10 U.S.C. § 8731

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 8731 - Requirements as to consultation and approval
(a) The Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives must be consulted and the President's approval must be obtained before any condemnation proceedings may be started under this chapter and before any of the following transactions authorized by this chapter may be effective:
(1) A lease of any part of the naval petroleum reserves.
(2) A contract to alienate from the United States the use, control, or possession of any part of the naval petroleum reserves (except that consultation and Presidential approval are not required in connection with the issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar contracts pertaining to use of the surface area of the naval petroleum reserves).
(3) A contract to sell the petroleum (other than royalty oil and gas) produced from any part of the naval petroleum reserves.
(4) A contract for conservation or for compensation for estimated drainage.
(5) An agreement to exchange land, the right to royalty production, or the right to any money due the United States.
(b)
(1) During the period of production authorized by section 8722(c) of this title, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives any new plans or substantial amendments to ongoing plans for the exploration, development, and production of the naval petroleum reserves.
(2) All plans or substantial amendments submitted to the Congress 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 such plans or amendments have been submitted to such committees.

10 U.S.C. § 8731

Aug. 10, 1956, ch. 1041, 70A Stat. 460, §7431; Pub. L. 87-796, §1(7), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94-258, title II, §201(12), Apr. 5, 1976, 90 Stat. 311; Pub. L. 98-525, title XIV, §1405(52), Oct. 19, 1984, 98 Stat. 2625; Pub. L. 99-145, title XIII, §1303(a)(25), Nov. 8, 1985, 99 Stat. 740; Pub. L. 104-106, div. A, title XV, §1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114-92, div. A, title X, §1073(b), Nov. 25, 2015, 129 Stat. 995; renumbered §8731 and amended Pub. L. 115-232, div. A, title VIII, §§807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.

HISTORICAL AND REVISION NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
7431 34 U.S.C. 524 (1st proviso of 4th par.). June 4, 1920, ch. 228 (4th par., 1st proviso, 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. 282.

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232, §807(d)(5), renumbered section 7431 of this title as this section.Subsec. (b)(1). Pub. L. 115-232, §809(a), substituted "section 8722(c)" for "section 7422(c)". 2015-Subsec. (c). Pub. L. 114-92 struck out subsec. (c) which required annual reports relating to naval petroleum reserves. 1999-Subsecs. (a), (b)(1), (c). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security".1996-Subsecs. (a), (b)(1), (c). 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".1985-Subsec. (c). Pub. L. 99-145 in pars. (1) to (3) substituted "The" for "the" at beginning and periods for the semicolons at end, in par. (4) substituted "A summary" for "a summary" and a period for ";and", and in par. (5) substituted "Such" for "such".1984-Subsecs. (b)(1), (c). Pub. L. 98-525 inserted "of this title" after "section 7422(c)". 1976-Pub. L. 94-258 designated existing provisions as subsec. (a), struck out "or oil shale" in pars. (1) and (2) before "reserves", struck out "and oil shale" in pars. (2) and (3), before "reserves" substituted "petroleum (other than royalty oil and gas)" for "oil and gas (other than royalty oil and gas), oil shale, and products therefrom" in par. (3), and added subsecs. (b) and (c).1962-Pub. L. 87-796 included oil shale reserves in cls. (1) and (2), inserted provisions in cl. (2) excepting consultation and Presidential approval in connection with issuance of permits, licenses, easements, grazing and agricultural leases, rights-of-way, and similar contracts pertaining to use of surface area of naval petroleum and oil shale reserves, and included oil shale, and products therefrom produced from any part of oil shale reserves.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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.

Secretary
The term "Secretary" means the Secretary of Energy.
naval petroleum reserves
The term "naval petroleum reserves" means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.
petroleum
The term "petroleum" includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.