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PART B-NATIONAL CIVILIAN STRATEGIC PETROLEUM

RESERVE

DECLARATION OF POLICY

SEC. 251. It is hereby declared to be the policy of the 5 United States to provide for the creation of, subject to con6 gressional review, a National Civilian Strategic Petroleum 7 Reserve of not more than one billion barrels of petroleum 8 products, such Reserve to be established for the purpose of 9 reducing the impact of disruptions in imports of petroleum 10 products. It is further declared to be the policy of the United

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States to provide for the creation, as part of such Reserve, of 12 an Early Storage Reserve of not more than 150,000,000 13 barrels of petroleum products, such Early Storage Reserve to be established for the purpose of providing limited protec15 tion from the impact of near term disruptions of imports of 16 petroleum products. The National Civilian Strategic Petro17 leum Reserve shall provide for meeting regional needs for 18 residual fuel oil and refined petroleum products in the event 19 of disruptions in imports of such petroleum products.

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DEFINITIONS

SEC. 252. As used in this part:

(1) The term "interests in land" includes fee ownership, easements, leaseholds, subsurface and mineral rights.

(2) The term "storage facility" means any facility 25 which is capable of storing significant amounts of petroleum

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(3) The term "related facility" means any necessary

2 appurtenance to a storage facility, including pipelines, road3 ways, reservoirs, and salt brine lines.

4 (4) The term "Plan" means the National Civilian Stra5 tegic Petroleum Reserve Plan described in section 253(b), 6 the Early Storage Reserve Plan described in section 254(b), 7 and any proposal described in section 255(b).

8 (5) The term "National Civilian Strategic Petroleum 9 Reserve" means petroleum products stored in storage facilities 10 pursuant to this part and includes the Industrial Civilian 11 Petroleum Reserve and the Early Storage Reserve.

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(6) The term "Industrial Civilian Strategic Petroleum 13 Reserve" means that portion of the National Civilian Stra14 tegic Petroleum Reserve which consists of petroleum prod15 ucts owned by importers or refiners and acquired, stored, or 16 maintained pursuant to section 255 (e) (7).

17 (7) The term "Early Storage Reserve" means that por18 tion of the National Civilian Strategic Petroleum Reserve 19 which consists of petroleum products stored pursuant to

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(8) The term "Reserve" means the National Civilian 22 Strategic Petroleum Reserve.

TITLE II OF PUBLIC LAW 94-163, DECEMBER 22, 1975

TITLE II-STANDBY ENERGY AUTHORITIES

PART A-GENERAL EMERGENCY AUTHORITIES

CONDITIONS OF EXERCISE OF ENERGY CONSERVATION AND RATIONING AUTHORITIES

SEC. 201. (a) (1) Within 180 days after the date of enactment of this Act, the President shall transmit to the Congress pursuant to subsection (b) (1) one or more energy conservation contingency plans and a rationing contingency plan. The President may at any time submit additional contingency plans. A contingency plan may become effective only as provided in this section. Such plan may remain in effect for a period specified in the plan but not more than 9 months, unless earlier rescinded by the President.

(2) For purposes of this section, the term "contingency plan" means— (A) an energy conservation contingency plan prescribed under section 202; or

(B) a rationing contingency plan prescribed under section 203.

(b) Except as otherwise provided in subsection (d) or (e) and subject to the requirements of subsection (c), no contingency plan may become effective, unless

(1) the President has transmitted such contingency plan to the Congress in accordance with section 552 (a);

(2) such contingency plan has been approved by a resolution by each House of Congress in accordance with the procedures specified in section 552; and

(3) after approval of such contingency plan the President

(A) has found that putting such contingency plan into effect is required by a severe energy supply interruption or in order to fulfill obligations of the United States under the international energy program, and

(B) has transmitted such finding to the Congress, together with a statement of the effective date and manner for exercise of such plan. (c) In addition to the requirements of subsection (b), a rationing contingency plan approved under subsection (b) (2) may not become effective unless

(1) the President has transmitted to the Congress in accordance with section 551 (b) a request to put such rationing contingency plan into effect, and

(2) neither house of Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551.

(d) (1) Except as provided in paragraph (2) or (3), a contingency plan may not be amended unless the President has transmitted such amendment to the Congress in accordance with section 552 and each House of Congress has approved such amendment in accordance with the procedures specified in section 552.

(2) An amendment to a contingency plan which is transmitted to the Congress during any period in which such plan is in effect may take effect if the President has transmitted such amendment to the Congress in accordance with section 551(b) and neither House of Congress has disapproved (or both Houses have approved) such amendment in accordance with the procedures specified in section 551.

(3) The President may prescribe technical or clerical amendments to a contingency plan in accordance with section 523.

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(e) Beginning at any time during the 90-day period which begins on the date of enactment of this Act, the President may put a contingency plan into effect for a period of not more than 60 days if—

(1) the President

(A) has found that putting such contingency plan into effect is required by a severe energy supply interruption or is necessary to comply with obligations of the United States under the international energy program; and

(B) has transmitted such contingency plan to the Congress in accordance with section 551(b), together with a request to put such plan into effect; and

(2) neither House of Congress has disapproved (or both Houses have approved) such request in accordance with the procedures specified in section 551.

(f) Any contingency plan which the President transmits to the Congress pursuant to subsection (b) (1) or (e) (1) (B) shall contain a specific statement explaining the need for and the rationale and operation of such plan and shall be based upon a consideration of, and to the extent practicable, be accompanied by an evaluation of, the potential economic impacts of such plan, including an analysis of

(1) any effects of such plan on

(A) vital industrial sectors of the economy;

(B) employment (on a national and regional basis);

(C) the economic vitality of States and regional areas;

(D) the availability and price of consumer goods and services; and (E) the gross national product; and

(2) any potential anticompetitive effects.

ENERGY CONSERVATION CONTINGENCY PLANS

SEC. 202. (a) (1) The President shall prescribe, in accordance with section 523 (a), one or more energy conservation contingency plans. As used in this section, the term "energy conservation contingency plan" means a plan which imposes reasonable restrictions on the public or private use of energy which are necessary to reduce energy consumption. In prescribing energy conservation contingency plans, the President shall take into consideration the mobility needs of the handicapped, as defined in section 203 (a) (2) (B).

(2) An energy conservation contingency plan prescribed under this section may

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(A) impose rationing or any tax, tariff, or user fee;

(B) contain any provision respecting the price of petroleum products; or (C) provide for a credit or deduction in computing any tax.

(b) An energy conservation contingency plan shall apply in each State or political subdivision thereof, except such plan may provide for procedures for exempting any State or political subdivision thereof from such plan, in whole or part, during a period for which (1) the President determines a comparable program of such State or political subdivision is in effect, or (2) the President finds special circumstances exist in such State or political subdivision.

(c) Any energy conservation contingency plan shall not deal with more than one logically consistent subject matter.

RATIONING CONTINGENCY PLAN

SEC. 203. (a) (1) The President shall prescribe, by rule in accordance with section 523 (a) of this Act, a rationing contingency plan which shall, for purposes of enforcement under section 5 of the Emergency Petroleum Allocation Act of 1973, be deemed a part of the regulation under section 4(a) of the Emergency Petroleum Allocation Act of 1973 and which shall provide, consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4 (b) (1) of such Act—

(A) for the establishment of a program for the rationing and ordering of priorities among classes of end-users of gasoline and diesel fuel used in motor vehicles, and

(B) for the assignment of rights, and evidence of such rights, to endusers of gasoline and such diesel fuel, entitling such end-users to obtain gasoline or such diesel fuel in precedence to other classes of end-users not similarly entitled.

(2) (A) For purposes of paragraph (1), the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 shall be deemed to include consideration of the mobility needs of handicapped persons and their convenience in obtaining the end-user's rights specified in paragraph (1).

(B) For purposes of this part, the term "handicapped person" means any individual who, by reason of disease, injury, age, congenital malfunction, or other permanent incapacity or disability, is unable without special facilities, planning or design to utilize mass transportation vehicles, facilities, and services and who has a substantial, permanent impediment to mobility.

(b) Any finding required to be made by the President pursuant to section 201 (b) (3) and any request to put a rationing contingency plan into effect pursuant to section 201(e) shall be accompanied by a finding of the President that such plan is necessary to attain, to the maximum extent practicable, the objectives specified in section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 and the purposes of this Act.

(c) The President shall, by order under section 4 of the Emergency Petroleum Allocation Act of 1973, for the purpose of carrying out a rationing contingency plan which is in effect, cause such adjustments to be made in the allocations made pursuant to the regulation under section 4(a) of such Act as the President determines to be necessary to carry out the purposes of this section and to be consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of such Act and the purposes of this Act. (d) (1) The President shall, to the extent practicable, provide for the use of local boards described in paragraph (2) with authority to—

(A) receive petitions from any end-user of gasoline and diesel fuel used in motor vehicles with respect to the priority and entitlement of such user under a rationing contingency plan, and

(B) order a reclassification or modification of any determination made under a rationing contingency plan with respect to such end-user's rationing priority or rights specified in paragraph (1).

Such boards shall operate under the procedures prescribed by the President by rule.

(2) Not later than 30 days after the date of the approval of a rationing contingency plan pursuant to section 201(b) (2), the President shall, by rule, prescribe--

(A) criteria for delegation of his functions, in whole or part, under this Act with respect to such rationing contingency plan to officers or local boards (of balanced composition reflecting the community as a whole) or States or political subdivisions thereof; and

(B) procedures for petitioning for the receipt of such delegation.

(3) (A) Officers or local boards of States or political subdivisions thereof, following the establishment of criteria and procedures under paragraph (2), may petition the President to receive delegation under such paragraph. (B) The President shall, within 30 days after the date of the receipt of any such petition which is properly submitted, grant or deny such petition. (e) No rationing contingency plan under this section may

(1) impose any tax,

(2) provide for a credit or deduction in computing any tax, or (3) impose any user fee, except to the extent necessary to defray the cost of administering the rationing contingency plan or to provide for initial distribution of end-user rights specified in paragraph (1).

(f) Notwithstanding section 531, all authority to carry out any rationing contingency plan shall expire on the same date as authority to issue and enforce rules and orders under the Emergency Petroleum Allocation Act of 1973.

PART B-AUTHORITIES WITH RESPECT TO INTERNATIONAL ENERGY PROGRAM

INTERNATIONAL OIL ALLOCATION

SEC. 251. (a) The President may, by rule, require that persons engaged in producing, transporting, refining, distributing, or storing petroleum products, take such action as he determines to be necessary for implementation of the obligations of the United States under chapters III and IV of the international energy program insofar as such obligations relate to the international allocation of petroleum products. Allocation under such rule shall be in such amounts and at such prices as are specified in (or determined in a manner prescribed by) such rule. Such rule may apply to any petroleum product owned or controlled

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