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Title 42, The Public Health and WelfareRelease 119-110

§6247a Use of Underutilized Facilities

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER I — DOMESTIC SUPPLY AVAILABILITY › Part B — Strategic Petroleum Reserve › § 6247a

Last updated Sep 23, 2026|Official source

Summary

The Secretary can rent out underused Strategic Petroleum Reserve facilities to store petroleum products owned by a foreign government or its agent, for any length of time and on terms the Secretary chooses. Petroleum stored this way is kept separate from the Reserve and may be exported without a U.S. license. Agreements must charge fees that fully repay the United States for all storage and removal costs, including the share of any new replacement storage needed because of withdrawals. These storage deals must not stop the United States from withdrawing, selling, or distributing Reserve oil in an energy emergency or from meeting its duties under the Agreement on an International Energy Program. Money collected from such leases after September 30, 2007 must be used by the Secretary to buy petroleum for the Reserve without needing further approval.

Full Legal Text

Title 42, §6247a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Authority
Notwithstanding any other provision of this subchapter, the Secretary, by lease or otherwise, for any term and under such other conditions as the Secretary considers necessary or appropriate, may store in underutilized Strategic Petroleum Reserve facilities petroleum product owned by a foreign government or its representative. Petroleum products stored under this section are not part of the Strategic Petroleum Reserve and may be exported without license from the United States.
(b)Protection of facilities
All agreements entered into pursuant to subsection (a) shall contain provisions providing for fees to fully compensate the United States for all related costs of storage and removals of petroleum products (including the proportionate cost of replacement facilities necessitated as a result of any withdrawals) incurred by the United States on behalf of the foreign government or its representative.
(c)Access to stored oil
The Secretary shall ensure that agreements to store petroleum products for foreign governments or their representatives do not impair the ability of the United States to withdraw, distribute, or sell petroleum products from the Strategic Petroleum Reserve in response to an energy emergency or to the obligations of the United States under the Agreement on an International Energy Program.
(d)Availability of funds
Funds collected through the leasing of Strategic Petroleum Reserve facilities authorized by subsection (a) after September 30, 2007, shall be used by the Secretary of Energy without further appropriation for the purchase of petroleum products for the Strategic Petroleum Reserve.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6247a

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110