10 U.S.C. § 8721 — Jurisdiction and control

Page 3359 TITLE 10—ARMED FORCES § 8722 ‘‘(b) CONDUCT OF STUDY.—The Secretary shall retain an independent petroleum consultant to conduct the study. ‘‘(c) CONSIDERATIONS UNDER STUDY.—An examination of the value to be derived by the United States from the transfer or sale of the naval petroleum reserves shall include an assessment and estimate of the fair market value of the interest of the United States in the naval petroleum reserves. The assessment and estimate shall be made in a manner consistent with customary property valuation practices in the oil and gas indus- try. ‘‘(d) REPORT AND RECOMMENDATIONS REGARDING STUDY.—Not later than June 1, 1996, the Secretary shall submit to Congress a report describing the results of the study and containing such recommendations (in- cluding proposed legislation) as the Secretary considers necessary to implement the option, or combination of options, identified in the study that would maximize the value of the naval petroleum reserves to the United States.’’ § 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 de- fense purposes, except as otherwise provided in this chapter. (b) The Secretary has exclusive jurisdiction and control over those lands inside Naval Petro- leum Reserves Numbered 1 and 2 that are cov- ered 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7421(a) ..... 34 U.S.C. 524 (1st 36 words of 1st par.). June 4, 1920, ch. 228 (1st par., 1st 36 words, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1253; June 17, 1944, ch. 262, 58 Stat. 280. 7421(b) ..... 34 U.S.C. 524 (293d word to end of 1st par.). June 4, 1920, ch. 228 (1st par., 294th word to end, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 280. 34 U.S.C. 524a. Feb. 25, 1928, ch. 104, 45 Stat. 148. In subsection (b) the reference to the transfer of ju- risdiction and administration is omitted as executed. Editorial Notes REFERENCES IN TEXT Section 194 of title 30, referred to in subsec. (b), was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644. Section 204 of title 30, included within the reference to sections 202–209 in subsec. (b), was repealed by Pub. L. 94–377, § 13(a), Aug. 4, 1976, 90 Stat. 1090, subject to valid existing rights. Sections 226d and 226e of title 30, referred to in sub- sec. (b), were omitted from the Code. See section 226 of Title 30, Mineral Lands and Mining. Section 227 of title 30, referred to in subsec. (b), was omitted from the Code. PRIOR PROVISIONS A prior section 8721, acts Aug. 10, 1956, ch. 1041, 70A Stat. 538; Sept. 2, 1958, Pub. L. 85–861, § 1(190)(A), 72 Stat. 1534, related to hospital benefits for members of Air Force, other than of Regular Air Force, prior to repeal by Pub. L. 99–661, div. A, title VI, § 604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7421 of this title as this section. 1984—Subsec. (b). Pub. L. 98–525 substituted ‘‘Naval Petroleum Reserves Numbered’’ for ‘‘naval petroleum reserves numbered’’. 1976—Subsec. (a). Pub. L. 94–258 struck out ‘‘of the Navy’’ after ‘‘Secretary’’, ‘‘and oil shale’’ after ‘‘naval petroleum’’, and substituted ‘‘for national defense pur- poses’’ for ‘‘for naval purposes’’, and ‘‘this chapter’’ for ‘‘section 7438 hereof’’. 1962—Subsec. (a). Pub. L. 87–796 empowered the Sec- retary to take possession of all properties inside the oil shale reserves, and inserted the exception clause. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8722. Administration (a) The Secretary, directly or by contract, lease, or otherwise, shall explore, prospect, con- serve, develop, use, and operate the naval petro- leum reserves in his discretion, subject to the provisions of subsection (c) and the other provi- sions of this chapter; except that no petroleum leases shall be granted at Naval Petroleum Re- serves Numbered 1 and 3. (b) Except as otherwise provided in this chap- ter, particularly subsection (c), the naval petro- leum reserves shall be used and operated for— (1) the protection, conservation, mainte- nance, 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 pro- duction is needed for national defense pur- poses and the production is authorized by a joint resolution of Congress. (c)(1) In administering Naval Petroleum Re- serves Numbered 1, 2, and 3, the Secretary is au- thorized and directed— (A) to further explore, develop, and operate such reserves; (B) to produce, during any extension of a pe- riod under paragraph (2), such reserves— (i) at the maximum efficient rate con- sistent 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