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42 U.S.C. § 6239 — Strategic Petroleum Reserve

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6239 — Strategic Petroleum Reserve

**(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 **(c) to (e) Repealed.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.

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Source file: Laws/federal/codes/united-states-code/title-42/section-6239-strategic-petroleum-reserve--069616114a.md
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Source location: Title 42, Chapter 77, § 6239; chapter-077-energy-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6241 — Development, operation, and maintenance of the Reserve

**(a) to (e) Repealed.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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6421 — Limitation on loan guarantees

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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8730 — Disposition of products

**(a)** In administering the naval petroleum reserves under this chapter, the Secretary shall use, store, or sell the petroleum produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans. **(b)** (1) Subject to paragraph (2) and notwithstanding any other provision of law, each sale of the United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, at such time, in such amounts, and after such advertising as the Secretary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products. Each sale of the United States share of petroleum shall be for periods of not more than one year, except that a sale of natural gas may be made for a period of more than one year. (2) The Secretary may not sell any part of the United States share of petroleum produced from Naval Petroleum Reserves Numbered 2 and 3 at a price less than the current sales price, as estimated by the Secretary, of comparable petroleum in the same area. (3) For purposes of paragraph (2), the term “petroleum” does not include natural gas liquids. **(c)** In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 percent of the estimated annual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1. **(d)** Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and equal opportunity for the acquisition of petroleum by all interested persons, including major and independent oil producer

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6242 — Petroleum products for storage, transport, or exchange

**(a) Eligibility of petroleum products** The Secretary may acquire, place in storage, transport, or exchange petroleum products acquired by purchase or exchange. **(b) Objectives in determining manner of acquisition** The Secretary shall, to the greatest extent practicable, acquire petroleum products for the Reserve in a manner consonant with the following objectives: (1) minimization of the cost of the Reserve; (2) Repealed. Pub. L. 106–469, title I, § 103(14)(C), Nov. 9, 2000, 114 Stat. 2031; (3) minimization of the Nation’s vulnerability to a severe energy supply interruption; (4) minimization of the impact of such acquisition upon supply levels and market forces; and (5) encouragement of competition in the petroleum industry. **(c) Procedures** The Secretary shall develop, with public notice and opportunity for comment, procedures consistent with the objectives of this section to acquire petroleum for the Reserve. Such procedures shall take into account the need to— (1) maximize overall domestic supply of crude oil (including quantities stored in private sector inventories); (2) avoid incurring excessive cost or appreciably affecting the price of petroleum products to consumers; (3) minimize the costs to the Department of the Interior and the Department of Energy in acquiring such petroleum products (including foregone revenues to the Treasury when petroleum products for the Reserve are obtained through the royalty-in-kind program); (4) protect national security; (5) avoid adversely affecting current and futures prices, supplies, and inventories of oil; and (6) address other factors that the Secretary determines to be appropriate. **(d) , (e) Repealed. Pub. L. 106–469, title I, § 103(14)(D), Nov. 9, 2000, 114 Stat. 2031** **(f) Predrawdown diversion*

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6243 — Drawdown and sale of petroleum products

**(a) Power of Secretary** The Secretary may drawdown and sell petroleum products in the Reserve only in accordance with the provisions of this section. **(b) , (c) Repealed. Pub. L. 106–469, title I, § 103(15)(C), Nov. 9, 2000, 114 Stat. 2031** **(d) Presidential finding prerequisite to drawdown and sale** (1) Drawdown and sale of petroleum products from the Strategic Petroleum Reserve may not be made unless the President has found drawdown and sale are required by a severe energy supply interruption or by obligations of the United States under the international energy program. (2) For purposes of this section, in addition to the circumstances set forth in [section 6202(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6202/8&num=0&edition=prelim), a severe energy supply interruption shall be deemed to exist if the President determines that— (A) an emergency situation exists and there is a significant reduction in supply which is of significant scope and duration; (B) a severe increase in the price of petroleum products has resulted from such emergency situation; and (C) such price increase is likely to cause a major adverse impact on the national economy. **(e) Sales procedures** (1) The Secretary shall sell petroleum products withdrawn from the Strategic Petroleum Reserve at public sale to the highest qualified bidder in the amounts, for the period, and after a notice of sale considered appropriate by the Secretary, and without regard to Federal, State, or local regulations controlling sales of petroleum products. (2) The Secretary may cancel in whole or in part any offer to sell petroleum products as part of any drawdown and sale under this section. **(f) Repealed. Pub. L. 106–469, title I, § 103(15)(C), N

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6239 — Development, operation, and maintenance

Page 6666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6233 (Pub. L. 94–163, title I, § 152, Dec. 22, 1975, 89 Stat. 882; Pub. L. 101–383, § 6(a)(1), Sept. 15, 1990, 104 Stat. 729; Pub. L. 106–469, title I, § 103(5), Nov. 9, 2000, 114 Stat. 2029.) Editorial Notes AMENDMENTS 2000—Par. (1). Pub. L. 106–469, § 103(5)(A), struck out par. (1) which read as follows: ‘‘The term ‘Early Stor- age Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products stored pursuant to section 6235 of this title.’’ Par. (3). Pub. L. 106–469, § 103(5)(A), struck out par. (3) which read as follows: ‘‘The term ‘Industrial Petroleum Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products owned by importers or refiners and acquired, stored, or maintained pursuant to section 6236 of this title.’’ Par. (7). Pub. L. 106–469, § 103(5)(A), struck out par. (7) which read as follows: ‘‘The term ‘Regional Petroleum Reserve’ means that portion of the Strategic Petro- leum Reserve which consists of petroleum products stored pursuant to section 6237 of this title.’’ Par. (11). Pub. L. 106–469, § 103(5)(B), struck out ‘‘; such term includes the Industrial Petroleum Re- serve, the Early Storage Reserve, and the Regional Pe- troleum Reserve’’ before period at end. 1990—Pub. L. 101–383 inserted ‘‘and part C’’ after ‘‘this part’’. § 6233. Repealed. Pub. L. 106–469, title I, § 103(6), Nov. 9, 2000, 114 Stat. 2030 Section, Pub. L. 94–163, title I, § 153, Dec. 22, 1975, 89 Stat. 882; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288, related to the Strategic Petroleum Re- serve Office. § 6234. Strategic Petroleum Reserve (a) Establishment A Strategic Petroleum Reserve for the storage of up

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