Collapse to view only § 8736. Regulations
- § 8720. Definitions
- § 8721. Jurisdiction and control
- § 8722. Administration
- § 8723. Periodic re-examination of production requirements
- § 8724. Protection of oil reserves; contracts for conservation
- § 8725. Acquisition by condemnation and purchase
- § 8727. Cooperative or unit plans in the naval petroleum reserves
- § 8728. Agreements and leases: provision for change
- § 8729. Re-lease of certain lands: lessee’s preferential right
- § 8730. Disposition of products
- § 8731. Requirements as to consultation and approval
- § 8732. Authorizations of appropriations
- § 8733. Disposition of royalties
- § 8735. Foreign interest
- § 8736. Regulations
- § 8737. Violations by lessee
- § 8738. Rifle, Colorado, plant; possession, use, and transfer of
- § 8739. Certain oil shale reserves: transfer of jurisdiction and petroleum exploration, development, and production
§ 8720. Definitions
In this chapter:
(1) The term “national defense” includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions.
(2) The term “naval petroleum reserves” means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated
(3) The term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.
(4) The term “Secretary” means the Secretary of Energy.
(5) The term “small refiner” means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration.
(6) The term “maximum efficient rate” means the maximum sustainable daily oil or gas rate from a reservoir which will permit economic development and depletion of that reservoir without detriment to the ultimate recovery.
(Added Pub. L. 94–258, title II, § 201(1), Apr. 5, 1976, 90 Stat. 307, § 7420; amended Pub. L. 96–513, title V, § 513(30), Dec. 12, 1980, 94 Stat. 2933; Pub. L. 100–26, § 7(k)(5), Apr. 21, 1987, 101 Stat. 284; renumbered § 8720, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8721. Jurisdiction and control
(a) The Secretary shall take possession of all properties inside the naval petroleum reserves that are or may become subject to the control of and use by the United States for national defense purposes, except as otherwise provided in this chapter.
(b) The Secretary has exclusive jurisdiction and control over those lands inside Naval Petroleum Reserves Numbered 1 and 2 that are covered by leases granted under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and 261–263 of title 30, and shall administer those leases.
(Aug. 10, 1956, ch. 1041, 70A Stat. 457, § 7421; Pub. L. 87–796, § 1(1), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(2), Apr. 5, 1976, 90 Stat. 307; Pub. L. 98–525, title XIV, § 1405(50), Oct. 19, 1984, 98 Stat. 2625; renumbered § 8721, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8722. Administration
(a) The Secretary, directly or by contract, lease, or otherwise, shall explore, prospect, conserve, develop, use, and operate the naval petroleum reserves in his discretion, subject to the provisions of subsection (c) and the other provisions of this chapter; except that no petroleum leases shall be granted at Naval Petroleum Reserves Numbered 1 and 3.
(b) Except as otherwise provided in this chapter, particularly subsection (c), the naval petroleum reserves shall be used and operated for—
(1) the protection, conservation, maintenance, and testing of those reserves; or
(2) the production of petroleum whenever and to the extent that the Secretary, with the approval of the President, finds that such production is needed for national defense purposes and the production is authorized by a joint resolution of Congress.
(c)
(1) In administering Naval Petroleum Reserves Numbered 1, 2, and 3, the Secretary is authorized and directed—
(A) to further explore, develop, and operate such reserves;
(B) to produce, during any extension of a period under paragraph (2), such reserves—
(i) at the maximum efficient rate consistent with sound engineering practices; or
(ii) at a lesser rate consistent with sound engineering practices and the protection, conservation, maintenance, and testing of such reserves if the Secretary determines that the minimum price described in section 8730(b)(2) of this title cannot be attained for the United States share of petroleum (other than natural gas liquids) produced from such Reserves;
(C) during such production period or any extension thereof to sell or otherwise dispose of the United States share of such petroleum produced from such reserves as provided in section 8730 of this title; and
(D) to construct, acquire, or contract for the use of storage and shipping facilities on and off the reserves and pipelines and associated facilities on and off the reserves for transporting petroleum from such reserves to the points where the production from such reserves will be refined or shipped.
Any pipeline in the vicinity of a naval petroleum reserve not otherwise operated as a common carrier may be acquired by the Secretary by condemnation, if necessary, if the owner thereof refuses to accept, convey, and transport without discrimination and at reasonable rates any petroleum produced at such reserve. With the approval of the Secretary, rights-of-way for new pipelines and associated facilities may be acquired by the exercise of the right of eminent domain in the appropriate United States district court. Such rights-of-way may be acquired in the manner set forth in sections 3114–3116 and 3118 of title 40, and the prospective holder of the right-of-way is “the authority empowered by law to acquire the land” within the meaning of those sections. Such new pipelines shall accept, convey, and transport without discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier.
(2) After April 5, 1982, the President may extend the period of production in the case of any naval petroleum reserve for additional periods of not to exceed three years each—
(A) after the President requires an investigation to be made, in the case of each extension, to determine the necessity for continued production from such naval petroleum reserve;
(B) after the President submits to the Congress, at least 180 days before the expiration of the current production period prescribed by this section, or any extension thereof, a copy of the report made to him on such investigation together with a certification by him that continued production from such naval petroleum reserve is in the national interest; and
(C) if neither House of Congress within ninety days after receipt of such report and certification adopts a resolution disapproving further production from such naval petroleum reserve.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422; Pub. L. 87–599, § 1, Aug. 24, 1962, 76 Stat. 401; Pub. L. 87–796, § 1(2), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(3), Apr. 5, 1976, 90 Stat. 307; Pub. L. 96–137, § 3(a), Dec. 12, 1979, 93 Stat. 1061; Pub. L. 96–513, title V, § 513(31), Dec. 12, 1980, 94 Stat. 2933; Pub. L. 98–525, title XIV, § 1405(51), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 99–413, § 1(a), Aug. 29, 1986, 100 Stat. 944; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–242; Pub. L. 101–189, div. A, title XVI, § 1622(f)(2), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 107–217, § 3(b)(30), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–178, § 4(b)(6), Dec. 15, 2003, 117 Stat. 2641; renumbered § 8722 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8723. Periodic re-examination of production requirements
The Secretary shall from time to time reexamine the need for the production of petroleum from oil shale for national defense when that production is authorized under section 8722 of this title. If he finds that the authorized quantity is no longer needed, he shall reduce production to the amount currently needed for national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7423; Pub. L. 87–796, § 1(3), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(4), Apr. 5, 1976, 90 Stat. 309; renumbered § 8723 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8724. Protection of oil reserves; contracts for conservation
(a) To consolidate and protect the oil lands owned by the United States, the Secretary may—
(1) contract with owners and lessees of land inside or adjoining naval petroleum reserves for—
(A) conservation of oil and gas; and
(B) compensation for estimated drainage in lieu of drilling or operating offset wells; and
(2) acquire privately owned lands or leases inside Naval Petroleum Reserve Numbered 1 by exchange of—
(A) lands of the United States inside Naval Petroleum Reserve Numbered 1;
(B) the right to royalty production from any of the naval petroleum reserves; and
(C) the right to any money due the United States as a result of the wrongful extraction of petroleum products from lands inside Naval Petroleum Reserve Numbered 1.
(b) The Secretary shall report annually to Congress all agreements under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7424; Pub. L. 87–796, § 1(4), Oct. 11, 1962, 76 Stat. 904; Pub. L. 94–258, title II, § 201(5), Apr. 5, 1976, 90 Stat. 309; Pub. L. 96–513, title V, § 513(32)(A), Dec. 12, 1980, 94 Stat. 2933; renumbered § 8724, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8725. Acquisition by condemnation and purchase
(a) Whenever the Secretary is unable to make arrangements he considers satisfactory for exchanges of land or agreements for conservation authorized by section 8724 of this title, the Secretary may acquire, with the approval of the President, such privately owned lands and leases—
(1) by purchase, inside the naval petroleum reserves, or outside those reserves on the same geologic structure; and
(2) by condemnation, inside Naval Petroleum Reserve Numbered 1, or, if there is substantial drainage, outside that reserve on the same geologic structure.
(b) The Secretary shall report annually to Congress all proceedings for purchase and condemnation under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7425; Pub. L. 94–258, title II, § 201(6), Apr. 5, 1976, 90 Stat. 309; Pub. L. 96–513, title V, § 513(32)(A), Dec. 12, 1980, 94 Stat. 2933; Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3402(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–484; renumbered § 8725 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8727. Cooperative or unit plans in the naval petroleum reserves
The Secretary, with the consent of the President, may make agreements, with respect to lands inside the naval petroleum reserves, of the same type as the Secretary of the Interior may make under section 17(m) of the Act of February 25, 1920 (30 U.S.C. 226(m)). No such agreement made by the Secretary may extend the term of any lease unless the agreement so provides.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7427; Pub. L. 94–258, title II, § 201(8), Apr. 5, 1976, 90 Stat. 309; Pub. L. 96–513, title V, § 513(33), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 100–456, div. A, title XII, § 1233(g)(3), Sept. 29, 1988, 102 Stat. 2058; renumbered § 8727, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8728. Agreements and leases: provision for change
Every unit or cooperative plan of development and operation and every lease affecting lands owned by the United States within Naval Petroleum Reserve Numbered 2 and the oil shale reserves shall contain a provision authorizing the Secretary, subject to approval by the President and to any limitation in the plan or lease, to change from time to time the rate of prospecting and development on, and the quantity and rate of production from, lands of the United States under the plan or lease, notwithstanding any other provision of law.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7428; Pub. L. 87–796, § 1(5), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(9), Apr. 5, 1976, 90 Stat. 309; Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3402(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–484; renumbered § 8728, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8729. Re-lease of certain lands: lessee’s preferential right
The Secretary, on terms prescribed by him, may re-lease lands in the naval petroleum reserves that were covered by leases made before July 1, 1936, and terminated by law at the expiration of their initial twenty-year periods. If any such land is to be re-leased, the Secretary shall give to the former lessee preferential rights to the new lease.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7429; Pub. L. 94–258, title II, § 201(10), Apr. 5, 1976, 90 Stat. 309; renumbered § 8729, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8730. Disposition of products
(a) In administering the naval petroleum reserves under this chapter, the Secretary shall use, store, or sell the petroleum produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans.
(b)
(1) Subject to paragraph (2) and notwithstanding any other provision of law, each sale of the United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, at such time, in such amounts, and after such advertising as the Secretary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products. Each sale of the United States share of petroleum shall be for periods of not more than one year, except that a sale of natural gas may be made for a period of more than one year.
(2) The Secretary may not sell any part of the United States share of petroleum produced from Naval Petroleum Reserves Numbered 2 and 3 at a price less than the current sales price, as estimated by the Secretary, of comparable petroleum in the same area.
(3) For purposes of paragraph (2), the term “petroleum” does not include natural gas liquids.
(c) In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 percent of the estimated annual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1.
(d) Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and equal opportunity for the acquisition of petroleum by all interested persons, including major and independent oil producers and refiners alike. When the Secretary, in consultation with the Secretary of the Interior, determines that the public interests will be served by the sale of petroleum to small refiners not having their own adequate sources of supply of petroleum, the Secretary is authorized and directed to set aside a portion of the United States share of petroleum produced for sale to such refiners under the provisions of this section for processing or use in such refineries, except that—
(1) none of the production sold to small refiners may be resold in kind;
(2) production must be sold at a cost of not less than the prevailing local market price of comparable petroleum;
(3) the set-aside portion may not exceed 25 percent of the estimated annual United States share of the total production from all producing naval petroleum reserves; and
(4) notwithstanding the provisions of subsection (b), the Secretary may, at his discretion if he deems it to be in the public interest, prorate such petroleum among such refiners for sale, without competition, at not less than the prevailing local market price of comparable petroleum.
(e) Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1979, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1979.
(f) During the period of production or any extension thereof authorized by section 8722(c) of this title, the consultation and approval requirements of section 8731(a)(3) of this title are waived.
(g)
(1) Prior to the promulgation of any rules and regulations, plans of development and amendments thereto, and in the entering and making of contracts and operating agreements relating to the development, production, or sale of petroleum in or from the reserves, the Secretary shall consult with and give due consideration to the views of the Attorney General of the United States with respect to matters which may affect competition.
(2) No contract or operating agreement may be made, issued, or executed under this chapter until at least 15 days after the Secretary notifies the Attorney General of the proposed contract or operating agreement. Such notification shall contain such information as the Attorney General may require in order to advise the Secretary as to whether such contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws. If, within such 15-day period, the Attorney General advises the Secretary that a contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws, then the Secretary may not make, issue, or execute that contract or operating agreement.
(h) Nothing in this chapter shall be deemed to confer on any person immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws.
(i) In this section, the term “antitrust laws” means—
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq.);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9); and
(5) sections 2, 3, and 4 of the Act of June 19, 1936 (commonly referred to as the “Robinson-Patman Act”) (15 U.S.C. 13a, 13b, and 21a).
(j) Any pipeline which accepts, conveys, or transports any petroleum produced from Naval Petroleum Reserves Numbered 1 or Numbered 3 shall accept, convey, and transport without discrimination and at reasonable rates any such petroleum as a common carrier insofar as petroleum from such reserves is concerned. Every contract entered into by the Secretary for the sale of any petroleum owned by the United States which is produced from such reserves shall contain provisions implementing the requirements of the preceding sentence if the contractor owns a controlling interest in any pipeline or any company operating any pipeline, or is the operator of any pipeline, which carries any petroleum produced from such naval petroleum reserves. The Secretary may promulgate rules and regulations for the purpose of carrying out the provisions of this section and he, or the Secretary of the Interior where the authority extends to him, may declare forfeit any contract, operating agreement, right-of-way, permit, or easement held by any person violating any such rule or regulation. This section shall not apply to any natural gas common carrier pipeline operated by any person subject to regulation under the Natural Gas Act (15 U.S.C. 717 et seq.) or any public utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality.
(k)
(1) With respect to all or any part of the United States share of petroleum produced from the naval petroleum reserves, the President may direct that the Secretary—
(A) place that petroleum in the Strategic Petroleum Reserve as authorized by sections 151 through 166 of the Energy Policy and Conservation Act (42 U.S.C. 6231–6246); or
(B) exchange, directly or indirectly, that petroleum for other petroleum to be placed in the Strategic Petroleum Reserve under such terms and conditions and by such methods as the Secretary determines to be appropriate, without regard to otherwise applicable Federal procurement statutes and regulations.
(2) The requirements of section 159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) do not apply to actions taken under this subsection.
(l)
(1) Notwithstanding any other provision of this chapter (but subject to paragraph (2)), during any period in which the production of petroleum is authorized from Naval Petroleum Reserves Numbered 1, 2, or 3, the Secretary, at the request of the Secretary of Defense, may provide any portion of the United States share of petroleum so produced to the Department of Defense for its use, exchange, or sale in order to meet petroleum product requirements of the Department of Defense.
(2) Petroleum may be provided to the Department of Defense under paragraph (1) either directly or by such exchange as the Secretary deems appropriate. Appropriate reimbursement reasonably reflecting the fair market value shall be provided by the Secretary of Defense for petroleum provided under this subsection.
(3) Any exchange made pursuant to this subsection may be made without regard to otherwise applicable Federal procurement statutes and regulations.
(4) Paragraph (1) does not apply to any petroleum set aside for small refiners under subsection (d) or placed in the Strategic Petroleum Reserve under subsection (k).
(Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7430; Pub. L. 87–599, § 2, Aug. 24, 1962, 76 Stat. 401; Pub. L. 87–796, § 1(6), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(11), Apr. 5, 1976, 90 Stat. 309; Pub. L. 96–294, title VIII, § 804, June 30, 1980, 94 Stat. 777; Pub. L. 96–513, title V, § 513(34), Dec. 12, 1980, 94 Stat. 2934; Pub. L. 97–22, § 11(a)(10), July 10, 1981, 95 Stat. 138; Pub. L. 98–525, title XIV, § 1405(53), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 99–413, § 1(b), (c), Aug. 29, 1986, 100 Stat. 944, 945; Pub. L. 100–26, § 7(k)(9), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–202, § 101(g) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–213, 1329–242; Pub. L. 100–456, div. A, title XII, § 1233(e)(2), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3401], Oct. 30, 2000, 114 Stat. 1654, 1654A–484; Pub. L. 107–107, div. A, title X, § 1048(e)(12), Dec. 28, 2001, 115 Stat. 1228; Pub. L. 114–328, div. A, title X, § 1081(b)(3)(E), Dec. 23, 2016, 130 Stat. 2419; renumbered § 8730 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8731. Requirements as to consultation and approval
(a) The Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives must be consulted and the President’s approval must be obtained before any condemnation proceedings may be started under this chapter and before any of the following transactions authorized by this chapter may be effective:
(1) A lease of any part of the naval petroleum reserves.
(2) A contract to alienate from the United States the use, control, or possession of any part of the naval petroleum reserves (except that consultation and Presidential approval are not required in connection with the issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar contracts pertaining to use of the surface area of the naval petroleum reserves).
(3) A contract to sell the petroleum (other than royalty oil and gas) produced from any part of the naval petroleum reserves.
(4) A contract for conservation or for compensation for estimated drainage.
(5) An agreement to exchange land, the right to royalty production, or the right to any money due the United States.
(b)
(1) During the period of production authorized by section 8722(c) of this title, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration, development, and production of the naval petroleum reserves.
(2) All plans or substantial amendments submitted to the Congress pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on competition. Such plans or amendments shall not be implemented until sixty days after such plans or amendments have been submitted to such committees.
(Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431; Pub. L. 87–796, § 1(7), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(12), Apr. 5, 1976, 90 Stat. 311; Pub. L. 98–525, title XIV, § 1405(52), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 99–145, title XIII, § 1303(a)(25), Nov. 8, 1985, 99 Stat. 740; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–92, div. A, title X, § 1073(b), Nov. 25, 2015, 129 Stat. 995; renumbered § 8731 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8732. Authorizations of appropriations
(a) Funds for the following purposes may not be appropriated unless such appropriations have been specifically authorized by law:
(1) Exploration, prospecting, conservation, development, use, operations, and production of the naval petroleum reserves as authorized by this chapter.
(2) Production (including preparation for production) as authorized by this chapter or as may be authorized after April 5, 1976.
(3) The construction and operation of facilities both within and outside the naval petroleum reserves incident to the production and the delivery of petroleum, including pipelines and shipping terminals.
Sums appropriated for such purposes shall remain available until expended.
(b) Contracts under this chapter providing for the obligation of funds may be entered into for a period of five years, renewable for an additional five-year period; however, such contracts may obligate funds only to the extent that such funds are made available in appropriation Acts.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7432; Pub. L. 87–796, § 1(8), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(13), Apr. 5, 1976, 90 Stat. 312; Pub. L. 96–137, § 3(b)(1), Dec. 12, 1979, 93 Stat. 1061; Pub. L. 96–513, title V, § 513(35), Dec. 12, 1980, 94 Stat. 2934; renumbered § 8732, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8733. Disposition of royalties
(a) Any oil, gas, gasoline or other substance accruing to the United States as royalty from any lease under this chapter shall be delivered to the United States, or shall be paid for in money, as the Secretary elects.
(b) All money accruing to the United States from lands in the naval petroleum reserves shall be covered into the Treasury.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7433; Pub. L. 87–796, § 1(9), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(14), (15), Apr. 5, 1976, 90 Stat. 313; renumbered § 8733, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8735. Foreign interest
(a) If the laws, customs, or regulations of any foreign country deny the privilege of leasing public lands to citizens or corporations of the United States, citizens of that foreign country, or corporations controlled by citizens of that country, may not, by contract made after July 1, 1937, or by stock ownership, holding, or control, acquire or own any interest in, or right to any benefit from, any lease of land in the naval petroleum, naval oil shale, or other naval fuel reserves made under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and 261–263 of title 30, or under this chapter.
(b) The Secretary may cancel any lease for any violation of this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7435; Pub. L. 87–796, § 1(11), Oct. 11, 1962, 76 Stat. 906; Pub. L. 94–258, title II, § 201(17), Apr. 5, 1976, 90 Stat. 313; renumbered § 8735, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8736. Regulations
(a) The Secretary may prescribe regulations and take any proper action to accomplish the purposes of this chapter.
(b) All statements, reports, and representations required by the regulations shall be under oath, unless otherwise specified, and in such form as the Secretary requires.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7436; Pub. L. 94–258, title II, § 201(18), Apr. 5, 1976, 90 Stat. 313; renumbered § 8736, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)
§ 8737. Violations by lessee
(a) If a lessee fails to comply with any provision of this chapter, of his lease, or of regulations issued under section 8736 of this title that are in force on the date of his lease, the lease may be forfeited and cancelled by an appropriate proceeding in the United States district court for the district in which any part of the property is located.
(b) The lease may provide appropriate methods for the settlement of disputes and remedies for breach of specified conditions.
(Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7437; renumbered § 8737 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
§ 8738. Rifle, Colorado, plant; possession, use, and transfer of
(a) The Secretary shall take possession of the experimental demonstration facility near Rifle, Colorado, which was constructed and operated by the Department of the Interior on lands on or near the naval oil shale reserves under the Act of April 5, 1944 (30 U.S.C. 321 et seq.).
(b) The Secretary, subject to the approval of the President, shall by contract, lease, or otherwise encourage the use of the facility described in subsection (a) in research, development, test, evaluation, and demonstration work. For such purposes the Secretary may use or lease for use by institutions, organizations, or individuals, public or private, the facility described in subsection (a) and may construct, install, and operate, or lease for operation additional experimental facilities on such lands. The Secretary may, after consultation with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, mine and remove, or authorize the mining and removal, of any oil shale or products therefrom from lands in the naval oil shale reserves that may be needed for such experimentation.
(c) Nothing in this chapter shall be construed—
(1) to authorize the commercial development and operation of the naval oil shale reserves by the Government in competition with private industry; or
(2) in diminution of the responsibility of the Secretary in providing oil shale and products therefrom for needs of national defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 462, § 7438; Pub. L. 87–796, § 1(12), Oct. 11, 1962, 76 Stat. 906;
§ 8739. Certain oil shale reserves: transfer of jurisdiction and petroleum exploration, development, and production
(a)Transfer Required.—
(1) Upon the enactment of this section, the Secretary of Energy shall transfer to the Secretary of the Interior administrative jurisdiction over all public domain lands included within Oil Shale Reserve Numbered 1 and those public domain lands included within the undeveloped tracts of Oil Shale Reserve Numbered 3.
(2) Not later than November 18, 1998, the Secretary of Energy shall transfer to the Secretary of the Interior administrative jurisdiction over those public domain lands included within the developed tract of Oil Shale Reserve Numbered 3, which consists of approximately 6,000 acres and 24 natural gas wells, together with pipelines and associated facilities.
(3) Notwithstanding the transfer of jurisdiction, the Secretary of Energy shall continue to be responsible for all environmental restoration, waste management, and environmental compliance activities that are required under Federal and State laws with respect to conditions existing on the lands at the time of the transfer.
(4) Upon the transfer to the Secretary of the Interior of jurisdiction over public domain lands under this subsection, the other provisions of this chapter shall cease to apply with respect to the transferred lands.
(b)Authority To Lease.—
(1) Beginning on November 18, 1997, or as soon thereafter as practicable, the Secretary of the Interior shall enter into leases with one or more private entities for the purpose of exploration for, and development and production of, petroleum (other than in the form of oil shale) located on or in public domain lands in Oil Shale Reserves Numbered 1 and 3 (including the developed tract of Oil Shale Reserve Numbered 3). Any such lease shall be made in accordance with the requirements of the Mineral Leasing Act (30 U.S.C. 181 et seq.) regarding the lease of oil and gas lands and shall be subject to valid existing rights.
(2) Notwithstanding the delayed transfer of the developed tract of Oil Shale Reserve Numbered 3 under subsection (a)(2), the Secretary of the Interior shall enter into a lease under paragraph (1) with respect to the developed tract before November 18, 1998.
(c)Management.—The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the lands transferred under subsection (a) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other laws applicable to the public lands.
(d)Transfer of Existing Equipment.—The lease of lands by the Secretary of the Interior under this section may include the transfer, at fair market value, of any well, gathering line, or related equipment owned by the United States on the lands transferred under subsection (a) and suitable for use in the exploration, development, or production of petroleum on the lands.
(e)Cost Minimization.—The cost of any environmental assessment required pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with a proposed lease under this section shall be paid out of unobligated amounts available for administrative expenses of the Bureau of Land Management.
(f)Treatment of Receipts.—
(1) Notwithstanding section 35 of the Mineral Leasing Act (30 U.S.C. 191), all moneys received during the period specified in paragraph (2) from a lease under this section (including moneys in the form of sales, bonuses, royalties (including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be covered into the Treasury of the United States and shall not be subject to distribution to the States pursuant to subsection (a) of such section 35.
(2) The period referred to in this subsection is the period beginning on November 18, 1997, and ending on the date on which the Secretary of Energy and the Secretary of the Interior jointly certify to Congress that the sum of the moneys deposited in the Treasury under paragraph (1) is equal to the total of the following:
(A) The cost of all environmental restoration, waste management, and environmental compliance activities incurred by the United States with respect to the lands transferred under subsection (a).
(B) The cost to the United States to originally install wells, gathering lines, and related equipment on the transferred lands and any other cost incurred by the United States with respect to the lands.
(g)Use of Receipts.—
(1) The Secretary of the Interior may use, without further appropriation, not more than $1,500,000 of the moneys covered into the Treasury under subsection (f)(1) to cover the cost of any additional analysis, site characterization, and geotechnical studies deemed necessary by the Secretary to support environmental restoration, waste management, or environmental compliance with respect to Oil Shale Reserve Numbered 3. Upon the completion of such studies, the Secretary of the Interior shall submit to Congress a report containing—
(A) the results and conclusions of such studies; and
(B) an estimate of the total cost of the Secretary’s preferred alternative to address environmental restoration, waste management, and environmental compliance needs at Oil Shale Reserve Numbered 3.
(2) If the cost estimate required by paragraph (1)(B) does not exceed the total of the moneys covered into the Treasury under subsection (f)(1) and remaining available for obligation as of the date of submission of the report under paragraph (1), the Secretary of the Interior may access such moneys, beginning 60 days after submission of the report and without further appropriation, to cover the costs of implementing the preferred alternative to address environmental restoration, waste management, and environmental compliance needs at Oil Shale Reserve Numbered 3. If the cost estimate exceeds such available moneys, the Secretary of the Interior may only access such moneys as authorized by subsequent Act of Congress.
(Added Pub. L. 105–85, div. C, title XXXIV, § 3404(a), Nov. 18, 1997, 111 Stat. 2059, § 7439; amended Pub. L. 107–107, div. A, title X, § 1048(c)(14), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 107–345, § 1, Dec. 17, 2002, 116 Stat. 2894; renumbered § 8739, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.)