10 U.S.C. § 8735 — Foreign interest

Page 3369 TITLE 10—ARMED FORCES § 8735 sions authorizing the expenditure of funds from avail- able appropriations for expenses incurred in the admin- istration of the reserves. Subsec. (b). Pub. L. 94–258 substituted provisions which made funds in the naval petroleum reserve spe- cial account available in sums specified in annual ap- propriations acts for enumerated expense items, for provisions which authorized expenditures to be made under the direction of the President and requiring the President to submit an estimate of expenditures nec- essary to carry out the purposes of this chapter. Subsecs. (c), (d). Pub. L. 94–258 added subsecs. (c) and (d). 1962—Subsec. (a). Pub. L. 87–796 substituted ‘‘with re- spect to the naval petroleum and oil shale reserves shall be paid from appropriations made available for the purposes specified in this chapter’’ for ‘‘in explor- ing, prospecting, conserving, developing, using and op- erating lands owned or controlled by the United States in the naval petroleum reserves, and in producing pe- troleum, and the share of the United States of expenses incurred under any contract entered into under this chapter, shall be paid from appropriations made avail- able for those purposes’’. 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. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. ABOLITION OF NAVAL PETROLEUM RESERVES SPECIAL ACCOUNT Pub. L. 96–137, § 3(c), Dec. 12, 1979, 93 Stat. 1062, abol- ished the naval petroleum reserves special account es- tablished by this section as in existence on the day be- fore Dec. 12, 1979, and transferred unappropriated bal- ances of funds on that date to the Treasury. § 8733. Disposition of royalties (a) Any oil, gas, gasoline or other substance accruing to the United States as royalty from any lease under this chapter shall be delivered to the United States, or shall be paid for in money, as the Secretary elects. (b) All money accruing to the United States from lands in the naval petroleum reserves shall be covered into the Treasury. (Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7433; Pub. L. 87–796, § 1(9), Oct. 11, 1962, 76 Stat. 905; Pub. L. 94–258, title II, § 201(14), (15), Apr. 5, 1976, 90 Stat. 313; renumbered § 8733, 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) 7433 ......... 34 U.S.C. 524 (10th par.). June 4, 1920, ch. 228 (10th par. of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1254; June 17, 1944, ch. 262, 58 Stat. 281. In subsection (a) the words ‘‘or all’’ are omitted as surplusage. The words ‘‘under this chapter’’ are sub- stituted for the words ‘‘of lands within the naval petro- leum reserves or other naval fuel reserves under the au- thority of this section’’ for brevity. The words ‘‘be de- livered to the United States, or shall be paid for in money’’ are substituted for the words ‘‘be paid for in money or be paid in kind’’ for clarity. Neither gas, oil, gasoline, nor hydrocarbon can be ‘‘paid’’, but any one of them may be delivered. In subsection (b) the words ‘‘except as otherwise pro- vided in this section’’ are omitted as surplusage. There is no exception within the chapter to the rule stated in subsection (b). The word ‘‘paid’’ is substituted for the words ‘‘which may accrue’’ for clarity. The words ‘‘under this chapter’’ are substituted for the words ‘‘under the provisions of this section or of sections * * * on account of the petroleum products extracted therefrom’’ for brevity. The two terms are coextensive. The sections of 30 U.S.C. that are cited in 34 U.S.C. 524 (10th par.) comprise the entire Act of Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended. The application of that Act to the Navy is covered in § 7427 of this title. The words ‘‘as miscellaneous receipts’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7433 of this title as this section. 1976—Subsec. (a). Pub. L. 94–258, § 201(14), struck out ‘‘of the Navy’’ after ‘‘Secretary’’. Subsec. (b). Pub. L. 94–258, § 201(15), struck out ‘‘and oil shale’’ after ‘‘petroleum’’. 1962—Subsec. (a). Pub. L. 87–796 substituted ‘‘or other substance’’ for ‘‘or other hydrocarbon substance’’. Subsec. (b). Pub. L. 87–796 substituted ‘‘All money ac- cruing to the United States from lands in the naval pe- troleum and oil shale reserves’’ for ‘‘Money paid to the United States for petroleum products under this chap- ter’’. 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. § 8735. Foreign interest (a) If the laws, customs, or regulations of any foreign country deny the privilege of leasing public lands to citizens or corporations of the United States, citizens of that foreign country, or corporations controlled by citizens of that country, may not, by contract made after July 1, 1937, or by stock ownership, holding, or con- trol, acquire or own any interest in, or right to any benefit from, any lease of land in the naval petroleum, naval oil shale, or other naval fuel reserves made under sections 181–184, 185–188, 189–194, 201, 202–209, 211–214, 223, 224–226, 226d, 226e, 227–229a, 241, 251, and 261–263 of title 30, or under this chapter. (b) The Secretary may cancel any lease for any violation of this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7435; Pub. L. 87–796, § 1(11), Oct. 11, 1962, 76 Stat. 906; Pub. L. 94–258, title II, § 201(17), Apr. 5, 1976, 90 Stat. 313; renumbered § 8735, Pub. L. 115–232, div. A, title VIII, § 807(d)(5), Aug. 13, 2018, 132 Stat. 1836.) Page 3370 TITLE 10—ARMED FORCES § 8736 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7435 ......... 34 U.S.C. 524 (8th par.). June 4, 1920, ch. 228 (8th par. of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1254; June 17, 1944, ch. 262, 58 Stat. 281. In subsection (a) the words ‘‘foreign country’’ are substituted for the words ‘‘another country’’ for clar- ity. In subsection (b) the word ‘‘for’’ is substituted for the words ‘‘in the event of’’ for brevity. Editorial Notes REFERENCES IN TEXT Section 194 of title 30, referred to in subsec. (a), was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644. Section 204 of title 30, referred to in subsec. (a), was repealed by Pub. L. 94–377, § 13(a), Aug. 4, 1976, 90 Stat. 1090, subject to valid existing rights. Sections 226d and 226e of title 30, referred to in sub- sec. (a), were omitted from the Code. See section 226 of Title 30, Mineral Lands and Mining. Section 227 of title 30, referred to in subsec. (a), was omitted from the Code. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7435 of this title as this section. 1976—Subsec. (b). Pub. L. 94–258 struck out ‘‘of the Navy’’ after ‘‘Secretary’’. 1962—Subsec. (a). Pub. L. 87–796 substituted ‘‘land in the naval petroleum, naval oil shale, or other naval fuel reserves’’ for ‘‘land in the naval petroleum or other naval fuel 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. § 8736. Regulations (a) The Secretary may prescribe regulations and take any proper action to accomplish the purposes of this chapter. (b) All statements, reports, and representa- tions required by the regulations shall be under oath, unless otherwise specified, and in such form as the Secretary requires. (Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7436; Pub. L. 94–258, title II, § 201(18), Apr. 5, 1976, 90 Stat. 313; renumbered § 8736, 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) 7436 ......... 34 U.S.C. 524 (9th par.). June 4, 1920, ch. 228 (9th par. of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1254; June 17, 1944, ch. 262, 58 Stat. 281. In subsection (a) the words ‘‘necessary rules and’’ are omitted as surplusage, and the words ‘‘to take any proper action’’ are substituted for the words ‘‘to do any and all things necessary or proper’’ for brevity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7436 of this title as this section. 1976—Subsec. (a). Pub. L. 94–258 struck out ‘‘of the Navy, subject to approval by the President,’’ after ‘‘Secretary’’. 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. § 8737. Violations by lessee (a) If a lessee fails to comply with any provi- sion of this chapter, of his lease, or of regula- tions issued under section 8736 of this title that are in force on the date of his lease, the lease may be forfeited and cancelled by an appropriate proceeding in the United States district court for the district in which any part of the property is located. (b) The lease may provide appropriate methods for the settlement of disputes and remedies for breach of specified conditions. (Aug. 10, 1956, ch. 1041, 70A Stat. 461, § 7437; re- numbered § 8737 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7437 ......... 34 U.S.C. 524 (11th par., less proviso). June 4, 1920, ch. 228 (11th par., less proviso, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, § 1, 52 Stat. 1254; June 17, 1944, ch. 262, 58 Stat. 281. In subsection (a) the words ‘‘the district in which any part of the property is located’’ are substituted for the words ‘‘the district in which the property, or some part thereof, is located,’’ for brevity. In subsection (b) the words ‘‘for resort to’’ and ‘‘for’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(d)(5), renumbered section 7437 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8736’’ for ‘‘section 7436’’. 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. § 8738. Rifle, Colorado, plant; possession, use, and transfer of (a) The Secretary shall take possession of the experimental demonstration facility near Rifle,