42 U.S. Code § 6249 - Contracting for petroleum product and facilities
prev | next
(a) In general
Subject to the other provisions of this part, the Secretary may contract—
(1) for storage, in otherwise unused Strategic Petroleum Reserve facilities, of petroleum product not owned by the United States; and
(1) Petroleum product stored pursuant to such a contract shall, until the expiration, termination, or other conclusion of the contract, be a part of the Reserve and subject to the Secretary’s authority under part B of this subchapter.
(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) of this section only if—
(A) the Secretary determines
(i) that entering into one or more contracts under such subsection would achieve benefits comparable to the acquisition of an equivalent amount of petroleum product, or an equivalent volume of storage capacity, for the Reserve under part B of this subchapter, and
(ii) that, because of budgetary constraints, the acquisition of an equivalent amount of petroleum product or volume of storage space for the Reserve cannot be accomplished under part B of this subchapter; and
(B) the Secretary notifies each House of the Congress of the determination and identifies in the notification the location, type, and ownership of storage and related facilities proposed to be included, or the volume, type, and ownership of petroleum products proposed to be stored, in the Reserve, and an estimate of the proposed benefits.
(3) A contract entered into under subsection (a) of this section shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.
(c) Charge for storage
The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) of this section with or without charge or may pay a fee for its storage.
Contracts entered into under subsection (a) of this section may be of such duration as the Secretary considers necessary or appropriate.
(e) Binding arbitration
The Secretary may agree to binding arbitration of disputes under any contract entered into under subsection (a) of this section.
Source(Pub. L. 94–163, title I, § 171, as added Pub. L. 101–383, § 6(a)(4),Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102–486, title XIV, § 1403,Oct. 24, 1992, 106 Stat. 2994; Pub. L. 106–469, title I, § 103(20),Nov. 9, 2000, 114 Stat. 2033.)
A prior section 171 ofPub. L. 94–163was renumbered section 191 and was classified to section 6251 of this title, prior to repeal by Pub. L. 109–58.
2000—Subsec. (b)(2)(B). Pub. L. 106–469, § 103(20)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the Secretary notifies each House of the Congress of such determination and includes in such notification the same information required under section 6234 (e) of this title with regard to storage and related facilities proposed to be included, or petroleum product proposed to be stored, in the Reserve.”
Subsec. (b)(3). Pub. L. 106–469, § 103(20)(B), substituted “sale of petroleum products from” for “distribution of”.
1992—Subsec. (f). Pub. L. 102–486added subsec. (f).