10 USC § 8728 - Agreements and leases: provision for change

---
identifier: "/us/usc/t10/s8728"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8728 - Agreements and leases: provision for change"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8728"
section_name: "Agreements and leases: provision for change"
chapter_number: 869
chapter_name: "NAVAL PETROLEUM RESERVES"
part_number: "IV"
part_name: "GENERAL ADMINISTRATION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 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.

---

**Source Credit**: (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.)

| 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 ” and “entered into subsequent to ” are omitted as surplusage. The words “in his discretion” are omitted as surplusage.

## Editorial Notes

### Amendments

2018— renumbered  as this section.

2000— struck out “, except a plan authorized by ,” after “development and operation”.

1976— 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— included leases affecting lands within oil shale reserves.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

## Executive Documents

### Delegation of Functions

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