2011 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps (§§ 5001 - 7921)
Part IV - GENERAL ADMINISTRATION (§§ 7201 - 7921)
Chapter 641 - NAVAL PETROLEUM RESERVES (§§ 7420 - 7439)
Section 7439 - Certain oil shale reserves: transfer of jurisdiction and petroleum exploration, development, and...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 7439 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 105-85, div. C, title XXXIV, §3404(a), Nov. 18, 1997, 111 Stat. 2059; 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. |
Statutes at Large References | 41 Stat. 437 83 Stat. 852 90 Stat. 2743 96 Stat. 2447 111 Stat. 2059 115 Stat. 1226 116 Stat. 2894 |
Public Law References | Public Law 91-190, Public Law 94-579, Public Law 97-451, Public Law 105-85, Public Law 107-107, Public Law 107-345 |
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(a)
(2) Not later than November 18, 1998, 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)
(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 November 18, 1998.
(c)
(d)
(e)
(f)
(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 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.
(g)
(A) the results and conclusions of such studies; and
(B) an estimate of the total cost of the Secretary's preferred alternative to address environmental 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 restoration, waste management, and environmental compliance needs at Oil Shale Reserve Numbered 3. If the cost estimate exceeds such available moneys, the Secretary of the Interior may only access such moneys as authorized by subsequent Act of Congress.
(Added Pub. L. 105–85, div. C, title XXXIV, §3404(a), Nov. 18, 1997, 111 Stat. 2059; 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.)
References in TextThe 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 principally 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, 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 (§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 (§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.
Amendments2002—Subsec. (f)(1). Pub. L. 107–345, §1(1), struck out after first sentence: “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).”
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), substituted “November 18, 1997,” for “the date of the enactment of this section,”.
Subsec. (b)(2). Pub. L. 107–107, §1048(c)(14)(C), substituted “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), substituted “November 18, 1997,” for “the date of the enactment of this section”.
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