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15 U.S.C. § 717b — Exportation or importation of natural gas; LNG terminals
Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory authorization order** After six months from June 21, 1938, 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 Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate.
**(b) Free trade agreements** 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 3301(21) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3301/21&num=0&edition=prelim); and
(2) the Commission shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.
**(c) Expedited 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 treatme
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Stable record: federal_law:legal_authorities:record_usc_a2be91746a46bd0563473244
Source file: Laws/federal/codes/united-states-code/title-15/section-717b-exportation-or-importation-of-natural-gas-lng-terminals--82404f6fea.md
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Passage SHA-256: ee150c66046b2768bb80d18458e3f284ffee3a7e18720b43fc3900b22b03b1f3
Source location: Title 15, Chapter 15B, § 717b; chapter-15b-natural-gas.md
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**(a) Mandatory authorization order** After six months from June 21, 1938, 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 Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate.
**(b) Free trade agreements** 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 3301(21) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3301/21&num=0&edition=prelim); and
(2) the Commission shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.
**(c) Expedited 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) Construction with other laws** Except as specifically provided in this chapter, nothing in this chapter affects the rights of States under—
(1) the Coastal Zone Management Act of 1972 ([16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) et seq.);
(2) the Clean Air Act ([42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.); or
(3) the Federal Water Pollution Control Act ([33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.).
**(e) LNG terminals**
(1) The Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of an LNG terminal. Except as specifically provided in this chapter, nothing in this chapter is intended to affect otherwise applicable law related to any Federal agency’s authorities or responsibilities 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 717b–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b-1&num=0&edition=prelim);
(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 11 So in original. Probably should be “finds”. 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 schedules 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, degradation 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) Military installations**
(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
(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 understanding with the Secretary of Defense for the purpose of ensuring that the Commission coordinate and consult 22 So in original. Probably should be “coordinates and consults”. 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 Secretary of Defense before authorizing the siting, construction, expansion, or operation of liquefied natural gas facilities affecting the training or activities of an active military installation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
**(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.
**(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.
**(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion.
**(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations.
**(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost.
**(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds—
(1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
(3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
(4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.
**(b) Declaration** The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population;
(2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
(3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
(4) to encourage and assist the development and operation of regional air pollution prevention and control programs.
**(c) Pollution prevention** A prim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement**
(1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest.
(2) The President, for a period of up to 90 addi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 719e
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation of regulations** The Commission shall promulgate regulations on the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) pre-filing process within 60 days after August 8, 2005. 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) State consultation** 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 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim). The Commission shall consult with such State agency regarding State and local safety considerations prior to issuing an order pursuant to [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim). 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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717b–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition** In this section, the term “Federal authorization”—
(1) means any authorization required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim); and
(2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim).
**(b) Designation as lead agency**
(1) **In general** — The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
(2) **Other agencies** — Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission.
**(c) Schedule**
(1) **Commission authority to set schedule** — The Commission shall establish a schedule for all Federal authorizations. In establishing the schedul
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717n
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for rehearing; time** Any person, State, municipality, or State commission aggrieved by an order issued by the Commission in a proceeding under this chapter to which such person, State, municipality, or State commission is a party may apply for a rehearing within thirty days after the issuance of such order. The application for rehearing shall set forth specifically the ground or grounds upon which such application is based. Upon such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application may be deemed to have been denied. No proceeding to review any order of the Commission shall be brought by any person unless such person shall have made application to the Commission for a rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection (b), the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this chapter.
**(b) Review of Commission order** Any party to a proceeding under this chapter aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order in the court of appeals of the United States for any circuit wherein the natural-gas company to which the order relates is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the order of the Commission upon the application for rehearing, a written petition pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Distribution of low sulfur fuel** Any allocation program provided for in [section 792 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section792&num=0&edition=prelim) or in the Emergency Petroleum Allocation Act of 1973 [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.],11 See References in Text note below. shall, to the maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health.
**(b) Study of chronic effects of sulfur oxide emissions among exposed populations** In order to determine the health effects of emissions of sulfur oxides to the air resulting from any conversions to burning coal to which section 119 1 of the Clean Air Act [[42 U.S.C. 1857c–10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1857c–10&num=0&edition=prelim)] applies, the Department of Health and Human Services shall, through the National Institute of Environmental Health Sciences and in cooperation with the Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended.
**(c) Major Federal actions significantly affecting the quality of the human environment**
(1) No action taken under the Clean Air Act [[42 U.S.C. 7401](https://uscode.house.gov/view.xh
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 793
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regional districts; establishment; notice to State commissions** For the purpose of assuring an abundant supply of electric energy throughout the United States with the greatest possible economy and with regard to the proper utilization and conservation of natural resources, the Commission is empowered and directed to divide the country into regional districts for the voluntary interconnection and coordination of facilities for the generation, transmission, and sale of electric energy, and it may at any time thereafter, upon its own motion or upon application, make such modifications thereof as in its judgment will promote the public interest. Each such district shall embrace an area which, in the judgment of the Commission, can economically be served by such interconnection and coordinated electric facilities. It shall be the duty of the Commission to promote and encourage such interconnection and coordination within each such district and between such districts. Before establishing any such district and fixing or modifying the boundaries thereof the Commission shall give notice to the State commission of each State situated wholly or in part within such district, and shall afford each such State commission reasonable opportunity to present its views and recommendations, and shall receive and consider such views and recommendations.
**(b) Sale or exchange of energy; establishing physical connections** Whenever the Commission, upon application of any State commission or of any person engaged in the transmission or sale of electric energy, and after notice to each State commission and public utility affected and after opportunity for hearing, finds such action necessary or appropriate in the public interest it may by order direct a public utility (if the Commissio
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 824a
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