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10 U.S.C. § 8722 — Administration

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 611 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may explore, conserve, develop, use, and operate naval petroleum reserves, subject to this chapter, and may produce petroleum for national defense when the required approvals exist. Special rules govern Reserves 1–3, pipelines, sales, production rates, and extensions.

(a) The Secretary may directly or through a contract, lease, or other arrangement explore, prospect, conserve, develop, use, and operate the naval petroleum reserves, subject to this chapter and subsection (c). No petroleum lease may be granted at Reserves 1 or 3. (b) Unless this chapter, especially (c), says otherwise, the reserves are used for (1) protection, conservation, maintenance, and testing, or (2) petroleum production when the Secretary, with presidential approval, finds it needed for national defense and a joint congressional resolution authorizes it. (c)(1) For Reserves 1, 2, and 3, the Secretary is authorized and directed to (A) further explore, develop, and operate them; (B) during a paragraph (2) extension, produce at the maximum efficient rate consistent with sound engineering, or at a lower sound-engineering rate that protects and maintains the reserves if the Secretary finds the section 8730(b)(2) minimum price cannot be obtained for the United States share of petroleum other than natural-gas liquids; (C) during production or an extension, sell or otherwise dispose of the United States share under section 8730; and (D) build, acquire, or contract for storage, shipping, pipelines, and related facilities on or off the reserves to move petroleum to refining or shipping points. The Secretary may condemn a nearby non-common-carrier pipeline if its owner refuses nondiscriminatory transport at reasonable rates. With approval, rights-of-way may be acquired through eminent domain in the appropriate district court under title 40 sections 3114–3116 and 3118; the prospective holder is the legally empowered land-acquiring authority. New pipelines must be common carriers and accept and transport reserve petroleum without discrimination at reasonable rates. (2) After April 5, 1982, the President may extend production for periods of up to three years each if, for every extension, the President orders an investigation of continued need, sends Congress the investigation report and a certification that continued production is in the national interest at least 180 days before the current period ends, and neither House adopts a disapproval resolution within 90 days after receiving them.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1962Amended · Pub. L. 87-599 · 76 Stat. 401
  • 1962Amended · Pub. L. 87-796 · 76 Stat. 904
  • 1976Amended · Pub. L. 94-258 · 90 Stat. 307
  • 1979Amended · Pub. L. 96-137 · 93 Stat. 1061
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2933
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2625
  • 1986Amended · Pub. L. 99-413 · 100 Stat. 944
  • 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1605
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1297
  • 2003Amended · Pub. L. 108-178 · 117 Stat. 2641
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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