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119th Congress

Title 10 — Armed Forces

Part IV · Chapter 869 — Naval Petroleum Reserves

§ 8722. Administration

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422 · 70A Stat. 458

    Enacted · 10 U.S.C. § 8722

    Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422

  2. Pub. L. 87–599 § 1 · 76 Stat. 401

    Added · 10 U.S.C. § 8722(c)

    Pub. L. 87–599 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–599 added subsec. (c).

  3. Pub. L. 87–796 § 1(2) · 76 Stat. 904

    Substituted · 10 U.S.C. § 8722(a)

    Pub. L. 87–796 substituted “Except as otherwise provided in section 7438 hereof, the Secretary” for “The Secretary”, and included oil shale reserves

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–796 substituted “Except as otherwise provided in section 7438 hereof, the Secretary” for “The Secretary”, and included oil shale reserves.

    Enacted provision · exact public law section
    (1) Section 7421 is amended to read as follows: “(a) The Secretary of the Navy shall take possession of all properties inside the naval petroleum and oil shale reserves that are or may become subject to the control of and use by the United States for naval purposes, except as otherwise provided in section 7438 hereof. “(b) The Secretary has exclusive jurisdiction and control over those lands inside naval petroleum reserves numbered 1 and 2 that are covered 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 41 Stat. 437. Administration. Post, p. 906. 261–263 of title 30, and shall administer those leases.”

  4. Pub. L. 87–796 § 1(2) · 76 Stat. 904

    Substituted · 10 U.S.C. § 8722(b)

    Pub. L. 87–796 included oil shale reserves in the opening provisions, and substituted “petroleum, gas, oil shale and products thereof whenever” for “petroleum whenever” in cl. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 87–796 included oil shale reserves in the opening provisions, and substituted “petroleum, gas, oil shale and products thereof whenever” for “petroleum whenever” in cl. (2).

    Enacted provision · exact public law section
    (1) Section 7421 is amended to read as follows: “(a) The Secretary of the Navy shall take possession of all properties inside the naval petroleum and oil shale reserves that are or may become subject to the control of and use by the United States for naval purposes, except as otherwise provided in section 7438 hereof. “(b) The Secretary has exclusive jurisdiction and control over those lands inside naval petroleum reserves numbered 1 and 2 that are covered 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 41 Stat. 437. Administration. Post, p. 906. 261–263 of title 30, and shall administer those leases.”

  5. Naval Petroleum Reserves Production Act of 1976

    Pub. L. 94–258 title II § 201(3) · 90 Stat. 303

    Substituted · 10 U.S.C. § 8722(a)

    Pub. L. 94–258 substituted provisions authorizing the Secretary to explore, etc., the naval petroleum reserves in his discretion, subject to subsec. (c) of this section and this chapter and excepting specified Reserves from leasing arrangements, for provisions authorizing the Secretary of the Navy, except as provided in section 7438 hereof, to explore, etc., the naval petroleum preserves and oil shale reserves in his discretion, subject to Presidential approval

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–258 substituted provisions authorizing the Secretary to explore, etc., the naval petroleum reserves in his discretion, subject to subsec. (c) of this section and this chapter and excepting specified Reserves from leasing arrangements, for provisions authorizing the Secretary of the Navy, except as provided in section 7438 hereof, to explore, etc., the naval petroleum preserves and oil shale reserves in his discretion, subject to Presidential approval.

    Enacted provision · exact public law section
    (3) The text of section 7422 is amended to reed as follows: 10 USC 7422. “(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) of this section, 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) commencing within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976, to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period not to exceed six year’s after the date of enactment of such Act; “(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 hereinafter provided; 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 the Act of February 26, 1931, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a)), and the prospective holder of the right-of-way is ‘the authority empowered by law to acquire the lands’ within the meaning of that Act. Such new pipelines shall accept, convey, and transport, without, discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier. Pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection shall have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and shall be fully operable as soon as possible, but not later than throe years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976. “(2) At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection 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 one hundred eighty days prior to 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. “(3) The production authorization set forth in paragraph (1)(B) of this subsection, in the case of Naval Petroleum Reserve Numbered 1, is conditioned upon the private owner of any lands or interests therein within such reserve agreeing with the Secretary to continue operations of such reserve under a unitized plan contract which adequately protects the public interest: however, if such agreement is not reached within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976 the Secretary is authorized to exercise the authority for condemnation conferred by section 7425 of this chapter.”.

  6. Naval Petroleum Reserves Production Act of 1976

    Pub. L. 94–258 title II § 201(3) · 90 Stat. 303

    Substituted · 10 U.S.C. § 8722(b)

    Pub. L. 94–258 in introductory cl. substituted provisions authorizing use and operation of naval petroleum reserves except as otherwise provided in this chapter and in particular subsec. (c) of this section, for provisions authorizing use and operation of naval petroleum and oil shale reserves and lands outside naval petroleum reserve numbered 1 covered by contracts under section 7426 of this title and in cl. (2) struck out reference to gas, oil shale and products thereof

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–258 in introductory cl. substituted provisions authorizing use and operation of naval petroleum reserves except as otherwise provided in this chapter and in particular subsec. (c) of this section, for provisions authorizing use and operation of naval petroleum and oil shale reserves and lands outside naval petroleum reserve numbered 1 covered by contracts under section 7426 of this title and in cl. (2) struck out reference to gas, oil shale and products thereof.

    Enacted provision · exact public law section
    (3) The text of section 7422 is amended to reed as follows: 10 USC 7422. “(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) of this section, 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) commencing within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976, to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period not to exceed six year’s after the date of enactment of such Act; “(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 hereinafter provided; 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 the Act of February 26, 1931, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a)), and the prospective holder of the right-of-way is ‘the authority empowered by law to acquire the lands’ within the meaning of that Act. Such new pipelines shall accept, convey, and transport, without, discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier. Pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection shall have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and shall be fully operable as soon as possible, but not later than throe years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976. “(2) At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection 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 one hundred eighty days prior to 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. “(3) The production authorization set forth in paragraph (1)(B) of this subsection, in the case of Naval Petroleum Reserve Numbered 1, is conditioned upon the private owner of any lands or interests therein within such reserve agreeing with the Secretary to continue operations of such reserve under a unitized plan contract which adequately protects the public interest: however, if such agreement is not reached within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976 the Secretary is authorized to exercise the authority for condemnation conferred by section 7425 of this chapter.”.

  7. Naval Petroleum Reserves Production Act of 1976

    Pub. L. 94–258 title II § 201(3) · 90 Stat. 303

    Substituted · 10 U.S.C. § 8722(c)

    Pub. L. 94–258 substituted provisions setting forth manner of administration by Secretary of Naval Petroleum Reserves Numbered 1, 2, and 3, authorizing President to extend period of production of any naval petroleum reserve, and conditioning production authorization for Reserve Numbered 1, for provisions authorizing the Secretary to develop naval petroleum reserve numbered 4, South Barrow gas field, and to supply gas to government installations at or near Point Barrow and to the native village of Barrow

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–258 substituted provisions setting forth manner of administration by Secretary of Naval Petroleum Reserves Numbered 1, 2, and 3, authorizing President to extend period of production of any naval petroleum reserve, and conditioning production authorization for Reserve Numbered 1, for provisions authorizing the Secretary to develop naval petroleum reserve numbered 4, South Barrow gas field, and to supply gas to government installations at or near Point Barrow and to the native village of Barrow.

    Enacted provision · exact public law section
    (3) The text of section 7422 is amended to reed as follows: 10 USC 7422. “(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) of this section, 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) commencing within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976, to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period not to exceed six year’s after the date of enactment of such Act; “(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 hereinafter provided; 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 the Act of February 26, 1931, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a)), and the prospective holder of the right-of-way is ‘the authority empowered by law to acquire the lands’ within the meaning of that Act. Such new pipelines shall accept, convey, and transport, without, discrimination and at reasonable rates any petroleum produced at such reserves as a common carrier. Pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection shall have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and shall be fully operable as soon as possible, but not later than throe years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976. “(2) At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection 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 one hundred eighty days prior to 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. “(3) The production authorization set forth in paragraph (1)(B) of this subsection, in the case of Naval Petroleum Reserve Numbered 1, is conditioned upon the private owner of any lands or interests therein within such reserve agreeing with the Secretary to continue operations of such reserve under a unitized plan contract which adequately protects the public interest: however, if such agreement is not reached within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976 the Secretary is authorized to exercise the authority for condemnation conferred by section 7425 of this chapter.”.

  8. Pub. L. 96–137 § 3(a) · 93 Stat. 1061

    Struck · 10 U.S.C. § 8722(c)(1)

    Pub. L. 96–137 struck out in text following subpar. (D), provision requiring that pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and be fully operable as soon as possible, but not later than three years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 96–137 struck out in text following subpar. (D), provision requiring that pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and be fully operable as soon as possible, but not later than three years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976.

    Enacted provision · exact public law section
    (a) Section 7422(c) of title 10, United States Code, is amended by striking out the last sentence of paragraph (1).

  9. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(31)(A) · 94 Stat. 2835

    1. Substituted · 10 U.S.C. § 8722(c)(1)

      Pub. L. 96–513, § 513(31)(A)–(D), in cl. (B) substituted provisions respecting termination on April 5, 1982, for provisions respecting commencement and termination, respectively, ninety days after date of enactment of the Naval Petroleum Reserves Production Act of 1976, and not to exceed six years after such date, in cl. (C) substituted “provided in section 7430 of this title” for “hereinafter provided”

    2. Substituted · 10 U.S.C. § 8722(c)(1)

      Pub. L. 96–513, § 513(31)(A)–(D), in cl. (B) substituted provisions respecting termination on April 5, 1982, for provisions respecting commencement and termination, respectively, ninety days after date of enactment of the Naval Petroleum Reserves Production Act of 1976, and not to exceed six years after such date, in cl. (C) substituted “discrimination” for “discrimiation”

    3. Substituted · 10 U.S.C. § 8722(c)(1)

      Pub. L. 96–513, § 513(31)(A)–(D), in cl. (B) substituted provisions respecting termination on April 5, 1982, for provisions respecting commencement and termination, respectively, ninety days after date of enactment of the Naval Petroleum Reserves Production Act of 1976, and not to exceed six years after such date, in cl. (C) substituted “(40 U.S.C. 258a–258e)” for “, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a))”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 96–513, § 513(31)(A)–(D), in cl. (B) substituted provisions respecting termination on April 5, 1982, for provisions respecting commencement and termination, respectively, ninety days after date of enactment of the Naval Petroleum Reserves Production Act of 1976, and not to exceed six years after such date, in cl. (C) substituted “provided in section 7430 of this title” for “hereinafter provided”, and in text following cl. (D) substituted “discrimination” for “discrimiation”, and “(40 U.S.C. 258a–258e)” for “, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a))”.

    Enacted provision · exact public law section
    (A) by striking out paragraph (1)(B) and inserting in lieu thereof the following: “(B) to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period ending not later than April 5, 1982;”;

  10. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(31)(E) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8722(c)(2)

    Pub. L. 96–513, § 513(31)(E), substituted “After April 5, 1982,” for “At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 96–513, § 513(31)(E), substituted “After April 5, 1982,” for “At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection”.

    Enacted provision · exact public law section
    (E) by striking out “At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection” in paragraph (2) and inserting in lieu thereof “After April 5, 1987; and

  11. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(31)(F) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8722(c)(3)

    Pub. L. 96–513, § 513(31)(F), substituted “by July 4, 1976” for “within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 96–513, § 513(31)(F), substituted “by July 4, 1976” for “within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976”.

    Enacted provision · exact public law section
    (F) by striking out “ within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976” in paragraph (3) and inserting in lieu thereof “by July 4, 1976”

  12. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1405(51) · 98 Stat. 2492

    Struck · 10 U.S.C. § 8722(b)

    Pub. L. 98–525 struck out “of this section” after “subsection (c)” in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–525 struck out “of this section” after “subsection (c)” in provisions preceding par. (1).

    Enacted provision · exact public law section
    (51) Section 7422(b) is amended by striking out “of this section”

  13. Pub. L. 99–413 § 1(a)(1) · 100 Stat. 944

    1. Added · 10 U.S.C. § 8722(c)(1)(B)

      Pub. L. 99–413, § 1(a)(1), added subpar. (B)

    2. Struck · 10 U.S.C. § 8722(c)(1)(B)

      Pub. L. 99–413, § 1(a)(1), struck out former subpar. (B) which read as follows: “to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period ending not later than April 5, 1982;”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 99–413, § 1(a)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period ending not later than April 5, 1982;”.

    Enacted provision · exact public law section
    (1) Section 7422(c)(1) of title 10, United States Code, is amended by striking out subparagraph (B) and inserting in lieu thereof the following: “(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 7430(b)(2) of this title cannot be attained for the United States share of petroleum produced from such Reserves;”.

  14. Pub. L. 99–413 § 1(a)(2) · 100 Stat. 944

    Struck · 10 U.S.C. § 8722(c)(3)

    Pub. L. 99–413, § 1(a)(2), struck out par. (3) which conditioned the production authorization for Naval Petroleum Reserve Numbered 1 upon private owners’ agreements with the Secretary to continue operations of such reserve under a unitized plan contract that protected the public interest

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 99–413, § 1(a)(2), struck out par. (3) which conditioned the production authorization for Naval Petroleum Reserve Numbered 1 upon private owners’ agreements with the Secretary to continue operations of such reserve under a unitized plan contract that protected the public interest.

    Enacted provision · exact public law section
    (2) Section 7422(c) of such title is amended by striking out paragraph (3).

  15. Department of Commerce Appropriation Act, 1988

    Pub. L. 100–202 § 101(g)(tII)(s201) · 101 Stat. 1329

    Inserted · 10 U.S.C. § 8722(c)(1)(B)(ii)

    Pub. L. 100–202 inserted “(other than natural gas liquids)” after “petroleum”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(ii). Pub. L. 100–202 inserted “(other than natural gas liquids)” after “petroleum”.

    Enacted provision · exact public law section
    Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

  16. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title XVI § 1622(f)(2) · 103 Stat. 1352

    Substituted · 10 U.S.C. § 8722(c)(2)(B)

    Pub. L. 101–189 substituted “180 days before” for “one hundred eighty days prior to”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 101–189 substituted “180 days before” for “one hundred eighty days prior to”.

    Enacted provision · exact public law section
    (2) Section 7422(c)(2)(B) is amended by striking out “one hundred eighty days prior to” and inserting in lieu thereof “180 days before”.

  17. Pub. L. 107–217 § 3(b)(30) · 116 Stat. 1062

    Substituted · 10 U.S.C. § 8722(c)(1)

    Pub. L. 107–217 substituted “sections 3114–3116 and 3118 of title 40” for “the Act of February 26, 1931 (40 U.S.C. 258a–258e)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–217 substituted “sections 3114–3116 and 3118 of title 40” for “the Act of February 26, 1931 (40 U.S.C. 258a–258e)” in concluding provisions.

    Enacted provision · exact public law section
    (30) In section 7422(c)(1), strike “the Act of February 26, 1931 (40 U.S.C. 258a-258e)” and substitute “sections 31143116 and 3118 of title 40”.

  18. Pub. L. 108–178 § 4(b)(6) · 117 Stat. 2637

    Substituted · 10 U.S.C. § 8722(c)(1)

    Pub. L. 108–178 substituted “land’ within the meaning of those sections” for “lands’ within the meaning of that Act” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–178 substituted “land’ within the meaning of those sections” for “lands’ within the meaning of that Act” in concluding provisions.

    Enacted provision · exact public law section
    (6) In section 7422(c)(1) (matter after cl. (D)), strike “lands’ within the meaning of that Act” and substitute “land’ within the meaning of those sections”.

  19. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 807(d)(5) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8722

    Pub. L. 115–232, § 807(d)(5), renumbered section 7422 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 807(d)(5), renumbered section 7422 of this title as this section.

    Enacted provision · exact public law section
    (5) Chapter 641.— Each section in chapter 641 is 10 USC 8720–8725, 8727–8733, 8735–8739. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300.

    Effective date note
    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.

  20. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 8722(c)(1)(B)(ii)

    Pub. L. 115–232, § 809(a), substituted “section 8730(b)(2)” for “section 7430(b)(2)”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(ii). Pub. L. 115–232, § 809(a), substituted “section 8730(b)(2)” for “section 7430(b)(2)”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    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.

  21. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 8722(c)(1)(C)

    Pub. L. 115–232, § 809(a), substituted “section 8730” for “section 7430”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 115–232, § 809(a), substituted “section 8730” for “section 7430”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    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.

22 of 24 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
742234 U.S.C. 524 (1st par., 37th through 62d words, and 123d through 185th words).June 4, 1920, ch. 228 (1st par., 37th through 62d words, and 123d through 185th words, 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.

Editorial Notes

Prior Provisions

Section 8722, acts Aug. 10, 1956, ch. 1041, 70A Stat. 539; , Pub. L. 85–861, § 1(190)(B), (C), 72 Stat. 1534, related to hospital and related benefits for members of a Citizens’ Air Training Camp and for members of Air Force not covered by former section 8721 of this title, prior to repeal by Pub. L. 99–661, div. A, title VI, § 604(f)(1)(A), , 100 Stat. 3877.

Amendments1962–2018 · 11 rounds

2018

Pub. L. 115–232, § 807(d)(5), renumbered section 7422 of this title as this section.

Subsec. (c)(1)(B)(ii). Pub. L. 115–232, § 809(a), substituted “section 8730(b)(2)” for “section 7430(b)(2)”.

Subsec. (c)(1)(C). Pub. L. 115–232, § 809(a), substituted “section 8730” for “section 7430”.

2003

Subsec. (c)(1). Pub. L. 108–178 substituted “land’ within the meaning of those sections” for “lands’ within the meaning of that Act” in concluding provisions.

2002

Subsec. (c)(1). Pub. L. 107–217 substituted “sections 3114–3116 and 3118 of title 40” for “the Act of (40 U.S.C. 258a–258e)” in concluding provisions.

1989

Subsec. (c)(2)(B). Pub. L. 101–189 substituted “180 days before” for “one hundred eighty days prior to”.

1987

Subsec. (c)(1)(B)(ii). Pub. L. 100–202 inserted “(other than natural gas liquids)” after “petroleum”.

1986

Subsec. (c)(1)(B). Pub. L. 99–413, § 1(a)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “to produce such reserves at the maximum efficient rate consistent with sound engineering practices for a period ending not later than ;”.

Subsec. (c)(3). Pub. L. 99–413, § 1(a)(2), struck out par. (3) which conditioned the production authorization for Naval Petroleum Reserve Numbered 1 upon private owners’ agreements with the Secretary to continue operations of such reserve under a unitized plan contract that protected the public interest.

1984

Subsec. (b). Pub. L. 98–525 struck out “of this section” after “subsection (c)” in provisions preceding par. (1).

1980

Subsec. (c)(1). Pub. L. 96–513, § 513(31)(A)–(D), in cl. (B) substituted provisions respecting termination on , for provisions respecting commencement and termination, respectively, ninety days after date of enactment of the Naval Petroleum Reserves Production Act of 1976, and not to exceed six years after such date, in cl. (C) substituted “provided in section 7430 of this title” for “hereinafter provided”, and in text following cl. (D) substituted “discrimination” for “discrimiation”, and “(40 U.S.C. 258a–258e)” for “, chapter 307 (46 Stat. 1421; 40 U.S.C. 258(a))”.

Subsec. (c)(2). Pub. L. 96–513, § 513(31)(E), substituted “After ,” for “At the conclusion of the six-year production period authorized by paragraph (1)(B) of this subsection”.

Subsec. (c)(3). Pub. L. 96–513, § 513(31)(F), substituted “by ” for “within ninety days after the date of enactment of the Naval Petroleum Reserves Production Act of 1976”.

1979

Subsec. (c)(1). Pub. L. 96–137 struck out in text following subpar. (D), provision requiring that pipelines and associated facilities constructed at or procured for Naval Petroleum Reserve Numbered 1 pursuant to this subsection have adequate capacity to accommodate not less than three hundred fifty thousand barrels of oil per day and be fully operable as soon as possible, but not later than three years after the date of enactment of the Naval Petroleum Reserves Production Act of 1976.

1976

Subsec. (a). Pub. L. 94–258 substituted provisions authorizing the Secretary to explore, etc., the naval petroleum reserves in his discretion, subject to subsec. (c) of this section and this chapter and excepting specified Reserves from leasing arrangements, for provisions authorizing the Secretary of the Navy, except as provided in section 7438 hereof, to explore, etc., the naval petroleum preserves and oil shale reserves in his discretion, subject to Presidential approval.

Subsec. (b). Pub. L. 94–258 in introductory cl. substituted provisions authorizing use and operation of naval petroleum reserves except as otherwise provided in this chapter and in particular subsec. (c) of this section, for provisions authorizing use and operation of naval petroleum and oil shale reserves and lands outside naval petroleum reserve numbered 1 covered by contracts under section 7426 of this title and in cl. (2) struck out reference to gas, oil shale and products thereof.

Subsec. (c). Pub. L. 94–258 substituted provisions setting forth manner of administration by Secretary of Naval Petroleum Reserves Numbered 1, 2, and 3, authorizing President to extend period of production of any naval petroleum reserve, and conditioning production authorization for Reserve Numbered 1, for provisions authorizing the Secretary to develop naval petroleum reserve numbered 4, South Barrow gas field, and to supply gas to government installations at or near Point Barrow and to the native village of Barrow.

1962

Subsec. (a). Pub. L. 87–796 substituted “Except as otherwise provided in section 7438 hereof, the Secretary” for “The Secretary”, and included oil shale reserves.

Subsec. (b). Pub. L. 87–796 included oil shale reserves in the opening provisions, and substituted “petroleum, gas, oil shale and products thereof whenever” for “petroleum whenever” in cl. (2).

Subsec. (c). Pub. L. 87–599 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , 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 2003 Amendment

Amendment by Pub. L. 108–178 effective , see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Availability of Revenues From Sale of Natural Gas for Use in Gas Protection Activity

Pub. L. 101–512, title II, , 104 Stat. 1947, provided in part: “That, notwithstanding any other provision of law, revenues received from the sale of natural gas after the date of enactment of this Act [] from wells drilled or communitized in fiscal year 1990 and thereafter as part of gas protection activity at the Naval Oil Shale Reserves shall be deposited in this account, to remain available until expended, for use in further gas protection activity”.

Connections to Pipeline in South Barrow Gas Field

Pub. L. 87–599, § 3, , 76 Stat. 401, provided that: “The Federal agency or agencies in control of any pipeline between gas wells in the South Barrow gas field and the town of Barrow may authorize purchasers of the gas or carriers of the gas to install connections to such pipeline.”

Credits

1956–2018 · 13 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422
  2. 1962Pub. L. 87–599, § 1, , 76 Stat. 401
  3. 1962Pub. L. 87–796, § 1(2), , 76 Stat. 904
  4. 1976Pub. L. 94–258, title II, § 201(3), , 90 Stat. 307
  5. 1979Pub. L. 96–137, § 3(a), , 93 Stat. 1061
  6. 1980Pub. L. 96–513, title V, § 513(31), , 94 Stat. 2933
  7. 1984Pub. L. 98–525, title XIV, § 1405(51), , 98 Stat. 2625
  8. 1986Pub. L. 99–413, § 1(a), , 100 Stat. 944
  9. 1987Pub. L. 100–202, § 101(g) [title II, § 201], , 101 Stat. 1329–213, 1329–242
  10. 1989Pub. L. 101–189, div. A, title XVI, § 1622(f)(2), , 103 Stat. 1605
  11. 2002Pub. L. 107–217, § 3(b)(30), , 116 Stat. 1297
  12. 2003Pub. L. 108–178, § 4(b)(6), , 117 Stat. 2641
  13. 2018renumbered § 8722 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), , 132 Stat. 1836, 1840.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 458, § 7422; Pub. L. 87–599, § 1, , 76 Stat. 401; Pub. L. 87–796, § 1(2), , 76 Stat. 904; Pub. L. 94–258, title II, § 201(3), , 90 Stat. 307; Pub. L. 96–137, § 3(a), , 93 Stat. 1061; Pub. L. 96–513, title V, § 513(31), , 94 Stat. 2933; Pub. L. 98–525, title XIV, § 1405(51), , 98 Stat. 2625; Pub. L. 99–413, § 1(a), , 100 Stat. 944; Pub. L. 100–202, § 101(g) [title II, § 201], , 101 Stat. 1329–213, 1329–242; Pub. L. 101–189, div. A, title XVI, § 1622(f)(2), , 103 Stat. 1605; Pub. L. 107–217, § 3(b)(30), , 116 Stat. 1297; Pub. L. 108–178, § 4(b)(6), , 117 Stat. 2641; renumbered § 8722 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), , 132 Stat. 1836, 1840.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s8722