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Code · BILL · 115th Congress · S. 3618 (Introduced in Senate) — To authorize the Secretary of Energy to carry out a program to lease underused facilities of the Strategic Petroleum... · Sec. 2

Sec. 2. Use of underused Strategic Petroleum Reserve facilities

432 words·~2 min read·/bill/115/s/3618/is/section-2

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Section 168 of the Energy Policy and Conservation Act ( 42 U.S.C. 6247a ) is amended to read as follows: Notwithstanding any other provision of this title, the Secretary may establish a program (referred to in this section as the program ) under which the Secretary may lease underused storage facilities and related facilities of the Strategic Petroleum Reserve to— private entities; and foreign governments. Petroleum products stored in a storage facility or related facility leased under the program shall not be part of the Strategic Petroleum Reserve.
Each lease entered into under the program shall contain provisions requiring the lessee to pay fees to fully compensate the United States for all costs relating to the storage and removal of petroleum products (including the proportionate cost of any replacement facility necessitated as a result of any withdrawal) incurred by the United States as a result of the lease. The Secretary shall ensure that each lease entered into under the program shall 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 the obligations of the United States under the international energy program.
The Secretary shall ensure that any lease entered into under the program with a foreign government shall not impair national security. Except as provided in paragraph (2), amounts received from a lease entered into under the program shall be deposited in the general fund of the Treasury during the fiscal year in which the amounts are received. Except as provided in subparagraph (B), the Secretary, without further appropriation, may use amounts received from a lease entered into under the program for the costs described in subsection (b).
The Secretary may not use amounts received from a lease entered into under the program for any cost described in subsection (f). The Secretary may use amounts available in the Energy Security and Infrastructure Modernization Fund established by section 404 of the Bipartisan Budget Act of 2015 ( 42 U.S.C. 6239 note; Public Law 114–74 ) for costs described in subsection
(b)that relate to the addition of a facility or changes to a facility or facility operations necessary to lease the facility, including costs relating to— the acquisition of land; the acquisition of any ancillary facility or equipment; site development; and other necessary costs relating to capital improvement. . The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by striking the item relating to section 168 and inserting the following: Sec. 168. Use of underused facilities. .
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Sec. 2
Use of underused Strategic Petroleum Reserve facilities
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