---
kind: "section"
citation: "10 U.S.C. § 8728"
title: "10"
title_heading: "Armed Forces"
number: "8728"
heading: "Agreements and leases: provision for change"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8728"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part IV — General Administration"
  - "Chapter 869 — Naval Petroleum Reserves"
---

# §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](/usc/10/101.md?p=a-1) within Naval [Petroleum](/usc/10/8720.md?p=3) [Reserve](/usc/10/101.md?p=c-6) Numbered 2 and the oil shale [reserves](/usc/10/101.md?p=c-6) shall contain a provision authorizing the [Secretary](/usc/10/8720.md?p=4), subject to approval by the President and to any limitation in the plan or lease, to change from time to time the [rate](/usc/10/101.md?p=b-9) of prospecting and development on, and the quantity and [rate](/usc/10/101.md?p=b-9) of production from, lands of the [United States](/usc/10/101.md?p=a-1) 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.)

## Notes

| 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.