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Presidential Determination on Natural Gas Infrastructure Under Defense Production Act

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Summary

President issued Determination No. 2026-12 on April 20, 2026, designating natural gas and LNG capacity—including gathering and transmission pipelines, compression, processing plants, underground storage, LNG liquefaction, storage, marine load, export facilities, and critical distribution infrastructure—as industrial resources essential to national defense under Section 303 of the Defense Production Act. The determination finds that without presidential action, U.S. industry cannot reasonably provide these capabilities in a timely manner due to financing constraints and long-lead construction schedules. This builds on Executive Order 14156 declaring a National Energy Emergency on January 20, 2025.

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GovPing monitors FR: Executive Office of the President for new government & legislation regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 38 changes logged to date.

What changed

This Presidential Determination designates natural gas and LNG infrastructure as 'industrial resources, materials, or critical technology items essential to the national defense' under Section 303(a)(5) of the Defense Production Act. By making this determination, the President triggers authorities under the Act that allow federal intervention to address shortfalls in domestic natural gas and LNG capacity, potentially including priorities for federal contracts, ratings of contracts, and allocation of materials. Affected parties in the natural gas, LNG, and pipeline industries should monitor for subsequent implementing actions under this determination, as the finding that domestic industry cannot timely provide these capabilities may be used to justify federal priorities in contracting and allocation.

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Apr 23, 2026

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Presidential Document

Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Natural Gas Transmission, Processing, Storage, and Liquefied Natural Gas Capacity

A Presidential Document by the Executive Office of the President on 04/23/2026

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  • Document Details Published Content - Document Details Agency Executive Office of the President Document Citation 91 FR 21935 Document Number 2026-08017 Document Type Presidential Document Presidential Document Type Determination Pages 21935-21936
    (2 pages) Publication Date 04/23/2026 Published Content - Document Details

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  • Document Details Published Content - Document Details Agency Executive Office of the President Document Citation 91 FR 21935 Document Number 2026-08017 Document Type Presidential Document Presidential Document Type Determination Pages 21935-21936
    (2 pages) Publication Date 04/23/2026 Published Content - Document Details

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- Public Inspection Public Inspection This PDF is FR Doc. 2026-08017 as it appeared on Public Inspection on
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Published Document: 2026-08017 (91 FR 21935) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

( printed page 21935) Presidential Determination No. 2026-12 of April 20, 2026

Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Natural Gas Transmission, Processing, Storage, and Liquefied Natural Gas Capacity

Memorandum for the Secretary of Energy

On January 20, 2025, I issued Executive Order 14156 (Declaring a National Energy Emergency), under the National Emergencies Act. That order found that hostile foreign actors have weaponized America's reliance on foreign energy and used it to cause dramatic swings in international commodity markets, leaving the United States and its allies dangerously exposed. It emphasized that America must develop its capacity to supply reliable, diversified, and affordable energy to international allies and partners to compete with hostile foreign powers, strengthen relations with allies and partners, and support international peace and security.

Consistent with that declaration, I find that ensuring sufficient natural gas and liquefied natural gas (LNG) capacity is critical to sustaining United States defense operations and ensuring allied energy security. Inadequate pipelines, processing, storage, or natural gas and LNG export capacity would leave the United States and its partners dangerously exposed in times of crisis.

Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 303 of the Defense Production Act of 1950, as amended (the “Act”) (50 U.S.C. 4533), I hereby determine, pursuant to section 303(a)(5) of the Act, that:

(1) natural gas and LNG capacity, including gathering and transmission pipelines, compression, processing plants, underground storage, LNG liquefaction, storage and marine load, export facilities, and critical distribution infrastructure, are industrial resources, materials, or critical technology items essential to the national defense;

(2) without Presidential action under section 303 of the Act, United States industry cannot reasonably be expected to provide these capabilities for the needed industrial resource, material, or critical technology item in a timely manner due to financing constraints, long-lead equipment and construction schedules, permitting delays, and infrastructure bottlenecks; and

(3) purchases, purchase commitments, financial support for the development of production capabilities, or other action pursuant to section 303 of the Act are the most cost-effective, expedient, and practical alternative methods for meeting this need.

I have declared a national emergency under Executive Order 14156, and I further determine that action to expand domestic natural gas transmission, processing, storage, and LNG capacity is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. Therefore, pursuant to section 303(a)(7) of the Act, I waive the requirements of section 303(a)(1)-(a)(6) of the Act for the purpose of expanding such capability.

( printed page 21936) You are authorized and directed to implement this determination, including making necessary purchases, commitments, and financial instruments to enable these projects, and to publish this determination in the Federal Register.

THE WHITE HOUSE,

Washington, April 20, 2026

[FR Doc. 2026-08017

Filed 4-22-26; 11:15 am]

Billing code 6450-01-P

Published Document: 2026-08017 (91 FR 21935)

Named provisions

Section 303 of the Defense Production Act of 1950

Citations

50 U.S.C. 4533 statutory authority for presidential determination
Executive Order 14156 National Energy Emergency declaration referenced

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Classification

Agency
Executive Office of the President
Published
April 23rd, 2026
Instrument
Rule
Branch
Executive
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
91 FR 21935

Who this affects

Applies to
Energy companies Government agencies
Industry sector
2111 Oil & Gas Extraction
Activity scope
Infrastructure designation National defense determination Energy capacity analysis
Geographic scope
United States US

Taxonomy

Primary area
Energy
Operational domain
Compliance
Topics
Defense & National Security

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