Court of the United States, the court of appeals of the United States for the circuit in which a covered facility is, or will be, located pursuant to a covered application shall have original and exclusive jurisdiction over any civil action for the review of an order issued by the Commission with respect to the covered application.(B)

Expedited review

The applicable United States Court of Appeals shall—(i)set any civil action brought under this subsection for expedited review; and(ii)set the action on the docket as soon as practicable after the filing date of the initial pleading.(C)

Transfer of existing actions

In the case of a covered application for which a petition for review has been filed as of the date of enactment of this subsection, the petition shall be—(i)on a motion by the applicant, transferred to the court of appeals of the United States in which the covered facility that is the subject of the covered application is, or will be, located; and (ii)adjudicated in accordance with this paragraph.