
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(c)(14)]
[CITE: 10USC7439]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                  CHAPTER 641--NAVAL PETROLEUM RESERVES
 
Sec. 7439. Certain oil shale reserves: transfer of jurisdiction 
        and petroleum exploration, development, and production
        
    (a) Transfer Required.--(1) Upon the enactment of this section, the 
Secretary of Energy shall transfer to the Secretary of the Interior 
administrative jurisdiction over all public domain lands included within 
Oil Shale Reserve Numbered 1 and those public domain lands included 
within the undeveloped tracts of Oil Shale Reserve Numbered 3.
    (2) Not later than one year after the date of the enactment of this 
section, the Secretary 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 jurisdiction, the Secretary of 
Energy shall continue to be responsible for all environmental 
restoration, waste management, and environmental compliance activities 
that are required under Federal and State laws with respect to 
conditions existing on the lands at the time of the transfer.
    (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 the date of the enactment 
of this section, or as soon thereafter as practicable, 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 Reserve Numbered 3). Any such lease shall 
be made in accordance with the requirements of the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) regarding the lease of oil and gas lands and 
shall be subject to valid existing rights.
    (2) Notwithstanding the delayed transfer of the developed tract of 
Oil Shale Reserve Numbered 3 under subsection (a)(2), the Secretary of 
the Interior shall enter into a lease under paragraph (1) with respect 
to the developed tract before the end of the one-year period beginning 
on the date of the enactment of this section.
    (c) Management.--The Secretary of the Interior, 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, development, or production of 
petroleum on the lands.
    (e) Cost Minimization.--The cost of any environmental assessment 
required pursuant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in connection with a proposed lease under this 
section shall be paid out of unobligated amounts available for 
administrative expenses of the Bureau of Land Management.
    (f) Treatment of Receipts.--(1) Notwithstanding 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 
interest charges collected under the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1701 et seq.)), and rentals) shall be 
covered 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. Subject to a specific authorization and appropriation for this 
purpose, such moneys may be used for reimbursement of environmental 
restoration, waste management, and environmental compliance costs 
incurred by the United States with respect to the lands transferred 
under subsection (a).
    (2) The period referred to in this subsection is the period 
beginning on the date of the enactment of this section 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 restoration, 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 originally 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.

(Added Pub. L. 105-85, div. C, title XXXIV, Sec. 3404(a), Nov. 18, 1997, 
111 Stat. 2059.)

                       References in Text

    The date of the enactment of this section, referred to in subsecs. 
(a)(2), (b), and (f)(2), is the date of enactment of Pub. L. 105-85, 
which was approved Nov. 18, 1997.
    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 (Sec. 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 principally to chapter 35 (Sec. 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, referred to in 
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 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. 12, 1983, 96 Stat. 2447, 
which is classified generally to chapter 29 (Sec. 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.
