review by congress and implementation

review by congress and implementation Sec. 159. (a) The Strategic Petroleum Reserve Plan shall not become effective and may not be implemented, unless— (1) the Administrator has transmitted such Plan to the Congress pursuant to section 154(b); and (2) neither House of Congress has disapproved (or both Houses have approved) such Plan, in accordance with the procedures specified in section 551. (b) For purposes of congressional review of the Strategic Petroleum Reserve Plan under subsection (a), the 5 calendar days described in section 551(f) (4) (A) shall be lengthened to 15 calendar days, and the 15 calendar days described in section 551 (c) and (d) shall be lengthened to 45 calendar days. (c) The Administrator may, prior to transmittal of the Strategic Petroleum Reserve Plan, prepare and transmit to the Congress proposals for designing, constructing, and filling storage or related facilities. Any such proposal shall be accompanied by a statement explaining (1) the need for action on such proposals prior to completion of such Plan, (2) the anticipated role of the proposed storage or related facilities in such Plan, and (3) to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (d) The Administrator may prepare amendments to the Strategic Petroleum Reserve Plan or to the Early Storage Reserve Plan. He shall transmit any such amendment to the Congress together with a 89 STAT. 887statement explaining the need for such amendment and, to the maximum extent practicable, the same or similar assessments, statements, estimates, evaluations, projections, and other information which section 154(e) requires to be included in the Strategic Petroleum Reserve Plan. (e) Any proposal transmitted under subsection (c) and any amendment transmitted under subsection (d), other than a technical or clerical amendment or an amendment to the Early Storage Reserve Plan, shall not become effective and may not be implemented unless— (1) the Administrator has transmitted such proposal or amendment to the Congress in accordance with subsection (c) or (d) (as the case may be), and (2) neither House of Congress has disapproved (or both Houses of Congress have approved) such proposal or amendment, in accordance with the procedures specified in section 551. (f) To the extent necessary or appropriate to implement— (1) the Strategic Petroleum Reserve Plan which has taken effect pursuant to subsection (a); (2) the Early Storage Reserve Plan; (3) any proposal described in subsection (c), or any amendment described in subsection (d), which such proposal or amendment has taken effect pursuant to subsection (e); and (4) any technical or clerical amendment or any amendment to the Early Storage Reserve Plan, the Administrator may: (A) promulgate rules, regulations, or orders; (B) acquire by purchase, condemnation, or otherwise, land or interests in land for the location of storage and related facilities; (C) construct, purchase, lease, or otherwise acquire storage and related facilities; (D) use, lease, maintain, sell, or otherwise dispose of storage and related facilities acquired pursuant to this part; (E) acquire, subject to the provisions of section 160, by purchase, exchange, or otherwise, petroleum products for storage in the Strategic Petroleum Reserve, including the Early Storage Reserve and the Regional Petroleum Reserve; (F) store petroleum products in storage facilities owned and controlled by the United States or in storage facilities owned by others if such facilities are subject to audit by the United States; (G) execute any contracts necessary to carry out the provisions of such Strategic ‘Petroleum Reserve Plan, Early Storage Reserve Plan, proposal or amendment; (H) require any importer of petroleum products or any refiner to (A) acquire, and (B) store and maintain in readily available inventories, petroleum products in the Industrial Petroleum Reserve, pursuant to section 156; (I) require the storage of petroleum products in the Industrial Petroleum Reserve, pursuant to section 156, on such reasonable terms as the Administrator may specify in storage facilities owned and controlled by the United States or in storage facilities other than those owned by the United States if such facilities are subject to audit by the United States; (J) require the maintenance of the Industrial Petroleum Reserve; (K) maintain the Reserve; and (L) bring an action, whenever he deems it necessary to implement the Strategic Petroleum Reserve Plan, in any court having 89 STAT. 888jurisdiction of such proceedings, to acquire by condemnation any real or personal property, including facilities, temporary use of facilities, or other interests in land, together with any personal property located thereon or used therewith. (g) Before any condemnation proceedings are instituted, an effort shall be made to acquire the property involved by negotiation, unless, the effort to acquire such property by negotiation would, in the judgment of the Administrator be futile or so time-consuming as to unreasonably delay the implementation of the Strategic Petroleum Reserve Plan, because of (1) reasonable doubt as to the identity of the owners, (2) the large number of persons with whom it would be necessary to negotiate, or (3) other reasons.