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Title 10 — Armed Forces

Part IV · Chapter 869 — Naval Petroleum Reserves

§ 8731. Requirements as to consultation and approval

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431 · 70A Stat. 460

    Enacted · 10 U.S.C. § 8731

    Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431

  2. Pub. L. 87–796 § 1(7) · 76 Stat. 904

    Inserted · 10 U.S.C. § 8731

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Section 7421 is amended to read as follows: “(a) The Secretary of the Navy shall take possession of all properties inside the naval petroleum and oil shale reserves that are or may become subject to the control of and use by the United States for naval purposes, except as otherwise provided in section 7438 hereof. “(b) The Secretary has exclusive jurisdiction and control over those lands inside naval petroleum reserves numbered 1 and 2 that are covered by leases granted under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and 41 Stat. 437. Administration. Post, p. 906. 261–263 of title 30, and shall administer those leases.”

  3. Naval Petroleum Reserves Production Act of 1976

    Pub. L. 94–258 title II § 201(12) · 90 Stat. 303

    1. Amended · 10 U.S.C. § 8731

      Pub. L. 94–258 designated existing provisions as subsec. (a)

    2. Struck · 10 U.S.C. § 8731

      Pub. L. 94–258 struck out “or oil shale” in pars. (1) and (2) before “reserves”

    3. Substituted · 10 U.S.C. § 8731

      Pub. L. 94–258 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)

    4. Added · 10 U.S.C. § 8731

      Pub. L. 94–258 added subsecs. (b) and (c)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (12) Section 7431 is amended— 10 USC 7431. (A) by inserting “ (a) ” immediately before “The Committees”; (B) by striking out “or oil shale” in clauses (1) and (2); (C) by striking out “and oil shale” in clauses (2) and (3); (D) by striking out “oil and gas (other than royalty oil and gas), oil shale, and products therefrom” in clause (3) and inserting in lieu thereof “petroleum (other than royalty oil and gas) ”; and (E) by adding at the end thereof the following new subsections: “(b) (1) During the period of production authorized by section Plans, submittal to congressional committees. Ante, p. 307. 7422(c), the Secretary shall submit to the Committees on Armed Services of the Senate and 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 coin petition. Such plans or amendments shall not be implemented until sixty days after such plans or amendments have, been submitted to such committees. “(c) During the period of production authorized by section 7422(c), the Secretary shall submit annual reports as of the first day of the fiscal year to the Committees on Aimed Services of the Senate and the House of Representatives, and such committees shall cause such reports to be printed as a Senate or House document, as appropriate. The Secretary shall include in such reports, with respect to each naval petroleum reserve, an explanation in detail of the following: “(1) the status of the exploration, development, and production programs; “(2) the production that has been achieved, including the disposition of such production and the proceeds realized therefrom; “(3) the status of pipeline construction and procurement and problems related to the availability of transportation facilities; “(4) a summary of future plans for exploration, development, production, disposal, and transportation of the production from the naval petroleum reserves; and “(5) such other information regarding the reserve as the Secretary deems appropriate.“.

  4. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1405(52) · 98 Stat. 2492

    Inserted · 10 U.S.C. § 8731(b)(1); 10 U.S.C. § 8731(b)(c)

    Pub. L. 98–525 inserted “of this title” after “section 7422(c)”

    Source evidence

    Code amendment note
    Subsecs. (b)(1), (c). Pub. L. 98–525 inserted “of this title” after “section 7422(c)”.

    Enacted provision · exact public law section
    (52) Sections 7426(a), 7431(b)(1), and 7431(c) are amended by inserting “of this title” after “section 7422(c)”.

  5. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title XIII § 1303(a)(25) · 99 Stat. 583

    1. Substituted · 10 U.S.C. § 8731(c)

      Pub. L. 99–145 in pars. (1) to (3) substituted “The” for “the”

    2. Substituted · 10 U.S.C. § 8731(c)

      Pub. L. 99–145 in pars. (1) to (3) substituted “A summary” for “a summary”

    3. Substituted · 10 U.S.C. § 8731(c)

      Pub. L. 99–145 in pars. (1) to (3) substituted “Such” for “such”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (25) Section 7431(c) is amended— (A) by striking out “the” at the beginning of paragraphs (1), (2), and (3) and inserting in lieu thereof “The”; (B) by striking out the semicolons at the end of paragraphs (1), (2), and (3) and inserting in lieu thereof periods; (C) by striking out “a summary” at the beginning of paragraph (4) and inserting in lieu thereof “A summary”; (D) by striking out “; and” at the end of paragraph (4) and inserting in lieu thereof a period; and (E) by striking out “such” at the beginning of paragraph (5) and inserting in lieu thereof “Such”.

  6. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1502(a)(2) · 110 Stat. 186

    Substituted · 10 U.S.C. § 8731(a); 10 U.S.C. § 8731(b)(1); 10 U.S.C. § 8731(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Sections 178(c)(1)(A), 942(e)(5), 2350flc), 7426(e), 7431(a), 7431(b)(1), 7431(c), 7438(b), 12302(b), 18235(a), and 18236(a) are amended by striking out “Committees on Armed Services of the Senate and the House of Representatives” and inserting in lieu thereof “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.

  7. Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 8731(a); 10 U.S.C. § 8731(b)(1); 10 U.S.C. § 8731(c)

    Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1), (c). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

  8. National Defense Authorization Act for Fiscal Year 2016

    Pub. L. 114–92 div. A title X § 1073(b) · 129 Stat. 726

    Struck · 10 U.S.C. § 8731(c)

    Pub. L. 114–92 struck out subsec. (c) which required annual reports relating to naval petroleum reserves

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–92 struck out subsec. (c) which required annual reports relating to naval petroleum reserves.

    Enacted provision · exact public law section
    (b) Annual Report on Naval Petroleum Reserves.— Section 7431 of title 10, United States Code, is amended by striking subsection (c).

  9. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 807(d)(5) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8731

    Pub. L. 115–232, § 807(d)(5), renumbered section 7431 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 807(d)(5), renumbered section 7431 of this title as this section.

    Enacted provision · exact public law section
    (5) Chapter 641.— Each section in chapter 641 is 10 USC 8720–8725, 8727–8733, 8735–8739. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,300.

    Effective date note
    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.

  10. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(a) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 8731(b)(1)

    Pub. L. 115–232, § 809(a), substituted “section 8722(c)” for “section 7422(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232, § 809(a), substituted “section 8722(c)” for “section 7422(c)”.

    Enacted provision · exact public law section
    (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

    Effective date note
    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.

14 of 15 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
743134 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

Amendments1962–2018 · 8 rounds

2018

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 , 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.

Credits

1956–2018 · 9 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 460, § 7431
  2. 1962Pub. L. 87–796, § 1(7), , 76 Stat. 905
  3. 1976Pub. L. 94–258, title II, § 201(12), , 90 Stat. 311
  4. 1984Pub. L. 98–525, title XIV, § 1405(52), , 98 Stat. 2625
  5. 1985Pub. L. 99–145, title XIII, § 1303(a)(25), , 99 Stat. 740
  6. 1996Pub. L. 104–106, div. A, title XV, § 1502(a)(2), , 110 Stat. 502
  7. 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
  8. 2015Pub. L. 114–92, div. A, title X, § 1073(b), , 129 Stat. 995
  9. 2018renumbered § 8731 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), , 132 Stat. 1836, 1840.
Show as published

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

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