42 U.S.C. § 6504
Administration of reserve
(a) Conduct of exploration within designated areas to protect surface valuesAny exploration within the Utukok River, the Teshekpuk Lake areas, and other areas designated by the Secretary of the Interior containing any significant subsistence, recreational, fish and wildlife, or historical or scenic value, shall be conducted in a manner which will assure the maximum protection of such surface values to the extent consistent with the requirements of this Act for the exploration of the reserve.
(b) Continuation of ongoing petroleum exploration program by Secretary of Navy prior to date of transfer of jurisdiction; duties of Secretary of Navy prior to transfer dateThe Secretary of the Navy shall continue the ongoing petroleum exploration program within the reserve until the date of the transfer of jurisdiction specified in section 6503(a) of this title. Prior to the date of such transfer of jurisdiction the Secretary of the Navy shall—(1) cooperate fully with the Secretary of the Interior providing him access to such facilities and such information as he may request to facilitate the transfer of jurisdiction;(2) provide to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives copies of any reports, plans, or contracts pertaining to the reserve that are required to be submitted to the Committees on Armed Services of the Senate and the House of Representatives; and(3) cooperate and consult with the Secretary of the Interior before executing any new contract or amendment to any existing contract pertaining to the reserve and allow him a reasonable opportunity to comment on such contract or amendment, as the case may be.(c) Commencement of petroleum exploration by Secretary of the Interior as of date of transfer of jurisdiction; powers and duties of Secretary of the Interior in conduct of explorationThe Secretary of the Interior shall commence further petroleum exploration of the reserve as of the date of transfer of jurisdiction specified in section 6503(a) of this title. In conducting this exploration effort, the Secretary of the Interior—(1) is authorized to enter into contracts for the exploration of the reserve, except that no such contract may be entered into until at least thirty days after the Secretary of the Interior has provided the Attorney General with a copy of the proposed contract and such other information as may be appropriate to determine legal sufficiency and possible violations under, or inconsistencies with, the antitrust laws. If, within such thirty day period, the Attorney General advises the Secretary of the Interior that any such contract would unduly restrict competition or be inconsistent with the antitrust laws, then the Secretary of the Interior may not execute that contract;(2) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration of the reserve. All such plans or amendments submitted to such committees pursuant to this section shall contain a report by the Attorney General of the United States with respect to the anticipated effects of such plans or amendments on competition. Such plans or amendments shall not be implemented until sixty days after they have been submitted to such committees; and(3) shall report annually to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on the progress of, and future plans for, exploration of the reserve.(Pub. L. 94–258, title I, § 104, Apr. 5, 1976, 90 Stat. 304; Pub. L. 98–366, § 4(b), July 17, 1984, 98 Stat. 470; Pub. L. 103–437, § 15(q), Nov. 2, 1994, 108 Stat. 4594; Pub. L. 109–58, title III, § 347(c), Aug. 8, 2005, 119 Stat. 708.)Editorial NotesReferences in TextThis Act, referred to in subsec. (a), is Pub. L. 94–258, Apr. 5, 1976, 90 Stat. 303, known as the Naval Petroleum Reserves Production Act of 1976, which enacted this chapter and section 7420 of Title 10, Armed Forces, and amended section 6244 of this title and sections 7421 to 7436 and 7438 of Title 10. For complete classification of this Act to the Code, see Short Note set out under section 6501 of this title and Tables.
Amendments2005—Pub. L. 109–58 redesignated subsecs. (b) to (d) as (a) to (c), respectively, and struck out former subsec. (a) which read as follows: “Except as provided in subsection (e) of this section, production of petroleum from the reserve is prohibited and no development leading to production of petroleum from the reserve shall be undertaken until authorized by an Act of Congress.”
1994—Subsecs. (c)(2), (d)(2), (3). Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House” for “Committees on Interior and Insular Affairs of the Senate and the House”.
1984—Subsec. (e). Pub. L. 98–366 struck out subsec. (e) which read as follows: “Until the reserve is transferred to the jurisdiction of the Secretary of the Interior, the Secretary of the Navy is authorized to develop and continue operation of the South Barrow gas field, or such other fields as may be necessary, to supply gas at reasonable and equitable rates to the native village of Barrow, and other communities and installations at or near Point Barrow, Alaska, and to installations of the Department of Defense and other agencies of the United States located at or near Point Barrow, Alaska. After such transfer, the Secretary of the Interior shall take such actions as may be necessary to continue such service to such village, communities, installations, and agencies at reasonable and equitable rates.”
Statutory Notes and Related SubsidiariesEffective Date of 1984 AmendmentPub. L. 98–366, § 4(b), July 17, 1984, 98 Stat. 470, provided that the amendment made by that section is effective Oct. 1, 1984.
Notes of Decisions
Katie John v. Alaska Fish & Wildlife Fed, 720 F.3d 1214 (9th Cir. 2013).
“See 42 U.S.C. § 6504 . 155 . We note, as do the Secretaries, that there is no shortage of waters to serve the primary purposes of the reservations.”
Wilderness Soc'y v. Salazar, 603 F. Supp. 2d 52 (D.D.C. 2009).
“See 42 U.S.C. § 6504 (a). Authorization for such production came in December 1980, when Congress passed the appropriations bill for the fiscal year ending September 30, 1981.”
N. Alaska Env't Ctr. v. Norton, 361 F. Supp. 2d 1069 (D. Alaska 2005).
“” 42 U.S.C. § 6504 (b). Thus Congress has recognized the Reserve as a potential source for oil and gas exploration and production while simultaneously assuring that environmental concerns would not be overlooked.”
Concerned Citizens of Bridesburg v. City of Philadelphia, 643 F. Supp. 713 (E.D. Pa. 1986).
“On a motion to dismiss, filed the morning set for the commencement of the trial, I ruled from the bench that the district court had jurisdiction to hear the federal claim and that there were valid pendent state law claims that would also be tried at the same time.”
Native Vill. of Nuiqsut v. Bureau of Land Mgmt. (D. Alaska 2020).
· cites it 2× “6 This area “includes important nesting, staging, and molting habitat for a large number of waterfowl and shorebirds and critical Teshekpuk Caribou Herd caribou calving, migration, and insect-relief habitat.”
Burgum (D. Alaska 2026).
“§ 6506a(b) (“mitigate reasonably foreseeable and significantly adverse effects on the surface resources”); 42 U.S.C. § 6504 (a) (“maximum protection” in special areas).”
Wilderness Soc'y v. Babbitt (D.D.C. 2009).
“See 42 U.S.C. § 6504 (a). 2 Defendants’ motion for partial summary judgment on Count I was granted in open court on September 15, 2000.”
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