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LegalText 42 U.S.C. § 6249 Contracting for petroleum product and facilities us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 77 ENERGY CONSERVATION 6249 42 U.S.C. § 6249 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s6249 data/legal/raw/us/code/title-42/usc42.xml 3e1b2f1ac3f20952a4b38cff63f348cd29ba390f9f451fc3220ad466d7a07a3d 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e ed7a42a79b85397431c17aaa63472b3ed0a3de5170e99a1dc0a68ec486b2789f 2026-07-04 official
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42 U.S.C. § 6249 - Contracting for petroleum product and facilities

Text

(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

(2) for storage, in storage facilities other than those of the Reserve, of petroleum product either owned or not owned by the United States.

(b) Conditions (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 Secretarys authority under part B.

(2) The Secretary may enter into a contract for storage of petroleum product under subsection (a) 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, 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; 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) shall not limit the discretion of the President or the Secretary to conduct a drawdown and sale of petroleum products from the Reserve.

(4) A contract entered into under subsection (a) shall include a provision that the obligation of the United States to make payments under the contract in any fiscal year is subject to the availability of appropriations.

(c) Charge for storage The Secretary may store petroleum product pursuant to a contract entered into under subsection (a)(1) with or without charge or may pay a fee for its storage.

(d) Duration Contracts entered into under subsection (a) 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).

(f) Availability of funds The Secretary may utilize such funds as are available in the SPR Petroleum Account to carry out the activities described in subsection (a), and may obligate and expend such funds to carry out such activities, in advance of the receipt of petroleum products.

(Pub. L. 94163, title I, § 171, as added Pub. L. 101383, § 6(a)(4), Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102486, title XIV, § 1403, Oct. 24, 1992, 106 Stat. 2994; Pub. L. 106469, title I, § 103(20), Nov. 9, 2000, 114 Stat. 2033.)

Notes

Editorial Notes

Prior ProvisionsA prior section 171 of Pub. L. 94163 was renumbered section 191 and was classified to section 6251 of this title, prior to repeal by Pub. L. 10958.

Amendments2000—Subsec. (b)(2)(B). Pub. L. 106469, § 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. 106469, § 103(20)(B), substituted “sale of petroleum products from” for “distribution of”. 1992—Subsec. (f). Pub. L. 102486 added subsec. (f).