§ 6239. Development, operation, and maintenance of the Reserve

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title I § 159 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6239

   Pub. L. 94–163, title I, § 159, Dec. 22, 1975, 89 Stat. 886

   Source evidence

   Code source credit
   Pub. L. 94–163, title I, § 159, Dec. 22, 1975, 89 Stat. 886

   Enacted provision · exact public law section
   Sec. 159. review by congress and implementation (a) The Strategic Petroleum Reserve Plan shall not become effective and may not be implemented, unless— (1) the Administrator has transmitted such Plan to the Congress pursuant to section 154(b); and (2) neither House of Congress has disapproved (or both Houses have approved) such Plan, in accordance with the procedures Post, p. 965. specified in section 551. (b) For purposes of congressional review of the Strategic Petroleum Reserve Plan under subsection (a), the 5 calendar days described in section 551(f) (4) (A) shall be lengthened to 15 calendar days, and the 15 calendar days described in section 551 (c) and (d) shall be lengthened to 45 calendar days. (c) The Administrator may, prior to transmittal of the Strategic Petroleum Reserve Plan, prepare and transmit to the Congress proposals for designing, constructing, and filling storage or related facilities. Any such proposal shall be accompanied by a statement explaining (1) the need for action on such proposals prior to completion of such Plan, (2) the anticipated role of the proposed storage or related facilities in such Plan, and (3) to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (d) The Administrator may prepare amendments to the Strategic Petroleum Reserve Plan or to the Early Storage Reserve Plan. He shall transmit any such amendment to the Congress together with a statement explaining the need for such amendment and, to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (e) Any proposal transmitted under subsection (c) and any amendment transmitted under subsection (d), other than a technical or clerical amendment or an amendment to the Early Storage Reserve Plan, shall not become effective and may not be implemented unless— (1) the Administrator has transmitted such proposal or amendment to the Congress in accordance with subsection (c) or (d) (as the case may be), and (2) neither House of Congress has disapproved (or both Houses of Congress have approved) such proposal or amendment, in accordance with the procedures specified in section 551. (f) To the extent necessary or appropriate to implement— (1) the Strategic Petroleum Reserve Plan which has taken effect pursuant to subsection (a); (2) the Early Storage Reserve Plan; (3) any proposal described in subsection (c), or any amendment described in subsection (d), which such proposal or amendment has taken effect pursuant to subsection (e); and (4) any technical or clerical amendment or any amendment to the Early Storage Reserve Plan, the Administrator may: (A) promulgate rules, regulations, or orders; Rules and regulations. (B) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities; (C) construct, purchase, lease, or otherwise acquire storage and related facilities; (D) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired pursuant to this part; (E) acquire, subject to the provisions of section 160, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve, including the Early Storage Reserve and the Regional Petroleum Reserve; (F) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if such facilities are subject to audit by the United States; (G) execute any contracts necessary to carry out the provisions of such Strategic ‘Petroleum Reserve Plan, Early Storage Reserve Plan, proposal or amendment; (H) require any importer of petroleum products or any refiner to (A) acquire, and (B) store and maintain in readily available inventories, petroleum products in the Industrial Petroleum Reserve, pursuant to section 156; (I) require the storage of petroleum products in the Industrial Petroleum Reserve, pursuant to section 156, on such reasonable terms as the Administrator may specify in storage facilities owned and controlled by the United States or in storage facilities other than those owned by the United States if such facilities are subject to audit by the United States; (J) require the maintenance of the Industrial Petroleum Reserve; (K) maintain the Reserve; and (L) bring an action, whenever he deems it necessary to implement Condemnation proceeding. the Strategic Petroleum Reserve Plan, in any court having jurisdiction of such 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 thereon or used therewith. (g) 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 judgment of the Administrator be futile or so time-consuming as to unreasonably delay the implementation of the Strategic Petroleum Reserve Plan, 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.

2. 1978

   Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6239(a)(1); 42 U.S.C. § 6239(a)(c); 42 U.S.C. § 6239(a)(d); 42 U.S.C. § 6239(e)(1); 42 U.S.C. § 6239(a)(f); 42 U.S.C. § 6239(f)(I); 42 U.S.C. § 6239(a)(g)

   Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a)(1), (c), (d), (e)(1), (f), (f)(I), (g). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

3. 1982

   Energy Emergency Preparedness Act of 1982

   Pub. L. 97–229 § 4(b)(1) · 96 Stat. 248

   Added · 42 U.S.C. § 6239(f)(5)

   Pub. L. 97–229, § 4(b)(1), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (f)(5). Pub. L. 97–229, § 4(b)(1), added par. (5).

   Enacted provision · exact public law section
   (1) Authority for implementation.— Section 159(f) of the Energy Policy and Conservation Act (42 U.S.C. 6239(f)) is amended by striking out “and” at the end of paragraph (3), by striking out the comma at the end of paragraph (4) and inserting “; and” in lieu thereof, and by inserting after paragraph (4) the following new paragraph: “(5) the storage of petroleum products in interim storage facilities,”.

4. 1982

   Energy Emergency Preparedness Act of 1982

   Pub. L. 97–229 § 4(b)(2)(B) · 96 Stat. 248

   Added · 42 U.S.C. § 6239(h)

   Pub. L. 97–229, § 4(b)(2)(B), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 97–229, § 4(b)(2)(B), added subsec. (h).

   Enacted provision · exact public law section
   (B) Section 159 of such Act (42 U.S.C. 6239) is amended by adding at the end thereof the following new subsection: “(h) (1) No amendment to the Strategic Petroleum Reserve Plan relating to interim storage facilities shall be required prior to the storage of petroleum products in such facilities. “(2) Petroleum products stored in interim storage facilities pursuant to this part shall be considered to be in storage in the Reserve. “(3) (A) No action relating to the storage of petroleum products in existing interim storage facilities in the Reserve shall be deemed to be ‘a major Federal action significantly affecting the quality of the human environment’ within the meaning of that term as it is used in section 102(2)(C) of the National Environmental Policy Act of 1969. 42 USC 4332. “(B) for purposes of this paragraph, an interim storage facility shall be considered to be an existing interim storage facility if it— “(i) is in existence on July 1, 1982; “(ii) was constructed in a manner appropriate for storing petroleum products; and “(iii) is not modified after July 1, 1982, in any manner which substantially increases the storage capacity of the facility. Any modification of such facility may not include replacement or reconstruction. “(4) The term ‘interim storage facilities’, when used in this part, “Interim storage facilities.” may include any vessel which meets the applicable requirements under this part.”.

5. 1985

   Energy Policy and Conservation Amendments Act of 1985

   Pub. L. 99–58 title I § 102(a) · 99 Stat. 102

   1. Amended · 42 U.S.C. § 6239(e)

      Pub. L. 99–58 amended subsec. (e) generally

   2. Substituted · 42 U.S.C. § 6239(e)

      Pub. L. 99–58 substituting provisions directing that amendments transmitted pursuant to subsec. (d) of this section not become effective until 60 days after transmittal except in the case of enumerated presidential determinations for provisions which had formerly empowered Congress to disapprove of transmitted proposals and amendments in accordance with the procedures specified in section 6421 of this title

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–58 amended subsec. (e) generally, substituting provisions directing that amendments transmitted pursuant to subsec. (d) of this section not become effective until 60 days after transmittal except in the case of enumerated presidential determinations for provisions which had formerly empowered Congress to disapprove of transmitted proposals and amendments in accordance with the procedures specified in section 6421 of this title.

   Enacted provision · exact public law section
   (a) Amendments to Strategic Petroleum Reserve Plan.— Section 42 USC 6239. 159(e) of the Energy Policy and Conservation Act is amended to read as follows: “(e) Subject to section 161(g)(2), any amendment transmitted pursuant to subsection (d) may not become effective until 60 days after the date of such transmittal, except that such 60-day period shall not apply if the President determines that such amendment is required by a severe energy supply interruption or by obligations of the United States under the international energy program.”.

6. 1990

   Energy Policy and Conservation Act Amendments of 1990

   Pub. L. 101–383 § 4(a) · 104 Stat. 727

   Added · 42 U.S.C. § 6239(i); 42 U.S.C. § 6239(j)

   Pub. L. 101–383, § 4(a), added subsecs. (i) and (j)

   Source evidence

   Code amendment note
   Subsecs. (i), (j). Pub. L. 101–383, § 4(a), added subsecs. (i) and (j).

   Enacted provision · exact public law section
   (a) In General.— Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended by adding at the end the following new subsections: “(i) No later than 18 months after the date of the enactment of the Energy Policy and Conservation Act Amendments of 1990, the Secretary shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of negotiations undertaken pursuant to part C. The report shall— “(1) describe the terms of any contracts negotiated pursuant to part C and any cost savings that would result from such contracts relative to the costs of acquisition pursuant to part B; and “(2) give all available information on any cost savings that would likely result from additional contracts that could be negotiated pursuant to part C for completion of the storage of one billion barrels of petroleum product in the Reserve relative to the costs of acquisition pursuant to part B. “(j) No later than 24 months after the date of the enactment of the Energy Policy and Conservation Act Amendments of 1990, the Secretary shall amend the Strategic Petroleum Reserve Plan to prescribe plans for completion of storage of one billion barrels of petroleum product in the Reserve. Such amendment shall comply with the provisions of this section and shall detail the Secretary’s plans for the design, construction, leasing or other acquisition, and fill of storage and related facilities of the Reserve to achieve such one billion barrels of storage. Such amendment shall not be subject to the congressional review procedures contained in section 551. In assessing alternatives in the development of such plans, the Secretary shall consider leasing privately owned storage facilities.”.

7. 1990

   Energy Policy and Conservation Act Amendments of 1990

   Pub. L. 101–383 § 9 · 104 Stat. 727

   Added · 42 U.S.C. § 6239(k)

   Pub. L. 101–383, § 9, added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 101–383, § 9, added subsec. (k).

   Enacted provision · exact public law section
   SEC. 9. EXEMPTION FROM INTERSTATE COMMERCE ACT. Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239), is amended by adding at the end the following new subsection after the subsection added by section 4(a) of this Act: “(k) 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.”.

8. 1990

   Energy Policy and Conservation Act Amendments of 1990

   Pub. L. 101–383 § 11 · 104 Stat. 727

   Added · 42 U.S.C. § 6239(l)

   Pub. L. 101–383, § 11, added subsec. (l)

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 101–383, § 11, added subsec. (l).

   Enacted provision · exact public law section
   SEC. 11. DRAWDOWN PLAN AMENDMENTS DURING IMPLEMENTATION. Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is amended by inserting at the end of the section the following new subsection after the subsection added by section 9 of this Act: “(l) Notwithstanding subsection (d), during any period in which the Distribution Plan is being implemented, the Secretary may amend the plan and promulgate rules, regulations, or orders to implement such amendments in accordance with section 523 of this Act, without regard to the requirements of section 553 of title 5, United States Code, and section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). Such amendments shall be transmitted to the Congress together with a statement explaining the need for such amendments.”.

9. 2000

   Energy Policy and Conservation Act Amendments of 2000

   Pub. L. 106–469 § 103(12) · 114 Stat. 2029

   Amended · 42 U.S.C. § 6239

   Pub. L. 106–469, § 103(12), amended section catchline generally

   Source evidence

   Code amendment note
   Pub. L. 106–469, § 103(12), amended section catchline generally.

   Enacted provision · exact public law section
   (12) by amending the heading for section 159 (42 U.S.C. 6239) to read, “Development, Operation, and Maintenance of the Reserve";

10. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(A) · 114 Stat. 2029

    Struck · 42 U.S.C. § 6239(a)(e)

    Pub. L. 106–469, § 103(13)(A), struck out subsecs. (a) to (e) which related to congressional review and effective date of the Strategic Petroleum Reserve Plan, preparation and transmittal to Congress of proposals for designing, constructing, and filling facilities and of Plan amendments, and 60-day waiting period for effectiveness of amendments

    Source evidence

    Code amendment note
    Subsecs. (a) to (e). Pub. L. 106–469, § 103(13)(A), struck out subsecs. (a) to (e) which related to congressional review and effective date of the Strategic Petroleum Reserve Plan, preparation and transmittal to Congress of proposals for designing, constructing, and filling facilities and of Plan amendments, and 60-day waiting period for effectiveness of amendments.

    Enacted provision · exact public law section
    (A) by striking subsections (a), (b), (c), (d), and (e);

11. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(B) · 114 Stat. 2029

    Amended · 42 U.S.C. § 6239(f)

    Pub. L. 106–469, § 103(13)(B), amended subsec. (f) generally. Prior to amendment, subsec. (f) set out powers of the Secretary to implement the Strategic Petroleum Reserve Plan, the Early Storage Reserve Plan, proposals for designing, constructing, and filling facilities, amendments to the Plans, and the storage of petroleum products in interim storage facilities

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–469, § 103(13)(B), amended subsec. (f) generally. Prior to amendment, subsec. (f) set out powers of the Secretary to implement the Strategic Petroleum Reserve Plan, the Early Storage Reserve Plan, proposals for designing, constructing, and filling facilities, amendments to the Plans, and the storage of petroleum products in interim storage facilities.

    Enacted provision · exact public law section
    (B) by amending subsection (f) to read as follows: “(f) 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 160, 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.”; and

12. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(C) · 114 Stat. 2029

    1. Substituted · 42 U.S.C. § 6239(g)

       Pub. L. 106–469, § 103(13)(C), substituted “development” for “implementation”

    2. Struck · 42 U.S.C. § 6239(g)

       Pub. L. 106–469, § 103(13)(C), struck out “Plan” after “Strategic Petroleum Reserve”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–469, § 103(13)(C), substituted “development” for “implementation” and struck out “Plan” after “Strategic Petroleum Reserve”.

    Enacted provision · exact public law section
    (C) in subsection (g)— (i) by striking “implementation” and inserting “development”; and (ii) by striking “Plan”;

13. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(D) · 114 Stat. 2029

    Struck · 42 U.S.C. § 6239(h); 42 U.S.C. § 6239(i)

    Pub. L. 106–469, § 103(13)(D), struck out subsecs. (h) and (i) which related to use of interim storage facilities and environmental considerations for existing facilities, and report to Congress on results of negotiations for enlargement of Strategic Petroleum Reserve to one billion barrels

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 106–469, § 103(13)(D), struck out subsecs. (h) and (i) which related to use of interim storage facilities and environmental considerations for existing facilities, and report to Congress on results of negotiations for enlargement of Strategic Petroleum Reserve to one billion barrels.

    Enacted provision · exact public law section
    (D) by striking subsections (h) and (i);

14. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(E) · 114 Stat. 2029

    Amended · 42 U.S.C. § 6239(j)

    Pub. L. 106–469, § 103(13)(E), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “No later than 24 months after September 15, 1990, the Secretary shall amend the Strategic Petroleum Reserve Plan to prescribe plans for completion of storage of one billion barrels of petroleum product in the Reserve. Such amendment shall comply with the provisions of this section and shall detail the Secretary’s plans for the design, construction, leasing or other acquisition, and fill of storage and related facilities of the Reserve to achieve such one billion barrels of storage. Such amendment shall not be subject to the congressional review procedures contained in section 6421 of this title. In assessing alternatives in the development of such plans, the Secretary shall consider leasing privately owned storage facilities.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 106–469, § 103(13)(E), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “No later than 24 months after September 15, 1990, the Secretary shall amend the Strategic Petroleum Reserve Plan to prescribe plans for completion of storage of one billion barrels of petroleum product in the Reserve. Such amendment shall comply with the provisions of this section and shall detail the Secretary’s plans for the design, construction, leasing or other acquisition, and fill of storage and related facilities of the Reserve to achieve such one billion barrels of storage. Such amendment shall not be subject to the congressional review procedures contained in section 6421 of this title. In assessing alternatives in the development of such plans, the Secretary shall consider leasing privately owned storage facilities.”

    Enacted provision · exact public law section
    (E) by amending subsection (j) to read as follows: “(j) 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.”; and

15. 2000

    Energy Policy and Conservation Act Amendments of 2000

    Pub. L. 106–469 § 103(13)(F) · 114 Stat. 2029

    Amended · 42 U.S.C. § 6239(l)

    Pub. L. 106–469, § 103(13)(F), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “Notwithstanding subsection (d) of this section, during any period in which the Distribution Plan is being implemented, the Secretary may amend the plan and promulgate rules, regulations, or orders to implement such amendments in accordance with section 6393 of this title, without regard to the requirements of section 553 of title 5 and section 7191 of this title. Such amendments shall be transmitted to the Congress together with a statement explaining the need for such amendments.”

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 106–469, § 103(13)(F), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: “Notwithstanding subsection (d) of this section, during any period in which the Distribution Plan is being implemented, the Secretary may amend the plan and promulgate rules, regulations, or orders to implement such amendments in accordance with section 6393 of this title, without regard to the requirements of section 553 of title 5 and section 7191 of this title. Such amendments shall be transmitted to the Congress together with a statement explaining the need for such amendments.”

    Enacted provision · exact public law section
    (F) by amending subsection (l) to read as follows: “(l) 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, United States Code, without regard to rulemaking requirements in section 523 of this Act, and section 501 of the Department of Energy Organization Act (42 U.S.C. 7191).”;

17 of 17 references resolved to an enrolled provision