Page:United States Statutes at Large Volume 119.djvu/705

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 687

‘‘(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 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.’’. (d) LNG TERMINAL STATE AND LOCAL SAFETY CONCERNS.— After section 3 of the Natural Gas Act (15 U.S.C. 717b) insert the following: ‘‘STATE

AND LOCAL SAFETY CONSIDERATIONS

‘‘SEC. 3A. (a) The Commission shall promulgate regulations on the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pre-filing process within 60 days after the date of enactment of this section. 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) 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 3. The Commission shall consult with such State agency regarding State and local safety considerations prior to issuing an order pursuant to section 3. 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) The State agency may furnish an advisory report on State and local safety considerations to the Commission with respect to an application no later than 30 days after the application was filed with the Commission. Before issuing an order authorizing an applicant to site, construct, expand, or operate an LNG terminal, the Commission shall review and respond specifically to the issues raised by the State agency described in subsection (b) in the advisory report. This subsection shall apply to any application filed after the date of enactment of the Energy Policy Act of 2005. A State agency has 30 days after such date of enactment to file an advisory report related to any applications pending at the Commission as of such date of enactment. ‘‘(d) The State commission of the State in which an LNG terminal is located may, after the terminal is operational, conduct

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Regulations. Deadline. 15 USC 717b–1.

Applicability. Deadline. Reports.

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