
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC717b]

 
                      TITLE 15--COMMERCE AND TRADE
 
                        CHAPTER 15B--NATURAL GAS
 
Sec. 717b. Exportation or importation of natural gas


(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; 
    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) of this section, the importation of 
the natural gas referred to in subsection (b) of this section, 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.

(June 21, 1938, ch. 556, Sec. 3, 52 Stat. 822; Pub. L. 102-486, title 
II, Sec. 201, Oct. 24, 1992, 106 Stat. 2866.)


                               Amendments

    1992--Pub. L. 102-486 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).

                          Transfer of Functions

    Enforcement functions of Secretary or other official in Department 
of Energy and Commission, Commissioners, or other official in Federal 
Energy Regulatory Commission related to compliance with authorizations 
for importation of natural gas from Alberta as predeliveries of Alaskan 
gas issued under this section with respect to pre-construction, 
construction, and initial operation of transportation system for 
Canadian and Alaskan natural gas transferred to the Federal Inspector, 
Office of Federal Inspector for Alaska Natural Gas Transportation 
System, until first anniversary of date of initial operation of Alaska 
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, 
Secs. 102(d), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, 
effective July 1, 1979, set out under section 719e of this title. Office 
of Federal Inspector for the Alaska Natural Gas Transportation System 
abolished and functions and authority vested in Inspector transferred to 
Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an 
Abolition of Office of Federal Inspector note under section 719e of this 
title.
    Federal Power Commission terminated and functions, personnel, 
property, funds, etc., transferred to Secretary of Energy (except for 
certain functions transferred to Federal Energy Regulatory Commission) 
by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, 
The Public Health and Welfare.
    Executive and administrative functions of Federal Power Commission, 
with certain reservations, transferred to Chairman of such Commission, 
with authority vested in him to authorize their performance by any 
officer, employee, or administrative unit under his jurisdiction, by 
Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 
64 Stat. 1265, set out in the Appendix to Title 5, Government 
Organization and Employees.

                         Delegation of Functions

    Functions of President respecting certain facilities constructed and 
maintained on United States borders delegated to Secretary of State, see 
Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note 
under section 301 of Title 3, The President.

 Ex. Ord. No. 10485. Performance of Functions Respecting Electric Power 
       and Natural Gas Facilities Located on United States Borders

    Ex. Ord. No. 10485. Sept. 3, 1953, 18 F.R. 5397, as amended by Ex. 
Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, provided:
    Section 1. (a) The Secretary of Energy is hereby designated and 
empowered to perform the following-described functions:
    (1) To receive all applications for permits for the construction, 
operation, maintenance, or connection, at the borders of the United 
States, of facilities for the transmission of electric energy between 
the United States and a foreign country.
    (2) To receive all applications for permits for the construction, 
operation, maintenance, or connection, at the borders of the United 
States, of facilities for the exportation or importation of natural gas 
to or from a foreign country.
    (3) Upon finding the issuance of the permit to be consistent with 
the public interest, and, after obtaining the favorable recommendations 
of the Secretary of State and the Secretary of Defense thereon, to issue 
to the applicant, as appropriate, a permit for such construction, 
operation, maintenance, or connection. The Secretary of Energy shall 
have the power to attach to the issuance of the permit and to the 
exercise of the rights granted thereunder such conditions as the public 
interest may in its judgment require.
    (b) In any case wherein the Secretary of Energy, the Secretary of 
State, and the Secretary of Defense cannot agree as to whether or not a 
permit should be issued, the Secretary of Energy shall submit to the 
President for approval or disapproval the application for a permit with 
the respective views of the Secretary of Energy, the Secretary of State 
and the Secretary of Defense.
    Sec. 2. [Deleted.]
    Sec. 3. The Secretary of Energy is authorized to issue such rules 
and regulations, and to prescribe such procedures, as it may from time 
to time deem necessary or desirable for the exercise of the authority 
delegated to it by this order.
    Sec. 4. All Presidential Permits heretofore issued pursuant to 
Executive Order No. 8202 of July 13, 1939, and in force at the time of 
the issuance of this order, and all permits issued hereunder, shall 
remain in full force and effect until modified or revoked by the 
President or by the Secretary of Energy.
    Sec. 5. Executive Order No. 8202 of July 13, 1939, is hereby 
revoked.

                  Section Referred to in Other Sections

    This section is referred to in title 49 section 60104.
