
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7438]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                  CHAPTER 641--NAVAL PETROLEUM RESERVES
 
Sec. 7438. 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; Pub. L. 87-796, Sec. 1(12), 
Oct. 11, 1962, 76 Stat. 906; Pub. L. 94-258, title II, Sec. 201(19), 
Apr. 5, 1976, 90 Stat. 313; Pub. L. 96-513, title V, Sec. 513(37), Dec. 
12, 1980, 94 Stat. 2934; Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, 
title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
7438..................................  34 U.S.C. 524 (proviso of 11th       Ju
ne 4, 1920, ch. 228 (11th par.,
                                         par.).                               p
roviso, of amended 3d and 4th
                                                                              p
rovisos), 41 Stat. 813; June 30,
                                                                              1
938, ch. 851, Sec.  1, 52 Stat.
                                                                              1
254; June 17, 1944, ch. 262, 58
                                                                              S
tat. 281.
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---------------------------------

    The words ``this chapter does not authorize'' are substituted for 
the words ``nothing herein contained shall be construed to permit'' for 
brevity.

                       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 classified generally to 
chapter 6 (Sec. 321 et seq.) of Title 30, Mineral Lands and Mining. For 
complete classification of this Act to the Code see Tables.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 substituted ``and the Committee on 
Armed Services'' for ``and the Committee on National Security''.
    1996--Subsec. (b). Pub. L. 104-106 substituted ``Committee on Armed 
Services of the Senate and the Committee on National Security of the 
House of Representatives'' for ``Committees on Armed Services of the 
Senate and the House of Representatives''.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 513(37)(A), substituted 
provisions relating to authority of the Secretary under the specified 
statute, for provisions relating to authority of the Administrator of 
the Energy Research and Development Administration under the specified 
statute.
    Subsec. (b). Pub. L. 96-513, Sec. 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 
Administration.
    Subsec. (c). Pub. L. 96-513, Sec. 513(37)(C), substituted ``in this 
chapter'' for ``herein contained''.
    1976--Subsec. (a). Pub. L. 94-258 substituted ``Administrator of the 
Energy Research and Development Administration'' for ``Secretary of the 
Interior''.
    Subsec. (b). Pub. L. 94-258 substituted ``Administrator of the 
Energy Research and Development Administration'' for ``Secretary of the 
Interior'' wherever appearing therein and struck out ``of the Navy'' 
after ``Secretary'' 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 
operation of the naval oil-shale reserves.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7421, 7422 of this title; 
title 43 section 1601.
