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10 U.S.C. § 8731 — Requirements as to consultation and approval

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before certain reserve actions take effect, the Secretary must consult the Senate and House Armed Services Committees and obtain the President's approval. During active production, the Secretary must send new or substantially amended development plans to those committees. Each plan needs an antitrust report from the Attorney General, and a 60-day wait before it can start.

(a) The Senate and House Armed Services Committees must be consulted, and the President's approval obtained, before the Secretary can start any condemnation proceeding under this chapter, and before any of these transactions can take effect: (1) leasing any part of the naval petroleum reserves; (2) a contract giving up the United States' use, control, or possession of reserve land — except this consultation and approval is not needed for permits, licenses, easements, grazing and farming leases, rights-of-way, and similar contracts about using the surface of reserve land; (3) a contract to sell reserve petroleum, other than royalty oil and gas; (4) a contract for conservation or for compensation for estimated drainage; or (5) an agreement to exchange land, the right to royalty production, or money owed to the United States.

(b) (1) While production is authorized under section 8722(c), the Secretary must send any new plan, or any major amendment to an ongoing plan, for exploring, developing, and producing the naval petroleum reserves, to both the Senate and House Armed Services Committees. (2) Every plan or major amendment sent to Congress under this section must include a report from the Attorney General on how it might affect competition. None of these plans or amendments can be carried out until 60 days after they are sent to the committees.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1962Amended · Pub. L. 87-796 · 76 Stat. 905
  • 1976Amended · Pub. L. 94-258 · 90 Stat. 311
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2625
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 740
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 502
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2015Amended · Pub. L. 114-92 · 129 Stat. 995
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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