42 U.S.C. § 6504 — Administration of reserve

Page 6833 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6504 use them to carry out the provisions of this chapter. (e) Unexpended funds previously appropriated for use in connection with reserve and civil- ian personnel ceilings assigned to manage- ment and operation of reserve On the date of transfer of jurisdiction of the reserve, the Secretary of the Navy shall transfer to the Secretary of the Interior all unexpended funds previously appropriated for use in connec- tion with the reserve and all civilian personnel ceilings assigned by the Secretary of the Navy to the management and operation of the reserve as of January 1, 1976. (Pub. L. 94–258, title I, § 103, Apr. 5, 1976, 90 Stat. 303.) § 6504. Administration of reserve (a) Conduct of exploration within designated areas to protect surface values Any exploration within the Utukok River, the Teshekpuk Lake areas, and other areas des- ignated by the Secretary of the Interior con- taining any significant subsistence, rec- reational, fish and wildlife, or historical or sce- nic value, shall be conducted in a manner which will assure the maximum protection of such sur- face values to the extent consistent with the re- quirements of this Act for the exploration of the reserve. (b) Continuation of ongoing petroleum explo- ration program by Secretary of Navy prior to date of transfer of jurisdiction; duties of Sec- retary of Navy prior to transfer date The Secretary of the Navy shall continue the ongoing petroleum exploration program within the reserve until the date of the transfer of ju- risdiction specified in section 6503(a) of this title. Prior to the date of such transfer of juris- diction the Secretary of the Navy shall— (1) cooperate fully with the Secretary of the Interior providing him access to such facilities and such information as he may request to fa- cilitate the transfer of jurisdiction; (2) provide to the Committee on Energy and Natural Resources of the Senate and the Com- mittee on Natural Resources of the House of Representatives copies of any reports, plans, or contracts pertaining to the reserve that are required to be submitted to the Committees on Armed Services of the Senate and the House of Representatives; and (3) cooperate and consult with the Secretary of the Interior before executing any new con- tract or amendment to any existing contract pertaining to the reserve and allow him a rea- sonable opportunity to comment on such con- tract or amendment, as the case may be. (c) Commencement of petroleum exploration by Secretary of the Interior as of date of trans- fer of jurisdiction; powers and duties of Sec- retary of the Interior in conduct of explo- ration The Secretary of the Interior shall commence further petroleum exploration of the reserve as of the date of transfer of jurisdiction specified in section 6503(a) of this title. In conducting this exploration effort, the Secretary of the Inte- rior— (1) is authorized to enter into contracts for the exploration of the reserve, except that no such contract may be entered into until at least thirty days after the Secretary of the In- terior has provided the Attorney General with a copy of the proposed contract and such other information as may be appropriate to deter- mine legal sufficiency and possible violations under, or inconsistencies with, the antitrust laws. If, within such thirty day period, the At- torney General advises the Secretary of the Interior that any such contract would unduly restrict competition or be inconsistent with the antitrust laws, then the Secretary of the Interior may not execute that contract; (2) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives any new plans or substan- tial amendments to ongoing plans for the ex- ploration of the reserve. All such plans or amendments submitted to such committees 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 imple- mented until sixty days after they have been submitted to such committees; and (3) shall report annually to the Committee on Energy and Natural Resources of the Sen- ate and the Committee on Natural Resources of the House of Representatives on the progress of, and future plans for, exploration of the reserve. (Pub. L. 94–258, title I, § 104, Apr. 5, 1976, 90 Stat. 304; Pub. L. 98–366, § 4(b), July 17, 1984, 98 Stat. 470; Pub. L. 103–437, § 15(q), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 109–58, title III, § 347(c), Aug. 8, 2005, 119 Stat. 708.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 94–258, Apr. 5, 1976, 90 Stat. 303, known as the Naval Petroleum Reserves Production Act of 1976, which enacted this chapter and section 7420 of Title 10, Armed Forces, and amended section 6244 of this title and sections 7421 to 7436 and 7438 of Title 10. For complete classification of this Act to the Code, see Short Note set out under sec- tion 6501 of this title and Tables. AMENDMENTS 2005—Pub. L. 109–58 redesignated subsecs. (b) to (d) as (a) to (c), respectively, and struck out former subsec. (a) which read as follows: ‘‘Except as provided in sub- section (e) of this section, production of petroleum from the reserve is prohibited and no development lead- ing to production of petroleum from the reserve shall be undertaken until authorized by an Act of Congress.’’ 1994—Subsecs. (c)(2), (d)(2), (3). Pub. L. 103–437 sub- stituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House’’ for ‘‘Committees on Interior and Insular Affairs of the Senate and the House’’. 1984—Subsec. (e). Pub. L. 98–366 struck out subsec. (e) which read as follows: ‘‘Until the reserve is transferred to the jurisdiction of the Secretary of the Interior, the Secretary of the Navy is authorized to develop and con- tinue operation of the South Barrow gas field, or such other fields as may be necessary, to supply gas at rea- sonable and equitable rates to the native village of Bar- row, and other communities and installations at or Page 6834 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6505 near Point Barrow, Alaska, and to installations of the Department of Defense and other agencies of the United States located at or near Point Barrow, Alaska. After such transfer, the Secretary of the Interior shall take such actions as may be necessary to continue such service to such village, communities, installations, and agencies at reasonable and equitable rates.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–366, § 4(b), July 17, 1984, 98 Stat. 470, pro- vided that the amendment made by that section is ef- fective Oct. 1, 1984. § 6505. Executive department responsibility for studies to determine procedures used in de- velopment, production, transportation, and distribution of petroleum resources in re- serve; reports to Congress by President; es- tablishment of task force by Secretary of the Interior; purposes; membership; report and recommendations to Congress by Secretary; contents (a) Omitted (b)(1) The President shall direct such Execu- tive departments and/or agencies as he may deem appropriate to conduct a study, in con- sultation with representatives of the State of Alaska, to determine the best overall procedures to be used in the development, production, transportation, and distribution of petroleum resources in the reserve. Such study shall in- clude, but shall not be limited to, a consider- ation of— (A) the alternative procedures for accom- plishing the development, production, trans- portation, and distribution of the petroleum resources from the reserve, and (B) the economic and environmental con- sequences of such alternative procedures. (2) The President shall make semiannual progress reports on the implementation of this subsection to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives beginning not later than six months after April 5, 1976, and shall, not later than one year after the transfer of jurisdiction of the reserve, and annually thereafter, report any findings or conclusions developed as a result of such study together with appropriate sup- porting data and such recommendations as he deems desirable. The study shall be completed and submitted to such committees, together with recommended procedures and any proposed legislation necessary to implement such proce- dures not later than January 1, 1980. (c)(1) The Secretary of the Interior shall estab- lish a task force to conduct a study to deter- mine the values of, and best uses for, the lands contained in the reserve, taking into consider- ation (A) the natives who live or depend upon such lands, (B) the scenic, historical, rec- reational, fish and wildlife, and wilderness val- ues, (C) mineral potential, and (D) other values of such lands. (2) Such task force shall be composed of rep- resentatives from the government of Alaska, the Arctic slope native community, and such offices and bureaus of the Department of the Interior as the Secretary of the Interior deems appropriate, including, but not limited to, the Bureau of Land Management, the United States Fish and Wildlife Service, the United States Geological Survey, and the United States Bureau of Mines. (3) The Secretary of the Interior shall submit a report, together with the concurring or dis- senting views, if any, of any non-Federal rep- resentatives of the task force, of the results of such study to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within three years after April 5, 1976, and shall include in such report his rec- ommendations with respect to the value, best use, and appropriate designation of the lands re- ferred to in paragraph (1). (Pub. L. 94–258, title I, § 105, Apr. 5, 1976, 90 Stat. 305; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.) Editorial Notes CODIFICATION Subsec. (a) of this section amended former section 6244 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (c)(2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30, Mineral Lands and Mining. Committee on Interior and Insular Affairs of Senate abolished and replaced by Committee on Energy and Natural Resources of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Com- mittee System Reorganization Amendments of 1977’’), approved Feb. 4, 1977. Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. § 6506. Applicability of antitrust provisions; plans and proposals submitted to Congress to con- tain report by Attorney General on impact of plans and proposals on competition Unless otherwise provided by Act of Congress, whenever development leading to production of petroleum is authorized, the provisions of sub- sections (g), (h), and (i) of section 8730 of title 10 shall be deemed applicable to the Secretary of the Interior with respect to rules and regula- tions, plans of development and amendments thereto, and contracts and operating agree- ments. All plans and proposals submitted to the Congress under this chapter or pursuant to leg- islation authorizing development leading to pro- duction shall contain a report by the Attorney General of the United States on the anticipated effects upon competition of such plans and pro- posals. (Pub. L. 94–258, title I, § 106, Apr. 5, 1976, 90 Stat. 306; Pub. L. 115–232, div. A, title VIII, § 809(n)(1), Aug. 13, 2018, 132 Stat. 1844.)