Page:United States Statutes at Large Volume 119.djvu/708

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[119 STAT. 690]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 690]

119 STAT. 690

PUBLIC LAW 109–58—AUG. 8, 2005 license, concurrence, or approval (hereinafter collectively referred to as ‘permit’) required under Federal law, other than the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). ‘‘(2) AGENCY DELAY.—The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of an alleged failure to act by a Federal agency (other than the Commission) or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit required under Federal law, other than the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), for a facility subject to section 3 or section 7. The failure of an agency to take action on a permit required under Federal law, other than the Coastal Zone Management Act of 1972, in accordance with the Commission schedule established pursuant to section 15(c) shall be considered inconsistent with Federal law for the purposes of paragraph (3). ‘‘(3) COURT ACTION.—If the Court finds that such order or action is inconsistent with the Federal law governing such permit and would prevent the construction, expansion, or operation of the facility subject to section 3 or section 7, the Court shall remand the proceeding to the agency to take appropriate action consistent with the order of the Court. If the Court remands the order or action to the Federal or State agency, the Court shall set a reasonable schedule and deadline for the agency to act on remand. ‘‘(4) COMMISSION ACTION.—For any action described in this subsection, the Commission shall file with the Court the consolidated record of such order or action to which the appeal hereunder relates. ‘‘(5) EXPEDITED REVIEW.—The Court shall set any action brought under this subsection for expedited consideration.’’.

SEC. 314. PENALTIES.

(a) CRIMINAL PENALTIES.— (1) NATURAL GAS ACT.—Section 21 of the Natural Gas Act (15 U.S.C. 717t) is amended— (A) in subsection (a)— (i) by striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’; and (ii) by striking ‘‘two years’’ and inserting ‘‘5 years’’; and (B) in subsection (b), by striking ‘‘$500’’ and inserting ‘‘$50,000’’. (2) NATURAL GAS POLICY ACT OF 1978.—Section 504(c) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3414(c)) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘$5,000’’ and inserting ‘‘$1,000,000’’; and (ii) in subparagraph (B), by striking ‘‘two years’’ and inserting ‘‘5 years’’; and (B) in paragraph (2), by striking ‘‘$500 for each violation’’ and inserting ‘‘$50,000 for each day on which the offense occurs’’. (b) CIVIL PENALTIES.—

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