10 U.S.C. § 8739 — Certain oil shale reserves: transfer of ju-

Page 3371 TITLE 10—ARMED FORCES § 8739 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 other- wise 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 sub- section (a) and may construct, install, and oper- ate, or lease for operation additional experi- mental facilities on such lands. The Secretary may, after consultation with the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives, mine and remove, or authorize the mining and removal, of any oil shale or products therefrom from lands in the naval oil shale re- serves that may be needed for such experimen- tation. (c) Nothing in this chapter shall be con- strued— (1) to authorize the commercial development and operation of the naval oil shale reserves by the Government in competition with pri- vate 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; Pub. L. 94–258, title II, § 201(19), Apr. 5, 1976, 90 Stat. 313; Pub. L. 96–513, title V, § 513(37), Dec. 12, 1980, 94 Stat. 2934; 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; renumbered § 8738, 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) 7438 ......... 34 U.S.C. 524 (proviso of 11th par.). June 4, 1920, ch. 228 (11th par., proviso, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1254; June 17, 1944, ch. 262, 58 Stat. 281. The words ‘‘this chapter does not authorize’’ are sub- stituted for the words ‘‘nothing herein contained shall be construed to permit’’ for brevity. Editorial Notes REFERENCES IN TEXT Act April 5, 1944, referred to in subsec. (a), is act Apr. 5, 1944, ch. 172, 58 Stat. 190, as amended, which is classi- fied generally to chapter 6 (§ 321 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code see Tables. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7438 of this title as this section. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and the House of Representatives’’. 1980—Subsec. (a). Pub. L. 96–513, § 513(37)(A), sub- stituted provisions relating to authority of the Sec- retary under the specified statute, for provisions relat- ing to authority of the Administrator of the Energy Research and Development Administration under the specified statute. Subsec. (b). Pub. L. 96–513, § 513(37)(B), substituted provisions relating to authorities of the Secretary, for provisions relating to authorities of the Administrator of the Energy Research and Development Administra- tion. Subsec. (c). Pub. L. 96–513, § 513(37)(C), substituted ‘‘in this chapter’’ for ‘‘herein contained’’. 1976—Subsec. (a). Pub. L. 94–258 substituted ‘‘Admin- istrator of the Energy Research and Development Ad- ministration’’ for ‘‘Secretary of the Interior’’. Subsec. (b). Pub. L. 94–258 substituted ‘‘Administrator of the Energy Research and Development Administra- tion’’ for ‘‘Secretary of the Interior’’ wherever appear- ing therein and struck out ‘‘of the Navy’’ after ‘‘Sec- retary’’ wherever appearing. Subsec. (c). Pub. L. 94–258 struck out ‘‘of the Navy’’ after ‘‘Secretary’’. 1962—Pub. L. 87–796 amended section generally by substituting provisions relating to the possession, use, and transfer of the experimental demonstration facility near Rifle, Colorado, for provisions which stated that this chapter does not authorize the development or op- eration of the naval oil-shale reserves. 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 8739. Certain oil shale reserves: transfer of ju- risdiction and petroleum exploration, devel- opment, and production (a) TRANSFER REQUIRED.—(1) Upon the enact- ment of this section, the Secretary of Energy shall transfer to the Secretary of the Interior administrative jurisdiction over all public do- main lands included within Oil Shale Reserve Numbered 1 and those public domain lands in- cluded within the undeveloped tracts of Oil Shale Reserve Numbered 3. (2) Not later than November 18, 1998, the Sec- retary 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 jurisdic- tion, the Secretary of Energy shall continue to be responsible for all environmental restoration, waste management, and environmental compli- ance activities that are required under Federal and State laws with respect to conditions exist- ing on the lands at the time of the transfer. Page 3372 TITLE 10—ARMED FORCES § 8739 (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 prac- ticable, 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 Re- serve Numbered 3). Any such lease shall be made in accordance with the requirements of the Min- eral Leasing Act (30 U.S.C. 181 et seq.) regarding the lease of oil and gas lands and shall be sub- ject to valid existing rights. (2) Notwithstanding the delayed transfer of the developed tract of Oil Shale Reserve Num- bered 3 under subsection (a)(2), the Secretary of the Interior shall enter into a lease under para- graph (1) with respect to the developed tract be- fore November 18, 1998. (c) MANAGEMENT.—The Secretary of the Inte- rior, 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, develop- ment, or production of petroleum on the lands. (e) COST MINIMIZATION.—The cost of any envi- ronmental assessment required pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with a pro- posed lease under this section shall be paid out of unobligated amounts available for adminis- trative expenses of the Bureau of Land Manage- ment. (f) TREATMENT OF RECEIPTS.—(1) Notwith- standing 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 in- terest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be cov- ered 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 restora- tion, 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 origi- nally 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 stud- ies; and (B) an estimate of the total cost of the Sec- retary’s preferred alternative to address envi- ronmental 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 restora- tion, waste management, and environmental compliance needs at Oil Shale Reserve Num- bered 3. If the cost estimate exceeds such avail- able moneys, the Secretary of the Interior may only access such moneys as authorized by subse- quent 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; renum- bered § 8739, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act, referred to in subsec. (b)(1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified prin- cipally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (e), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Federal Oil and Gas Royalty Management Act of 1982, referred to in subsec. (f)(1), is Pub. L. 97–451, Jan. Page 3373 TITLE 10—ARMED FORCES § 8742 12, 1983, 96 Stat. 2447, which is classified generally to chapter 29 (§ 1701 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 30 and Tables. PRIOR PROVISIONS A prior section 8741 was renumbered section 9271 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7439 of this title as this section. 2002—Subsec. (f)(1). Pub. L. 107–345, § 1(1), struck out after first sentence: ‘‘Subject to a specific authoriza- tion and appropriation for this purpose, such moneys may be used for reimbursement of environmental res- toration, waste management, and environmental com- pliance costs incurred by the United States with re- spect to the lands transferred under subsection (a).’’ Subsec. (g). Pub. L. 107–345, § 1(2), added subsec. (g). 2001—Subsec. (a)(2). Pub. L. 107–107, § 1048(c)(14)(A), substituted ‘‘November 18, 1998’’ for ‘‘one year after the date of the enactment of this section’’. Subsec. (b)(1). Pub. L. 107–107, § 1048(c)(14)(B), sub- stituted ‘‘November 18, 1997,’’ for ‘‘the date of the en- actment of this section,’’. Subsec. (b)(2). Pub. L. 107–107, § 1048(c)(14)(C), sub- stituted ‘‘November 18, 1998’’ for ‘‘the end of the one- year period beginning on the date of the enactment of this section’’. Subsec. (f)(2). Pub. L. 107–107, § 1048(c)(14)(D), sub- stituted ‘‘November 18, 1997,’’ for ‘‘the date of the en- actment of this section’’. 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. CHAPTER 871—CIVILIAN EMPLOYEES Sec. 8742. Physical examination: employees engaged in hazardous occupations. 8743. Employment of aliens. 8746. Administration of oaths by clerks and em- ployees. 8747. Transportation of dependents and household effects of civilian personnel stationed out- side the United States: payment in lieu of transportation. 8748. Naval War College and Marine Corps Univer- sity: civilian faculty members. 8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard. 8749a. Civil service mariners of Military Sealift Command: alcohol testing. 8750. Special agents of the Naval Criminal Inves- tigative Service: authority to execute war- rants and make arrests. Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title X, § 1081(a)(32), Dec. 27, 2021, 135 Stat. 1921, added items 8749 and 8749a and struck out former items 8749 ‘‘Civil service mariners of military sealift command: release of drug and alcohol test results to Coast Guard’’ and 8749a ‘‘Civil service mariners of military sealift command: alcohol test- ing’’. 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(4), (f)(1), Aug. 13, 2018, 132 Stat. 1838, redesignated chapter 643 of this title as this chapter and items 7472, 7473, and 7476 to 7480 as 8742, 8743, and 8746 to 8750, respectively. Pub. L. 115–232, div. A, title XI, § 1114(c), Aug. 13, 2018, 132 Stat. 2013, added items 7479 and 7479a and struck out former item 7479 ‘‘Civil service mariners of Military Sealift Command: release of drug test results to Coast Guard’’. 2000—Pub. L. 106–398, § 1 [[div. A], title V, § 554(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–127, added item 7480. 1998—Pub. L. 105–261, div. A, title XI, § 1103(b), Oct. 17, 1998, 112 Stat. 2141, added item 7479. 1997—Pub. L. 105–85, div. A, title XI, § 1109(b)(2), Nov. 18, 1997, 111 Stat. 1927, substituted ‘‘Marine Corps Uni- versity’’ for ‘‘Marine Corps Command and Staff Col- lege’’ in item 7478. 1989—Pub. L. 101–189, div. A, title XI, § 1124(c)(2), Nov. 29, 1989, 103 Stat. 1559, substituted ‘‘Naval War College and Marine Corps Command and Staff College: civilian faculty members’’ for ‘‘Naval War College: employment of civilian professors; compensation’’ in item 7478. 1966—Pub. L. 89–718, § 43, Nov. 2, 1966, 80 Stat. 1120, struck out item 7474 ‘‘Wage rates: establishment’’. 1959—Pub. L. 86–148, § 1(2), Aug. 7, 1959, 73 Stat. 302, struck out item 7475 ‘‘Force at naval activities not to be increased before elections’’. 1958—Pub. L. 85–861, § 1(151), Sept. 2, 1958, 72 Stat. 1513, struck out item 7471 ‘‘Appointments: professional and scientific services’’. § 8742. Physical examination: employees engaged in hazardous occupations (a) The Secretary of the Navy may provide for physical examination by civilians of employees engaged in hazardous occupations, where the professional services of the Medical Department are not available. The Secretary may com- pensate these civilians for their services, on a contract or fee basis, at the rates customary in the locality. (b) The Secretary, to the extent he considers proper, may delegate the authority conferred by this section to any person in the Department of the Navy, with or without the authority to make successive redelegations. (Aug. 10, 1956, ch. 1041, 70A Stat. 462, § 7472; re- numbered § 8742, Pub. L. 115–232, div. A, title VIII, § 807(d)(6), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7472 ......... 5 U.S.C. 415c. Aug. 2, 1946, ch. 756, § 2, 60 Stat. 853. 5 U.S.C. 412a. Aug. 2, 1946, ch. 756, § 39, 60 Stat. 858. In subsection (b) the words ‘‘except the authority to prescribe regulations’’ are omitted, since 5 U.S.C. 415c contains no authority for the Secretary of the Navy to prescribe regulations for the administration of that section. Editorial Notes PRIOR PROVISIONS A prior section 8742 was renumbered section 9272 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7472 of this title as this section. 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