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42 U.S.C. § 6241 — Development, operation, and maintenance of the Reserve
Federal law — U.S. Code and appendices · legal_authorities
**(a) to (e) Repealed. Pub. L. 106–469, title I, § 103(13)(A), Nov. 9, 2000, 114 Stat. 2030**
**(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve** In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of [section 6240 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6240&num=0&edition=prelim), by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve;
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
**(g) Acquisition of property by negotiation as prerequisite to condemnation** Before any condemnation proceedings are institute
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Source location: Title 42, Chapter 77, § 6241; chapter-077-energy-conservation.md
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**(a) to (e) Repealed. Pub. L. 106–469, title I, § 103(13)(A), Nov. 9, 2000, 114 Stat. 2030**
**(f) Powers of Secretary to develop and operate the Strategic Petroleum Reserve** In order to develop, operate, or maintain the Strategic Petroleum Reserve, the Secretary may—
(1) issue rules, regulations, or orders;
(2) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities;
(3) construct, purchase, lease, or otherwise acquire storage and related facilities;
(4) use, lease, maintain, sell or otherwise dispose of land or interests in land, or of storage and related facilities acquired under this part, under such terms and conditions as the Secretary considers necessary or appropriate;
(5) acquire, subject to the provisions of [section 6240 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6240&num=0&edition=prelim), by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve;
(6) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if those facilities are subject to audit by the United States;
(7) execute any contracts necessary to develop, operate, or maintain the Strategic Petroleum Reserve;
(8) bring an action, when the Secretary considers it necessary, in any court having jurisdiction over the proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located on or used with the land.
**(g) Acquisition of property by negotiation as prerequisite to condemnation** Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgement of the Secretary be futile or so time-consuming as to unreasonably delay the development of the Strategic Petroleum Reserve, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.
**(h) , (i) Repealed. Pub. L. 106–469, title I, § 103(13)(D), Nov. 9, 2000, 114 Stat. 2031**
**(j) Expansion beyond 700,000,000 barrels** If the Secretary determines expansion beyond 700,000,000 barrels of petroleum product inventory is appropriate, the Secretary shall submit a plan for expansion to the Congress.
**(k) Exemption from subtitle IV of title 49** A storage or related facility of the Strategic Petroleum Reserve owned by or leased to the United States is not subject to the Interstate Commerce Act.
**(l) Rulemaking during drawdown and sale** During a drawdown and sale of Strategic Petroleum Reserve petroleum products, the Secretary may issue implementing rules, regulations, or orders in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), without regard to rulemaking requirements in [section 6393 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6393&num=0&edition=prelim), and [section 7191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7191&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
**(b) Basis for assessments** The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
**(c) Estimates** The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
**(d) Time of payment** The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
**(e) Adjustments** The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
**(f) Use of funds** All moneys received under this section shall be credited to the general fund of the Treasury.
**(g) Waiver** The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7191
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unreasonable classifications and differentiations** Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries.
**(b) Unreasonably disproportionate share of burdens between segments of business community** To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours.
**(c) Authorities to which section applies** This section applies to actions under any of the following authorities:
(1) titles I and II of this Act (other than any provision of such titles which amends another law).
(2) this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6393
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Federal law — U.S. Code and appendices · legal_authorities
Loan guarantees and obligation guarantees under this Act or any amendment to another law made by this Act may not be issued in violation of any limitation in appropriations or other Acts, with respect to the amounts of outstanding obligational authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6421
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 6235, Pub. L. 94–163, title I, § 155, Dec. 22, 1975, 89 Stat. 884; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Early Storage Reserve.
Section 6236, Pub. L. 94–163, title I, § 156, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Industrial Petroleum Reserve.
Section 6237, Pub. L. 94–163, title I, § 157, Dec. 22, 1975, 89 Stat. 885; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102–486, title XIV, § 1405, Oct. 24, 1992, 106 Stat. 2995, related to the Regional Petroleum Reserve.
Section 6238, Pub. L. 94–163, title I, § 158, Dec. 22, 1975, 89 Stat. 886; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to a report on the establishment of Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas Reserves.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6240
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to grant specific authority to the President to fulfill obligations of the United States under the international energy program;
(2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions;
(3) Repealed. Pub. L. 106–469, title I, § 102(2), Nov. 9, 2000, 114 Stat. 2029;
(4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses;
(5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products;
(6) Repealed. Pub. L. 106–469, title I, § 102(2), Nov. 9, 2000, 114 Stat. 2029;
(7) to provide a means for verification of energy data to assure the reliability of energy data; and
(8) to conserve water by improving the water efficiency of certain plumbing products and appliances.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6211
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** A Strategic Petroleum Reserve for the storage of up to 1 billion barrels of petroleum products shall be created pursuant to this part.
**(b) Authority of Secretary** The Secretary, in accordance with this part, shall exercise authority over the development, operation, and maintenance of the Reserve.
**(c) to (e) Repealed. Pub. L. 106–469, title I, § 103(7)(C), Nov. 9, 2000, 114 Stat. 2030**
**(f) Purpose of drawdown and distribution; requests for funds for storage**
(1) The drawdown and distribution of petroleum products from the Strategic Petroleum Reserve is authorized only under [section 6241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6241&num=0&edition=prelim), and drawdown and distribution of petroleum products for purposes other than those described in [section 6241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6241&num=0&edition=prelim) shall be prohibited.
(2) In the Secretary’s annual budget submission, the Secretary shall request funds for acquisition, transportation, and injection of petroleum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6239
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary of the Treasury shall establish in the Treasury of the United States an account to be known as the “SPR Petroleum Account” (hereinafter in this section referred to as the “Account”).
**(b) Obligation of funds for acquisition, transportation, and injection of petroleum products into SPR** Amounts in the Account may be obligated by the Secretary of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales of petroleum products from the Reserve, and for the drawdown, sale, and delivery of petroleum products from the Reserve—
(1) Repealed. Pub. L. 106–469, title I, § 103(19)(A)(ii), Nov. 9, 2000, 114 Stat. 2033;
(2) in the case of any fiscal year, subject to [section 7270 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7270&num=0&edition=prelim), in such aggregate amounts as may be appropriated in advance in appropriation Acts; and
(3) in the case of any fiscal year, notwithstanding [section 7270 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7270&num=0&edition=prelim), in an aggregate amount equal to the aggregate amount of the receipts to the United States from the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under [section 6241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6241&num=0&edition=prelim), including a drawdown and distribution carried out under subsection (g) of such section, or from the sale of petroleum products under [section 6240(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6240/f&num=0&edition=prelim).
Funds availab
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6247b
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Federal law — U.S. Code and appendices · legal_authorities
Page 6672
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6241
acquisition, transportation, and injection activities at
a level sufficient to assure that crude oil storage in the
Strategic Petroleum Reserve will be increased to an av-
erage annual rate of at least 300,000 barrels per day or
a sustained average annual daily rate of fill which
would fully utilize appropriated funds: Provided, That
the requirements of the preceding provision shall be in
addition to the provisions of title VIII of the Energy
Security Act [title VIII of Pub. L. 96–294, which amend-
ed this section and section 7430 of Title 10, Armed
Forces, and enacted provisions set out as a note above]
and shall not affect such provisions of the Energy Secu-
rity Act in any way.’’
Executive Documents
EX. ORD. NO. 12231. STRATEGIC PETROLEUM RESERVE
Ex. Ord. No. 12231, Aug. 4, 1980, 45 F.R. 52139, provided:
By the authority vested in me as President of the
United States of America by Title VIII of the Energy
Security Act (Public Law 96–294) [title VIII of Pub. L.
96–294, which amended this section and section 7430 of
Title 10, Armed Forces, and enacted provisions set out
as a note above] and by Section 301 of Title 3 of the
United States Code, and in order to meet the goals and
requirements for the strategic petroleum reserve, it is
hereby ordered as follows:
1–101. The functions vested in the President by Sec-
tion 160(c) of the Energy Policy and Conservation Act,
as amended, are delegated to the Secretary of Energy
(42 U.S.C. 6240(c); see Section 801 of the Energy Secu-
rity Act).
1–102. The functions vested in the President by Sec-
tion 7430(k) of Title 10 of the United States Code are
delegated to the Secretary of Energy (see Section 804(b)
of the Energy Security Act).
1–103. The func
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6241
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