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Title 10 — Armed ForcesRelease 119-73

§8738 Rifle, Colorado, plant; possession, use, and transfer of

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART IV— - GENERAL ADMINISTRATION › Chapter CHAPTER 869— - NAVAL PETROLEUM RESERVES › § 8738

Last updated Apr 6, 2026|Official source

Summary

The Secretary must take control of the experimental demonstration facility near Rifle, Colorado. That facility was built and run by the Department of the Interior on lands at or near the naval oil shale reserves under the Act of April 5, 1944 (30 U.S.C. 321 et seq.). With the President’s approval, the Secretary may make contracts or leases to use the facility for research, testing, and demonstrations. The Secretary can let public or private groups use it, build or lease more experimental facilities on those lands, and, after talking with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, mine and remove oil shale or products needed for the work. The Government may not run commercial oil shale operations to compete with private industry, and the Secretary still must provide oil shale and products for national defense.

Full Legal Text

Title 10, §8738

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary shall take possession of the experimental demonstration facility near Rifle, Colorado, which was constructed and operated by the Department of the Interior on lands on or near the naval oil shale reserves under the Act of April 5, 1944 (30 U.S.C. 321 et seq.).
(b)The Secretary, subject to the approval of the President, shall by contract, lease, or otherwise encourage the use of the facility described in subsection (a) in research, development, test, evaluation, and demonstration work. For such purposes the Secretary may use or lease for use by institutions, organizations, or individuals, public or private, the facility described in subsection (a) and may construct, install, and operate, or lease for operation additional experimental facilities on such lands. The Secretary may, after consultation with the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, mine and remove, or authorize the mining and removal, of any oil shale or products therefrom from lands in the naval oil shale reserves that may be needed for such experimentation.
(c)Nothing in this chapter shall be construed—
(1)to authorize the commercial development and operation of the naval oil shale reserves by the Government in competition with private industry; or
(2)in diminution of the responsibility of the Secretary in providing oil shale and products therefrom for needs of national defense.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 743834 U.S.C. 524 (proviso of 11th par.).
June 4, 1920, ch. 228 (11th par., proviso, of amended 3d and 4th provisos), 41 Stat. 813;
June 30, 1938, ch. 851, § 1, 52 Stat. 1254;
June 17, 1944, ch. 262, 58 Stat. 281. The words “this chapter does not authorize” are substituted for the words “nothing herein contained shall be construed to permit” for brevity.

Editorial Notes

References in Text

Act April 5, 1944, referred to in subsec. (a), is act Apr. 5, 1944, ch. 172, 58 Stat. 190, as amended, which is classified generally to chapter 6 (§ 321 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code see Tables.

Amendments

2018—Pub. L. 115–232 renumbered section 7438 of this title as this section. 1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (b). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and the House of Representatives”. 1980—Subsec. (a). Pub. L. 96–513, § 513(37)(A), substituted provisions relating to authority of the Secretary under the specified statute, for provisions relating to authority of the Administrator of the Energy Research and Development Administration under the specified statute. Subsec. (b). Pub. L. 96–513, § 513(37)(B), substituted provisions relating to authorities of the Secretary, for provisions relating to authorities of the Administrator of the Energy Research and Development Administration. Subsec. (c). Pub. L. 96–513, § 513(37)(C), substituted “in this chapter” for “herein contained”. 1976—Subsec. (a). Pub. L. 94–258 substituted “Administrator of the Energy Research and Development Administration” for “Secretary of the Interior”. Subsec. (b). Pub. L. 94–258 substituted “Administrator of the Energy Research and Development Administration” for “Secretary of the Interior” wherever appearing therein and struck out “of the Navy” after “Secretary” wherever appearing. Subsec. (c). Pub. L. 94–258 struck out “of the Navy” after “Secretary”. 1962—Pub. L. 87–796 amended section generally by substituting provisions relating to the possession, use, and transfer of the experimental demonstration facility near Rifle, Colorado, for provisions which stated that this chapter does not authorize the development or operation of the naval oil-shale reserves.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Effective Date

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

Reference

Citations & Metadata

Citation

10 U.S.C. § 8738

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73