10 U.S.C. § 8730 | Disposition of products

(a)

In administering the naval petroleum reserves under this chapter, the Secretary shall use, store, or sell the petroleum produced from the naval petroleum reserves and lands covered by joint, unit, or other cooperative plans.

(b)

(1)

Subject to paragraph (2) and notwithstanding any other provision of law, each sale of the United States share of petroleum shall be made by the Secretary at public sale to the highest qualified bidder, at such time, in such amounts, and after such advertising as the Secretary considers proper and without regard to Federal, State, or local regulations controlling sales or allocation of petroleum products. Each sale of the United States share of petroleum shall be for periods of not more than one year, except that a sale of natural gas may be made for a period of more than one year.

(2)

The Secretary may not sell any part of the United States share of petroleum produced from Naval Petroleum Reserves Numbered 2 and 3 at a price less than the current sales price, as estimated by the Secretary, of comparable petroleum in the same area.

(3)

For purposes of paragraph (2), the term “petroleum” does not include natural gas liquids.

(c)

In no event shall the Secretary permit the award of any contract which would result in any person obtaining control, directly or indirectly, over more than 20 percent of the estimated annual United States share of petroleum produced from Naval Petroleum Reserve Numbered 1.

(d)

Each proposal for sale under this title shall provide that the terms of every sale of the United States share of petroleum from the naval petroleum reserves shall be so structured as to give full and equal opportunity for the acquisition of petroleum by all interested persons, including major and independent oil producers and refiners alike. When the Secretary, in consultation with the Secretary of the Interior, determines that the public interests will be served by the sale of petroleum to small refiners not having their own adequate sources of supply of petroleum, the Secretary is authorized and directed to set aside a portion of the United States share of petroleum produced for sale to such refiners under the provisions of this section for processing or use in such refineries, except that—

(1)

none of the production sold to small refiners may be resold in kind;

(2)

production must be sold at a cost of not less than the prevailing local market price of comparable petroleum;

(3)

the set-aside portion may not exceed 25 percent of the estimated annual United States share of the total production from all producing naval petroleum reserves; and

(4)

notwithstanding the provisions of subsection (b), the Secretary may, at his discretion if he deems it to be in the public interest, prorate such petroleum among such refiners for sale, without competition, at not less than the prevailing local market price of comparable petroleum.

(e)

50 U.S.C. 4601 Any petroleum produced from the naval petroleum reserves, except such petroleum which is either exchanged in similar quantities for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1979 ( et seq.) and, in addition, before any petroleum subject to this section may be exported under the limitations and licensing requirement and penalty and enforcement provisions of the Export Administration Act of 1979, the President must make and publish an express finding that such exports will not diminish the total quality or quantity of petroleum available to the United States and that such exports are in the national interest and are in accord with the Export Administration Act of 1979.

(f)

section 8722(c) of this title section 8731(a)(3) of this title During the period of production or any extension thereof authorized by , the consultation and approval requirements of are waived.

(g)

(1)

Prior to the promulgation of any rules and regulations, plans of development and amendments thereto, and in the entering and making of contracts and operating agreements relating to the development, production, or sale of petroleum in or from the reserves, the Secretary shall consult with and give due consideration to the views of the Attorney General of the United States with respect to matters which may affect competition.

(2)

No contract or operating agreement may be made, issued, or executed under this chapter until at least 15 days after the Secretary notifies the Attorney General of the proposed contract or operating agreement. Such notification shall contain such information as the Attorney General may require in order to advise the Secretary as to whether such contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws. If, within such 15-day period, the Attorney General advises the Secretary that a contract or operating agreement may create or maintain a situation inconsistent with the antitrust laws, then the Secretary may not make, issue, or execute that contract or operating agreement.

(h)

Nothing in this chapter shall be deemed to confer on any person immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws.

(i)

In this section, the term “antitrust laws” means—

(1)

15 U.S.C. 1 the Sherman Act ( et seq.);

(2)

15 U.S.C. 12 the Clayton Act ( et seq.);

(3)

15 U.S.C. 41 the Federal Trade Commission Act ( et seq.);

(4)

15 U.S.C. 8 sections 73 and 74 of the Wilson Tariff Act ( and 9); and

(5)

June 19, 193615 U.S.C. 13a sections 2, 3, and 4 of the Act of (commonly referred to as the “Robinson-Patman Act”) (, 13b, and 21a).

(j)

15 U.S.C. 717 Any pipeline which accepts, conveys, or transports any petroleum produced from Naval Petroleum Reserves Numbered 1 or Numbered 3 shall accept, convey, and transport without discrimination and at reasonable rates any such petroleum as a common carrier insofar as petroleum from such reserves is concerned. Every contract entered into by the Secretary for the sale of any petroleum owned by the United States which is produced from such reserves shall contain provisions implementing the requirements of the preceding sentence if the contractor owns a controlling interest in any pipeline or any company operating any pipeline, or is the operator of any pipeline, which carries any petroleum produced from such naval petroleum reserves. The Secretary may promulgate rules and regulations for the purpose of carrying out the provisions of this section and he, or the Secretary of the Interior where the authority extends to him, may declare forfeit any contract, operating agreement, right-of-way, permit, or easement held by any person violating any such rule or regulation. This section shall not apply to any natural gas common carrier pipeline operated by any person subject to regulation under the Natural Gas Act ( et seq.) or any public utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality.

(k)

(1)

With respect to all or any part of the United States share of petroleum produced from the naval petroleum reserves, the President may direct that the Secretary—

(A)

42 U.S.C. 6231–624 place that petroleum in the Strategic Petroleum Reserve as authorized by sections 151 through 166 of the Energy Policy and Conservation Act (6); or

(B)

exchange, directly or indirectly, that petroleum for other petroleum to be placed in the Strategic Petroleum Reserve under such terms and conditions and by such methods as the Secretary determines to be appropriate, without regard to otherwise applicable Federal procurement statutes and regulations.

(2)

42 U.S.C. 6239 The requirements of section 159 of the Energy Policy and Conservation Act () do not apply to actions taken under this subsection.

(l)

(1)

Notwithstanding any other provision of this chapter (but subject to paragraph (2)), during any period in which the production of petroleum is authorized from Naval Petroleum Reserves Numbered 1, 2, or 3, the Secretary, at the request of the Secretary of Defense, may provide any portion of the United States share of petroleum so produced to the Department of Defense for its use, exchange, or sale in order to meet petroleum product requirements of the Department of Defense.

(2)

Petroleum may be provided to the Department of Defense under paragraph (1) either directly or by such exchange as the Secretary deems appropriate. Appropriate reimbursement reasonably reflecting the fair market value shall be provided by the Secretary of Defense for petroleum provided under this subsection.

(3)

Any exchange made pursuant to this subsection may be made without regard to otherwise applicable Federal procurement statutes and regulations.

(4)

Paragraph (1) does not apply to any petroleum set aside for small refiners under subsection (d) or placed in the Strategic Petroleum Reserve under subsection (k).

Aug. 10, 1956, ch. 1041 70A Stat. 460 Pub. L. 87–599, § 2Aug. 24, 196276 Stat. 401 Pub. L. 87–796, § 1(6)Oct. 11, 196276 Stat. 905 Pub. L. 94–258, title II, § 201(11)Apr. 5, 197690 Stat. 309 Pub. L. 96–294, title VIII, § 804June 30, 198094 Stat. 777 Pub. L. 96–513, title V, § 513(34)Dec. 12, 198094 Stat. 2934 Pub. L. 97–22, § 11(a)(10)July 10, 198195 Stat. 138 Pub. L. 98–525, title XIV, § 1405(53)Oct. 19, 198498 Stat. 2625 Pub. L. 99–413, § 1(b)Aug. 29, 1986100 Stat. 944 Pub. L. 100–26, § 7(k)(9)Apr. 21, 1987101 Stat. 284 Pub. L. 100–202, § 101(g) [title II, § 201]Dec. 22, 1987101 Stat. 1329–213 Pub. L. 100–456, div. A, title XII, § 1233(e)(2)Sept. 29, 1988102 Stat. 2057 Pub. L. 106–398, § 1 [div. C, title XXXIV, § 3401]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–107, div. A, title X, § 1048(e)(12)Dec. 28, 2001115 Stat. 1228 Pub. L. 114–328, div. A, title X, § 1081(b)(3)(E)Dec. 23, 2016130 Stat. 2419 Pub. L. 115–232, div. A, title VIIIAug. 13, 2018132 Stat. 1836(, , § 7430; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , (c), , , 945; , , ; , , , 1329–242; , , ; , , , 1654A–484; , , ; , , ; renumbered § 8730 and amended , §§ 807(d)(5), 809(a), , , 1840.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
7430(a)	34 U.S.C. 524 (244th through 293d words of 1st par.).	June 4, 1920, ch. 228 (1st par., 244th through 293d 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. 281.
7430(b)	34 U.S.C. 524 (2d sentence of 3d par.).	June 4, 1920, ch. 228 (3d par., 2d sentence, 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. 281.

In subsection (a) the words “subject to the applicable limitations and restrictions of this Act” are omitted as surplusage and the words “in administering” are inserted.

In subsection (b) the words “under this section” are substituted for the words “from the naval reserves” to make it clear that the requirements of this subsection apply to sales of petroleum, gas, and other hydrocarbons from lands outside petroleum reserve numbered 1 covered by joint, unit, or other cooperative plans as well as the sale of those products from the naval reserves proper. Subsection (a) is the only authority for the sale of petroleum, gas, and other hydrocarbons from the naval petroleum reserves.

Editorial Notes

References in Text

Pub. L. 96–72Sept. 29, 197993 Stat. 503 Pub. L. 115–232, div. A, title XVII, § 1766(a)Aug. 13, 2018132 Stat. 2232 50 U.S.C. 4611The Export Administration Act of 1979, referred to in subsec. (e), is , , , which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by , , , except for sections 11A, 11B, and 11C thereof (, 4612, 4613).

act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15The Sherman Act, referred to in subsec. (i)(1), is , , as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15The Clayton Act, referred to in subsec. (i)(2), is , , as amended, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under and Tables.

act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15The Federal Trade Commission Act, referred to in subsec. (i)(3), is , , as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see and Tables.

act Aug. 27, 1894, ch. 349 28 Stat. 570Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (i)(4), are sections 73 and 74 of , , which enacted sections 8 and 9, respectively, of Title 15.

June 19, 1936act June 19, 1936, ch. 592 49 Stat. 1526 section 13 of Title 15 section 13 of Title 15Act of , referred to in subsec. (i)(5), is , , popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 21, 1938, ch. 556 52 Stat. 821 section 717w of Title 15The Natural Gas Act, referred to in subsec. (j), is , , as amended, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 115–232, § 807(d)(5)section 7430 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (f). , substituted “section 8722(c)” for “section 7422(c)” and “section 8731(a)(3)” for “section 7431(a)(3)”.

Pub. L. 114–328 50 U.S.C. 46012016—Subsec. (e). substituted “( et seq.)” for “(50 U.S.C. App. 2401 et seq.)”.

Pub. L. 107–1072001—Subsec. (b)(2). substituted “at a price less than the current sales price” for “at a price less than the higher of— (A) the current sales price”, substituted a period for “; or” after “petroleum in the same area”, and struck out subpar. (B) which read as follows: “the price of petroleum being purchased for the Strategic Petroleum Reserve, minus the cost of transporting petroleum from the naval petroleum reserve concerned to the nearest storage area of the Strategic Petroleum Reserve, with adjustments for the difference in the quality of the petroleum being purchased for the Strategic Petroleum Reserve and petroleum being produced from the naval petroleum reserve concerned.”

Pub. L. 106–3982000—Subsec. (b)(2). substituted “Naval Petroleum Reserves Numbered 2 and 3” for “Naval Petroleum Reserves Numbered 1, 2, and 3” in introductory provisions and struck out “90 percent of” before “the current sales price” in subpar. (A).

Pub. L. 100–4561988—Subsec. (b)(3). realigned margin of par. (3) and substituted a period for comma at end.

Pub. L. 100–2021987—Subsec. (b)(3). added par. (3).

Pub. L. 100–26Subsec. (i). substituted “In” for “As used in”.

Pub. L. 99–413, § 1(b)1986—Subsec. (b). , designated existing provisions as par. (1), substituted “Subject to paragraph (2) and notwithstanding” for “Notwithstanding”, and added par. (2).

Pub. L. 99–413, § 1(c)Subsec. (g)(2). , substituted “15 days” for “30 days” and “15-day” for “30-day”.

Pub. L. 98–525, § 1405(53)(A)1984—Subsec. (d)(4). , struck out “of this section” after “subsection (b)”.

Pub. L. 98–525, § 1405(53)(B)Subsec. (g)(2). , substituted “30 days” for “thirty days” and “30-day” for “thirty day”.

lPub. L. 98–525, § 1405(53)(C)Subsec. ()(4). , struck out “of this section” after “subsection (d)” and “subsection (k)”.

Pub. L. 97–221981—Subsec. (e). substituted “Export Administration Act of 1979” for “Export Administration Act of 1969” in three places.

Pub. L. 96–294, § 804(a)1980—Subsec. (b). , struck out “for periods of not more than one year,” after “qualified bidder,” and inserted last sentence limiting sales of the United States share of petroleum to periods of not more than one year, except for sales of natural gas.

Pub. L. 96–513Subsecs. (c), (d)(3). (34)(A), substituted “percent” for “per centum”.

Pub. L. 96–513, § 513(34)(B)83 Stat. 841Subsec. (e). , substituted “(50 U.S.C. App. 2401 et seq.)” for “()”.

Pub. L. 96–513, § 513(34)(C)Subsec. (f). , inserted references to this title wherever appearing.

Pub. L. 96–513, § 513(34)(D)15 U.S.C. 1 15 U.S.C. 12 15 U.S.C. 41 15 U.S.C. 8June 19, 193615 U.S.C. 13aJuly 2, 189015 U.S.C. 1October 15, 191415 U.S.C. 12 15 U.S.C. 41August 27, 189415 U.S.C. 8June 19, 193615 U.S.C. 13aSubsec. (i). , substituted “(1) the Sherman Act ( et seq.);”, “(2) the Clayton Act ( et seq.);”, “(3) the Federal Trade Commission Act ( et seq.);”, “(4) sections 73 and 74 of the Wilson Tariff Act ( and 9); and”, and “(5) sections 2, 3, and 4 of the Act of (commonly referred to as the ‘Robinson-Patman Act’) (, 13b, and 21a).” for “(1) the Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies’, approved ( et seq.), as amended;” “(2) the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved ( et seq.), as amended;” “(3) the Federal Trade Commission Act ( et seq.), as amended;” “(4) sections 73 and 74 of the Act entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes’, approved ( and 9), as amended; or”, and “(5) sections 2, 3, and 4 of the Act of , chapter 592 (, 13b, and 21a)”, respectively.

Pub. L. 96–513, § 513(34)(E)15 U.S.C. 717Subsec. (j). , inserted “( et seq.)”.

Pub. L. 96–294, § 804(b)42 U.S.C. 6239Subsec. (k). , amended subsec. (k) generally, inserting references to the Secretary, provision authorizing the exchange of petroleum under terms and conditions determined appropriate without regard to Federal procurement statutes and regulations, and provision making inapplicable.

lPub. L. 96–294, § 804(c)lSubsec. (). , added subsec. ().

Pub. L. 94–2581976—Subsec. (a). substituted provisions setting forth requirements for Secretary in administering naval petroleum reserves under this chapter, for provisions setting forth requirements for Secretary of the Navy in administering naval petroleum and oil shale reserves under this chapter.

Pub. L. 94–258Subsec. (b). inserted “Notwithstanding any other provision of law” before “each sale”, reference to United States share of petroleum, provision relating to periods of sale, and provision exempting Federal, State, or local regulations controlling sales or allocation of petroleum products, and struck out applicability to sales of gas, other hydrocarbons, oil shale, or products therefrom.

Pub. L. 94–258Subsecs. (c) to (k). added subsecs. (c) to (k).

Pub. L. 87–7961962—Subsec. (a). included provision for administration of oil shale reserves, required the Secretary of the Navy to use, store, sell, or exchange oil shale and products therefrom produced from oil shale reserves for other petroleum or refined products, and deleted provision which required the Secretary to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products.

Pub. L. 87–599 required the Secretary of the Navy to use, store, sell, or exchange gas products from lands in the South Barrow gas field of naval petroleum reserve numbered 4 for other petroleum or refined products.

Pub. L. 87–796Subsec. (b). included sale of oil shale and products from petroleum, gas, other hydrocarbons, and oil shale.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513 section 101 of this titleAmendment by effective , see , set out as a note under .

Minimum Selling Price of United States Share of Petroleum

Pub. L. 106–291, title IIOct. 11, 2000114 Stat. 976

10 U.S.C. 7430(b)(2)(B)“That the requirements of [now 8730(b)(2)(B)] shall not apply to fiscal year 2001 and any fiscal year thereafter”.

, , , provided in part:

Similar provisions were contained in the following appropriation and authorization acts:

Pub. L. 106–113, div. B, § 1000(a)(3) [title II]Nov. 29, 1999113 Stat. 1535, , , 1501A–179.

Pub. L. 105–277, div. A, § 101(e) [title II]Oct. 21, 1998112 Stat. 2681–231, , , 2681–276.

Pub. L. 105–85, div. C, title XXXIV, § 3402Nov. 18, 1997111 Stat. 2059, , .

Pub. L. 105–83, title IINov. 14, 1997111 Stat. 1580, , .

Pub. L. 104–208, div. A, title I, § 101(d) [title II]Sept. 30, 1996110 Stat. 3009–181, , , 3009–210.

Pub. L. 104–201, div. C, title XXXIV, § 3402Sept. 23, 1996110 Stat. 2858, , .

Pub. L. 104–134, title I, § 101(c) [title II]Apr. 26, 1996110 Stat. 1321–156 Pub. L. 104–140, § 1(a)May 2, 1996110 Stat. 1327, , , 1321–187; renumbered title I, , , .

Pub. L. 104–106, div. C, title XXXIV, § 3402Feb. 10, 1996110 Stat. 631, , .

Pub. L. 103–337, div. C, title XXXV, § 3502Oct. 5, 1994108 Stat. 3111, , .

Pub. L. 103–332, title IISept. 30, 1994108 Stat. 2525, , .

Pub. L. 103–138, title IINov. 11, 1993107 Stat. 1405, , .

Executive Documents

Delegation of Functions

Aug. 4, 1980section 6240 of Title 42Functions vested in President by subsec. (k) of this section delegated to Secretary of Energy by section 1–102 of Ex. Ord. No. 12231, , 45 F.R. 52139, set out as a note under , The Public Health and Welfare.