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42 U.S.C. § 6234 — Strategic Petroleum Reserve

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

42 U.S.C. § 6234 — Strategic Petroleum Reserve

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 Repealed.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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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 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; re- quests for funds for storage (1) The drawdown and distribution of petro- leum products from the Strategic Petroleum Re- serve is authorized only under section 6241 of this title, and drawdown and distribution of pe- troleum products for purposes other than those described in section 6241 of this title shall be prohibited. (2) In the Secretary’s annual budget submis- sion, the Secretary shall request funds for acqui- sition, transportation, and injection of petro- leum products for storage in the Reserve. If no requests for funds are made, the Secretary shall provide a written explanation of the reason therefore. (Pub. L. 94–163, title I, § 154, Dec. 22, 1975, 89 Stat. 882; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102–486, title XIV, § 1402, Oct. 24, 1992, 106 Stat. 2994; Pub. L. 105–177, § 1(6), June 1, 1998, 112 Stat. 106; Pub. L. 106–469, title I, § 103(7), Nov. 9, 2000, 114 Stat. 2030.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–469, § 103(7)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) provided for the creation of a Strategic Petroleum Re- serve of up to 1 billion barrels of petroleum products and required that the Reserve contain not less than 150 million barrels of petroleum products by the end of the 3-year period beginning on Dec. 22, 1975, and that the President take actions to enlarge the Reserve to 1,000,000,000 barrels as rapidly as possible beginning Oct. 24, 1992. Subsec. (b). Pub. L. 106–469, § 103(7)(B), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The Secretary, not later than December 15, 1976, shall prepare and transmit to the Congress, in ac- cordance with section 6421 of this title, a Strategic Pe- troleum Reserve Plan. Such Plan shall comply with the provisions of this section and shall detail the Sec- retary’s proposals for designing, constructing, and fill- ing the storage and related facilities of the Reserve.’’ Subsecs. (c) to (e). Pub. L. 106–469, § 103(7)(C), struck out subsecs. (c) to (e) which related to the levels of crude oil to be stored, plan objectives, and plan provi- sions. 1998—Subsec. (f). Pub. L. 105–177 added subsec. (f). 1992—Subsec. (a). Pub. L. 102–486 designated existing provisions as par. (1) and added par. (2). 1978—Subsecs. (b), (d). Pub. L. 95–619 substituted ‘‘Secretary’’ and ‘‘Secretary’s’’ for ‘‘Administrator’’ and ‘‘Administrator’s’’, respectively, meaning Adminis- trator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries STRATEGIC PETROLEUM RESERVE DRAWDOWN PLAN Pub. L. 97–229, § 4(c), Aug. 3, 1982, 96 Stat. 252, required the President to transmit to Congress, on or before Dec. 1, 1982, and as an amendment to the Strategic Pe- troleum Reserve Plan, a drawdown plan for the Stra- tegic Petroleum Reserve consistent with the require- ments of this section, to take effect on the date of transmittal and not be subject to section 6239(e) of this title relating to Congressional review. §§ 6235 to 6238. Repealed. Pub. L. 106–469, title I, § 103(8)–(11), Nov. 9, 2000, 114 Stat. 2030 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 Petro- leum 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 establish- ment of Utility Reserves, Coal Reserves, Remote Crude Oil and Natural Gas Reserves. § 6239. 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—

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

42 U.S.C. § 6234 — Definitions

As used in this part and part C: (1) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (2) The term “importer” means any person who owns, at the first place of storage, any petroleum product imported into the United States. (3) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (4) The term “interest in land” means any ownership or possessory right with respect to real property, including ownership in fee, an easement, a leasehold, and any subsurface or mineral rights. (5) The term “readily available inventories” means stocks and supplies of petroleum products which can be distributed or used without affecting the ability of the importer or refiner to operate at normal capacity; such term does not include minimum working inventories or other unavailable stocks. (6) The term “refiner” means any person who owns, operates, or controls the operation of any refinery. (7) Repealed. Pub. L. 106–469, title I, § 103(5)(A), Nov. 9, 2000, 114 Stat. 2029. (8) The term “related facility” means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, and salt brine lines. (9) The term “Reserve” means the Strategic Petroleum Reserve. (10) The term “storage facility” means any facility or geological formation which is capable of storing significant quantities of petroleum products. (11) The term “Strategic Petroleum Reserve” means petroleum products stored in storage facilities pursuant to this part.

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