50 U.S.C. § 98i — Repealed. Pub. L. 85–861, § 36A, Sept. 2,

Page 47 TITLE 50—WAR AND NATIONAL DEFENSE § 100 in the position designated by the President under sub- section (a) or during which the authority of the Presi- dent under this subchapter (other than under sections 98f and 98h–4 of this title) has not been delegated to that position, no action may be taken under section 98e(a)(6) of this title.’’ 1989—Subsec. (a). Pub. L. 101–189, § 3313(b)(1), sub- stituted ‘‘sections 98f and 98h–4’’ for ‘‘sections 98f, 98g, and 98h–4’’. Subsec. (c). Pub. L. 101–189, § 3313(b)(1), (2), sub- stituted ‘‘sections 98f and 98h–4’’ for ‘‘sections 98f, 98g, and 98h–4’’ and inserted at end ‘‘The President may not delegate functions of the President under sections 98f and 98h–4 of this title.’’ after ‘‘Executive order.’’ Subsec. (d). Pub. L. 101–189, § 3313(b)(1), (3), sub- stituted ‘‘sections 98f and 98h–4’’ for ‘‘sections 98f, 98g, and 98h–4’’ and ‘‘section 98e(a)(6)’’ for ‘‘section 98e(b) or 98e(d)’’. 1987—Pub. L. 100–180 amended section generally, re- vising and restating provisions of subsecs. (a) and (b) and adding subsecs. (c) and (d). Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 100–180, div. C, title II, § 3203(c), Dec. 4, 1987, 101 Stat. 1247, provided that: ‘‘Unless otherwise directed by the President under section 6A [renumbered § 16] of the Strategic and Critical Materials Stock Piling Act [this section], as amended by subsection (a), the des- ignation of a National Defense Stockpile Manager in ef- fect on the day before the date of the enactment of this Act [Dec. 4, 1987] shall remain in effect until the indi- vidual so designated ceases to hold the office held by the individual at the time of the designation.’’ DEADLINE FOR DESIGNATION OF MANAGER Pub. L. 99–661, div. C, title II, § 3202(b), Nov. 14, 1986, 100 Stat. 4067, directed President, not later than Feb. 15, 1987, to designate an official as National Defense Stockpile Manager, as required by this section. Executive Documents DESIGNATION OF NATIONAL DEFENSE STOCKPILE MANAGER; DELEGATION OF FUNCTIONS The Secretary of Defense was designated National Defense Stockpile Manager and functions of the Presi- dent under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. § 98i. Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1570 Section, act Aug. 3, 1956, ch. 939, title IV, § 416, 70 Stat. 1018, related to contracts for storage, handling, and distribution of liquid fuels. See section 2922 of Title 10, Armed Forces. Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter. § 99. Transferred Editorial Notes CODIFICATION Section, act July 2, 1940, ch. 508, § 6, 54 Stat. 714, was transferred to section 701 of the former Appendix to this title and subsequently repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. § 100. Nitrate plants (a) Investigations; designation of sites; construc- tion and operation of dams, locks, improve- ments to navigation, etc. The President of the United States may make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the pro- duction of nitrates and other products for muni- tions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also author- ized to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for national defense; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other prod- ucts needed for munitions of war and useful in the manufacture of fertilizers and other useful products. (b) Lease, purchase, or acquisition of lands and rights of way; purchase or acquisition of ma- terials, minerals, and processes The President is authorized to lease, buy, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be nec- essary for the construction and operation of such plants and to take from any lands of the United States, or to buy or acquire by con- demnation materials, minerals, and processes, patented or otherwise, necessary for the con- struction and operation of such plants and for the manufacture of such products. (c) Use of products of plants; disposal of surplus The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. (d) Employment of officers, agents, or agencies The President is authorized to employ such of- ficers, agents, or agencies as may in his discre- tion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agencies to per- form any and all of the duties imposed upon him by the provisions hereof. (e) Government construction and operation The plant or plants provided for under this section shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. (Aug. 10, 1956, ch. 1041, § 37, 70A Stat. 634.) Editorial Notes CODIFICATION Section was not enacted as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.