I 

118TH CONGRESS 

2D SESSION H. R. 10207 

To amend the Natural Gas Act to require that impacts to climate stability, 

consumer energy costs, and environmental justice be considered in a 

determination of whether proposed exportation of natural gas is in the 

public interest, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2024 

Mr. CASTEN (for himself, Ms. BARRAGA ́N, Ms. CASTOR of Florida, Mr. GRIJALVA, Mr. HUFFMAN, Ms. KUSTER, Ms. LEE of California, Mr. LEVIN, 

Mr. MULLIN, Mr. MCGOVERN, Mr. NADLER, Ms. NORTON, Ms. PINGREE, 

Mrs. RAMIREZ, Ms. SCHAKOWSKY, and Ms. TLAIB) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Natural Gas Act to require that impacts 

to climate stability, consumer energy costs, and environmental justice be considered in a determination of whether proposed exportation of natural gas is in the public 

interest, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘LNG Public Interest 

5 Determination Act of 2024’’. 


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1 SEC. 2. EXPORTATION OF NATURAL GAS. 

2 (a) EXPORTATION OF NATURAL GAS.—Section 3 of 

3 the Natural Gas Act (15 U.S.C. 717b) is amended by add4 ing at the end the following: 

5 ‘‘(g) EXPORTATION OF NATURAL GAS.— 

6 ‘‘(1) ORDER REQUIRED.—No person shall ex7 port any natural gas from the United States to a 

8 foreign country without first having secured an 

9 order of the Secretary of Energy authorizing it to do 

10 so. The Secretary of Energy may issue such order 

11 upon application only if, after opportunity for hear12 ing, the Secretary of Energy finds that the proposed 

13 exportation will be consistent with the public inter14 est. The Secretary of Energy may by its order grant 

15 such application, in whole or in part, with such 

16 modification and upon such terms and conditions as 

17 the Secretary of Energy may find necessary or ap18 propriate, and may from time to time, after oppor19 tunity for hearing, and for good cause shown, issue 

20 such supplemental order for such exportation as it 

21 may find necessary or appropriate. 

22 ‘‘(2) DEADLINE.—The Secretary of Energy 

23 shall find whether proposed exportation of natural 

24 gas will be consistent with the public interest under 

25 paragraph (1) by not later than the date that is 1 

26 year after the later of— 


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1 ‘‘(A) the date on which the Secretary of 

2 Energy receives the final environmental impact 

3 statement for such proposed exportation from 

4 the Federal Energy Regulatory Commission; 

5 and 

6 ‘‘(B) the date on which the Secretary com7 pletes each assessment required by paragraph 

8 (4). 

9 ‘‘(3) PUBLIC INTEREST FINDING.—The Sec10 retary of Energy may find that proposed exportation 

11 of natural gas for which an application is submitted 

12 under paragraph (1) will be consistent with the pub13 lic interest under such paragraph only if the Sec14 retary of Energy determines, based on the applicable 

15 assessment under paragraph (4), that the proposed 

16 exportation of natural gas will not be likely to— 

17 ‘‘(A) significantly contribute to climate 

18 change, including by slowing the global energy 

19 transition needed to achieve deep reductions of 

20 global greenhouse gas emissions within the next 

21 decade and net-zero global greenhouse gas 

22 emissions not later than 2050; 

23 ‘‘(B) materially increase energy prices or 

24 energy price volatility for any segment of 

25 United States consumers; or 


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1 ‘‘(C) create a disproportionate cumulative 

2 burden of adverse human or environmental im3 pacts on rural, low-income, minority, and other 

4 vulnerable communities. 

5 ‘‘(4) ASSESSMENTS.— 

6 ‘‘(A) CLIMATE CHANGE ASSESSMENT.—A 

7 determination under paragraph (3)(A) shall be 

8 based on an assessment of the expected impact 

9 of the proposed exportation of natural gas on 

10 climate change. Such assessment shall be based 

11 on the latest scientific information and use the 

12 20-year global warming potential of methane, 

13 and shall include— 

14 ‘‘(i) quantified estimates of the green15 house gas emissions associated with the 

16 full lifecycle of the natural gas proposed 

17 for exportation, including emissions associ18 ated with the extraction, transportation, 

19 liquefaction, storage, regasification, and 

20 consumption of such natural gas; 

21 ‘‘(ii) a comparison of the estimated 

22 greenhouse gas emissions in clause (i) to a 

23 baseline that is consistent with United 

24 States international commitments to 

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1 house gas emissions within the next decade 

2 and deep decarbonization pathways toward 

3 net-zero global greenhouse gas emissions 

4 not later than 2050; 

5 ‘‘(iii) an assessment of the potential 

6 effects of the proposed exportation of nat7 ural gas on clean energy alternatives, in8 cluding— 

9 ‘‘(I) any decrease in global in10 vestment in and deployment of renew11 able energy, electrification, and energy 

12 efficiency and conservation tech13 nologies; and 

14 ‘‘(II) any decrease in United 

15 States exports of clean energy tech16 nologies; 

17 ‘‘(iv) quantified estimates of the social 

18 cost of the estimated greenhouse gas emis19 sions in clause (i); and 

20 ‘‘(v) an identification of the extent to 

21 which climate change is accelerating the 

22 loss of economic value in the United States 

23 due to rising sea levels, more intense 

24 storms, eroding coasts, increased risk and 


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1 severity of wild fires, and other impacts as2 sociated with climate change. 

3 ‘‘(B) ECONOMIC ASSESSMENT.—A deter4 mination under paragraph (3)(B) shall be based 

5 on an assessment of the expected economic im6 pact of the proposed exportation of natural gas, 

7 including an assessment of the impact of the 

8 proposed exportation on all United States con9 sumers, with specific estimates regarding each 

10 of the following consumer subgroups: 

11 ‘‘(i) Low-income consumers. 

12 ‘‘(ii) Working families. 

13 ‘‘(iii) Small businesses. 

14 ‘‘(iv) Manufacturers. 

15 ‘‘(v) State and local governments. 

16 ‘‘(vi) Producers and users of fertilizer. 

17 ‘‘(C) ENVIRONMENTAL JUSTICE ASSESS18 MENT.—A determination under paragraph 

19 (3)(C) shall be based on an assessment of the 

20 expected impact of the proposed exportation of 

21 natural gas on environmental justice (which 

22 shall be consistent with Executive Order 14096 

23 (42 U.S.C. 4321 note; relating to revitalizing 

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1 tice for all), as published April 21, 2023), in2 cluding assessments of impacts on— 

3 ‘‘(i) the preexisting cumulative envi4 ronmental burdens and social and health 

5 risks posed to rural, low-income, minority, 

6 and other vulnerable communities; 

7 ‘‘(ii) local fisheries and the economic 

8 livelihood of the people employed by local 

9 fisheries; 

10 ‘‘(iii) racial and socioeconomic dispari11 ties in impacted communities; and 

12 ‘‘(iv) compliance with civil rights laws. 

13 ‘‘(5) PUBLIC PARTICIPATION.—The Secretary 

14 of Energy shall— 

15 ‘‘(A) provide to the public an opportunity 

16 to meaningfully participate, including by pro17 viding comments, in— 

18 ‘‘(i) the finding of the Secretary of 

19 Energy on whether proposed exportation 

20 will be consistent with the public interest 

21 under paragraph (1); and 

22 ‘‘(ii) any study by the Department of 

23 Energy intended to inform such finding; 

24 and 


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1 ‘‘(B) ensure that opportunities to meaning2 fully participate under subparagraph (A) ad3 dress barriers that affect members of commu4 nities with environmental justice concerns, in5 cluding those related to disability, language ac6 cess, and lack of resources. 

7 ‘‘(6) MAJOR FEDERAL ACTION.—Issuing an 

8 order authorizing the exportation of natural gas 

9 under this subsection shall be considered a major 

10 Federal action under section 102(2)(C) of the Na11 tional Environmental Policy Act of 1969 (42 U.S.C. 

12 4332(2)(C)).’’. 

13 (b) CONFORMING AMENDMENTS.—Section 3 of the 

14 Natural Gas Act (15 U.S.C. 717b) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘export any natural gas 

17 from the United States to a foreign country 

18 or’’; 

19 (B) by inserting ‘‘to the United States’’ 

20 after ‘‘from a foreign country’’; and 

21 (C) by striking ‘‘exportation or’’; and 

22 (2) in subsection (c)— 

23 (A) by striking ‘‘, or the exportation of 

24 natural gas to a nation with which there is in 


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1 effect a free trade agreement requiring national 

2 treatment for trade in natural gas,’’; and 

3 (B) by striking ‘‘or exportation’’. 

4 SEC. 3. PROCESS COORDINATION; HEARINGS; RULES OF 

5 PROCEDURE. 

6 Section 15(b)(1) of the Natural Gas Act (15 U.S.C. 

7 717n(b)(1)) is amended by striking ‘‘Commission’’ and in8 serting ‘‘Federal Energy Regulatory Commission’’. 

9 SEC. 4. TERMINATION OF CATEGORICAL EXCLUSION FOR 

10 APPROVAL OR DISAPPROVAL OF THE EXPOR11 TATION OF NATURAL GAS. 

12 The categorical exclusion under B5.7 of appendix B 

13 to subpart D of part 1021 of title 10, Code of Federal 

14 Regulations, (relating to export of natural gas and associ15 ated transportation by marine vessel) shall have no force 

16 or effect. 

17 SEC. 5. RULEMAKING. 

18 Not later than one year after the date of enactment 

19 of this Act, the Secretary of Energy shall issue a rule to 

20 carry out this Act and the amendments made by this Act. 

Æ 


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