10 U.S.C. § 331

TRANSFER OF ADMINISTRATIVE JURISDICTION AND ENVIRONMENTAL REMEDIATION, NAVAL PETROLEUM RESERVE NUMBERED 2, KERN COUNTY, CALIFORNIA.

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“(a)Administration Jurisdiction Transfer to Secretary of the Interior.—Effective on the date of the enactment of this Act [Aug. 8, 2005], administrative jurisdiction and control over all public domain lands included within Naval Petroleum Reserve Numbered 2 located in Kern County, California (other than the lands specified in subsection (b)), are transferred from the Secretary to the Secretary of the Interior for management, subject to subsection (c), in accordance with the laws governing management of the public lands, and the regulations promulgated under such laws, including the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).“(b)Exclusion of Certain Reserve Lands.—The transfer of administrative jurisdiction made by subsection (a) does not include the following lands:“(1) That portion of Naval Petroleum Reserve Numbered 2 authorized for disposal under section 3403(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. 7420 note [now 10 U.S.C. 8720 note]).“(2) That portion of the surface estate of Naval Petroleum Reserve Numbered 2 conveyed to the City of Taft, California, by section 333.“(c)Purpose of Transfer.—“(1)Production of hydrocarbon resources.—Notwithstanding any other provision of law, the principal purpose of the lands subject to transfer under subsection (a) is the production of hydrocarbon resources, and the Secretary of the Interior shall manage the lands in a fashion consistent with this purpose. In managing the lands, the Secretary of the Interior shall regulate operations to prevent unnecessary degradation and to provide for ultimate economic recovery of the resources.“(2)Disposal authority and surface use.—The Secretary of the Interior may make disposals of lands subject to transfer under subsection (a), or allow commercial or non-profit surface use of such lands, not to exceed 10 acres each, so long as the disposals or surface uses do not materially interfere with the ultimate economic recovery of the hydrocarbon resources of such lands. All revenues received from the disposal of lands under this paragraph or from allowing the surface use of such lands shall be deposited in the Naval Petroleum Reserve Numbered 2 Lease Revenue Account established by section 332.“(d)Conforming Amendment.—

[Amended section 3403 of Pub. L. 105–261, set out below.]

Notes of Decisions
Cited in 14 cases, 1964–2006 · leading case: Laird v. Tatum
Laird v. Tatum (1972) scotus · cites it 6× “The President is authorized by 10 U. S. C. § 331 [2] to make use of the armed forces to quell insurrection *4 and other domestic violence if and when the conditions described in that section obtain within one of the States.”
Gilligan v. Morgan (1973) scotus · cites it 2× “[12] 10 U. S. C. § 331 et seq. [13] The initial and basic training of National Guard personnel is, by Regulation of the Department of the Army, pursuant to statutory authority, under federal jurisdiction.”
Daniel Edward Bynum v. Fmc Corporation (1985) ca5 “The National Guard, of course, is a component of the armed services of the United States, see 10 U.S.C. §§ 331 et seq.-, 32 U.S.C. §§ 101 et seq.”
Herskovitz v. Commonwealth, State Civil Service Commission (1987) pacommwct · cites it 2× “Army Reserves are subject to call for duty and have been called for duty outside the boundaries of the United States, see 10 U.S.C. §§331 — 333, 672(a), 672(b), 673(a) and 673(b), and that both the state National Guard units and U.”
United States v. McArthur (1976) ndd “However, applying the standard used by me, I do not reach the same conclusion as Judge Urbom for these reasons: True, the military men, Colonel Warner and Colonel Potter and related maintenance assistants, were present without the Presidential mandate provided for in 10 U.S.C. §…”
United States v. Ruby Davidson Walden and William Luther Walden (1974) ca4 “Congress has responded by the enactment of 10 U.S.C. § 331 : Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal Service such of…”
Arlo Tatum, Central Committee for Conscientious Objectors v. Melvin R. Laird, Secretary of Defense (1971) cadc “10 U.S.C. §§ 331 , 332, 333 (1964). We note, however, that the operation of the intelligence system challenged herein is not sought to be justified by any need to obtain information for the use of the National Guard.”
United States v. Red Feather (1975) sdd “An Act of Congress, 10 U.S. C. § 331, has authorized the President of the United States to order use of the militia and armed forces, but no such order was issued by the President as to the Wounded Knee occupation.”
Brune v. Administrative Director of the Courts (2006) haw “10 U.S.C. §§ 331— 335 (2000). . The Ninth Circuit has held that: Although the PCA does not directly reference the Navy or Marine Corps, we do not construe this omission as congressional approval for Navy involvement in enforcing civilian laws.”
Engblom v. Carey (1981) nysd “To reach this issue, a few preliminary determinations are required. First, the Guard is the modern day successor to the Militia reserved to the states by Art.”
United States v. Jaramillo (1974) ned “Congress has authorized the President of the United States to order use of the militia and armed forces, 10 U.S.C. § 331 , ff, but no such order was made by the President.”
United States v. Casper (1976) ca8 “2d 165 (1972), the Supreme Court implicitly sanctioned the use of army observers at Wounded Knee for the purpose of assessing the situation in the event federal troups should be called under 10 U.S.C. § 331 . The army personnel at Wounded Knee went beyond the role sanctioned by…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.