§8728. Agreements and leases: provision for change

Every unit or cooperative plan of development and operation and every lease affecting lands owned by the United States within Naval Petroleum Reserve Numbered 2 and the oil shale reserves shall contain a provision authorizing the Secretary, subject to approval by the President and to any limitation in the plan or lease, to change from time to time the rate of prospecting and development on, and the quantity and rate of production from, lands of the United States under the plan or lease, notwithstanding any other provision of law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 460 , §7428; Pub. L. 87–796, §1(5), Oct. 11, 1962, 76 Stat. 905 ; Pub. L. 94–258, title II, §201(9), Apr. 5, 1976, 90 Stat. 309 ; Pub. L. 106–398, §1 [div. C, title XXXIV, §3402(b)(2)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-484; renumbered §8728, Pub. L. 115–232, div. A, title VIII, §807(d)(5), Aug. 13, 2018, 132 Stat. 1836 .)

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
7428	34 U.S.C. 524 (proviso of 6th par.).	June 4, 1920, ch. 228 (6th par., 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 .

The words "entered into after July 1, 1937" and "entered into subsequent to July 1, 1937" are omitted as surplusage. The words "in his discretion" are omitted as surplusage.

Editorial Notes

Amendments

2018-Pub. L. 115–232 renumbered section 7428 of this title as this section.

2000-Pub. L. 106–398 struck out ", except a plan authorized by section 7426 of this title," after "development and operation".

1976-Pub. L. 94–258 substituted "within Naval Petroleum Reserve Numbered 2 and the oil shale reserves shall contain a provision authorizing the Secretary" for "within the naval petroleum and oil shale reserves shall contain a provision authorizing the Secretary of the Navy".

1962-Pub. L. 87–796 included leases affecting lands within 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.

Executive Documents

Delegation of Functions

Functions of the President under this section were delegated to the Secretary of Energy by Ex. Ord. No. 12929, Sept. 29, 1994, 59 F.R. 50473, set out as a note under section 7427 of this title.