-CITE-

50 USC CHAPTER 10 - HELIUM GAS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

CHAPTER 10 - HELIUM GAS

-MISC1-

Sec.

161 to 166. Omitted or Repealed.

167. Definitions.

167a. Authority of Secretary.

(a) Extraction and disposal of helium on Federal

lands.

(b) Storage, transportation, and sale.

167b. Storage, transportation, and withdrawal of crude

helium.

(a) Storage, transportation, and withdrawal.

(b) Cessation of production, refining, and

marketing.

(c) Disposal of facilities.

(d) Existing contracts.

167c. Fees for storage, transportation, and withdrawal.

(a) In general.

(b) Treatment.

167d. Sale of helium.

(a) Purchase by Government agencies.

(b) Sales by Secretary.

(c) Prices and determinations; repayable amounts.

(d) Extraction of helium from deposits on Federal

lands.

(e) Helium production fund.

167e. Intragovernmental cooperation.

167f. Elimination of stockpile.

(a) Stockpile sales.

(b) Discovery of additional reserves.

167g. Promulgation of rules and regulations.

167h. Administrative procedure.

167i. Exclusion from Natural Gas Act provisions.

167j. Land conveyance in Potter County, Texas.

(a) In general.

(b) Land description.

167k. Violations; penalties.

167l. Injunctions.

167m. Report on helium.

(a) NAS study and report.

(b) Transmission to Congress.

167n. Repealed.

-End-

-CITE-

50 USC Secs. 161 to 164 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Secs. 161 to 164. Omitted

-COD-

CODIFICATION

Act Mar. 3, 1925, ch. 426, 43 Stat. 1110, as completely amended,

renumbered, and revised by Pub. L. 86-777, Sept. 13, 1960, 74 Stat.

918, is classified to section 167 et seq. of this title.

Section 161, acts Mar. 3, 1925, ch. 426, Sec. 1, 43 Stat. 1110;

Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50

Stat. 885, authorized Secretary of the Interior to acquire and

reserve helium-gas lands and to produce and store helium gas. See

section 3 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which

is classified to section 167a of this title.

Section 162, acts Feb. 12, 1925, ch. 225, title I, 43 Stat. 908;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501,

authorized Navy Department to acquire helium-gas lands and to

produce and experiment with helium gas.

Section 163, acts Mar. 3, 1925, ch. 426, Sec. 2, 43 Stat. 1111;

Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50

Stat. 886, authorized Bureau of Mines to produce helium gas. See

section 4 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which

is classified to section 167b of this title.

Section 164, acts Mar. 3, 1925, ch. 426, Sec. 3, 43 Stat. 1111;

Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50

Stat. 886, related to disposal of helium by sale, upon request of

Army or Navy or other Federal Government agencies, or for

medicinal, scientific or commercial use, to deposit and use of

funds obtained by sale of gas, and to an annual report to Congress

by Secretary of the Interior on said funds. See section 6 of act

Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to

section 167d of this title.

-End-

-CITE-

50 USC Sec. 165 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 165. Repealed. Aug. 26, 1954, ch. 937, title V, Sec.

542(a)(13), 68 Stat. 861

-MISC1-

Section, acts Mar. 3, 1925, ch. 426, Sec. 4, 43 Stat. 1111; Mar.

3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat.

887, related to exportation of helium gas. See section 2778 of

Title 22, Foreign Relations and Intercourse.

-End-

-CITE-

50 USC Sec. 166 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 166. Omitted

-MISC1-

Section, acts Mar. 3, 1925, ch. 426, Sec. 5, 43 Stat. 1111; Mar.

3, 1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat.

887; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501,

authorized Secretaries of Army and Navy to designate

representatives to cooperate with Department of the Interior to

effectuate the purposes of this chapter, and gave them the right of

access to plants, data, and accounts. See section 7 of act Mar. 3,

1925, as amended by Pub. L. 86-777, which is classified to section

167e of this title.

-End-

-CITE-

50 USC Sec. 167 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167. Definitions

-STATUTE-

As used in this chapter:

(1) The term "Secretary" means the Secretary of the Interior;

(2) The term "person" means any individual, corporation,

partnership, firm, association, trust, estate, public or private

institution, or State or political subdivision thereof; and

(3) The terms "helium-bearing natural gas" and "helium-gas

mixture" mean, respectively, natural gas and gas mixtures

containing three-tenths of 1 per centum or more of helium by

volume.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 2, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 918.)

-MISC1-

PRIOR PROVISIONS

A prior section 2 of act Mar. 3, 1925, authorized Bureau of Mines

to produce helium gas and was classified to section 163 of this

title, prior to the general amendment of this chapter by Pub. L.

86-777.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 3 of Pub. L. 86-777 provided that: "The amendment made by

this Act [enacting this section and sections 167a to 167n of this

title] shall become effective on March 1, 1961."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-273, Sec. 1, Oct. 9, 1996, 110 Stat. 3315, provided

that: "This Act [amending sections 167a to 167d, 167f, 167j, and

167m of this title] may be cited as the 'Helium Privatization Act

of 1996'."

SHORT TITLE OF 1960 AMENDMENT

Section 1 of Pub. L. 86-777 provided that: "This Act [enacting

this section, sections 167a to 167n of this title, and provisions

set out as notes below] may be cited as the 'Helium Act Amendments

of 1960'."

SHORT TITLE

Section 1 of act Mar. 3, 1925, as added by Pub. L. 86-777, Sec.

2, provided that: "This Act [enacting this section, sections 167a

to 167n of this title, and provision set out as a note below] may

be cited as the 'Helium Act'."

SEPARABILITY

Section 17 of act Mar. 3, 1925, as added by Pub. L. 86-777, Sec.

2, provided that: "If any provision of this Act [enacting this

section, sections 167a to 167n of this title, and provisions set

out as a note above], or the application of such provision to any

person or circumstance, is held invalid, the remainder of this Act

or the application of such provision to persons or circumstances

other than those as to which it is held invalid, shall not be

affected thereby."

SEVERANCE PACKAGE FOR HELIUM OPERATIONS EMPLOYEES

Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec. 112],

Nov. 29, 1999, 113 Stat. 1535, 1501A-157, provided that:

"(a) Employees of Helium Operations, Bureau of Land Management,

entitled to severance pay under 5 U.S.C. 5595, may apply for, and

the Secretary of the Interior may pay, the total amount of the

severance pay to the employee in a lump sum. Employees paid

severance pay in a lump sum and subsequently reemployed by the

Federal Government shall be subject to the repayment provisions of

5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be

made to the Helium Fund.

"(b) Helium Operations employees who elect to continue health

benefits after separation shall be liable for not more than the

required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The

Helium Fund shall pay for 18 months the remaining portion of

required contributions.

"(c) The Secretary of the Interior may provide for training to

assist Helium Operations employees in the transition to other

Federal or private sector jobs during the facility shut-down and

disposition process and for up to 12 months following separation

from Federal employment, including retraining and relocation

incentives on the same terms and conditions as authorized for

employees of the Department of Defense in section 348 of the

National Defense Authorization Act for Fiscal Year 1995 [Pub. L.

103-337, 10 U.S.C. 1597 note].

"(d) For purposes of the annual leave restoration provisions of 5

U.S.C. 6304(d)(1)(B), the cessation of helium production and sales,

and other related Helium Program activities shall be deemed to

create an exigency of public business under, and annual leave that

is lost during leave years 1997 through 2001 because of 5 U.S.C.

6304 (regardless of whether such leave was scheduled in advance)

shall be restored to the employee and shall be credited and

available in accordance with 5 U.S.C. 6304(d)(2). Annual leave so

restored and remaining unused upon the transfer of a Helium Program

employee to a position of the executive branch outside of the

Helium Program shall be liquidated by payment to the employee of a

lump sum from the Helium Fund for such leave.

"(e) Benefits under this section shall be paid from the Helium

Fund in accordance with section 4(c)(4) of the Helium Privatization

Act of 1996 [probably means the Helium Act, which is classified to

section 167b(c)(4) of this title]. Funds may be made available to

Helium Program employees who are or will be separated before

October 1, 2002 because of the cessation of helium production and

sales and other related activities. Retraining benefits, including

retraining and relocation incentives, may be paid for retraining

commencing on or before September 30, 2002.

"(f) This section shall remain in effect through fiscal year

2002."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 112], Oct.

21, 1998, 112 Stat. 2681-231, 2681-254.

Pub. L. 105-83, title I, Sec. 113, Nov. 14, 1997, 111 Stat. 1562.

-End-

-CITE-

50 USC Sec. 167a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167a. Authority of Secretary

-STATUTE-

(a) Extraction and disposal of helium on Federal lands

(1) In general

The Secretary may enter into agreements with private parties

for the recovery and disposal of helium on Federal lands upon

such terms and conditions as the Secretary deems fair,

reasonable, and necessary.

(2) Leasehold rights

The Secretary may grant leasehold rights to any such helium.

(3) Limitation

The Secretary may not enter into any agreement by which the

Secretary sells such helium other than to a private party with

whom the Secretary has an agreement for recovery and disposal of

helium.

(4) Regulations

Agreements under paragraph (1) may be subject to such

regulations as may be prescribed by the Secretary.

(5) Existing rights

An agreement under paragraph (1) shall be subject to any rights

of any affected Federal oil and gas lessee that may be in

existence prior to the date of the agreement.

(6) Terms and conditions

An agreement under paragraph (1) (and any extension or renewal

of an agreement) shall contain such terms and conditions as the

Secretary may consider appropriate.

(7) Prior agreements

This subsection shall not in any manner affect or diminish the

rights and obligations of the Secretary and private parties under

agreements to dispose of helium produced from Federal lands in

existence on October 9, 1996, except to the extent that such

agreements are renewed or extended after October 9, 1996.

(b) Storage, transportation, and sale

The Secretary may store, transport, and sell helium only in

accordance with this chapter.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 3, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 918; amended Pub. L. 104-273, Sec. 3, Oct.

9, 1996, 110 Stat. 3315.)

-MISC1-

PRIOR PROVISIONS

A prior section 3 of act Mar. 3, 1925, related to disposal of

helium by sale, use of funds so obtained, and reports to Congress

on such uses and was classified to section 164 of this title, prior

to the general amendment of this chapter by Pub. L. 86-777.

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section enumerated various aspects of Secretary's

authority, including provisions in subsec. (a) relating to

conserving, producing, buying, and selling helium, in subsec. (b)

relating to helium on public domain, and in subsec. (c) relating to

contract price for helium.

-End-

-CITE-

50 USC Sec. 167b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167b. Storage, transportation, and withdrawal of crude helium

-STATUTE-

(a) Storage, transportation, and withdrawal

The Secretary may store, transport, and withdraw crude helium and

maintain and operate crude helium storage facilities, in existence

on October 9, 1996, at the Bureau of Mines Cliffside Field, and

related helium transportation and withdrawal facilities.

(b) Cessation of production, refining, and marketing

Not later than 18 months after October 9, 1996, the Secretary

shall cease producing, refining, and marketing refined helium and

shall cease carrying out all other activities relating to helium

which the Secretary was authorized to carry out under this chapter

before October 9, 1996, except activities described in subsection

(a) of this section.

(c) Disposal of facilities

(1) In general

Subject to paragraph (5), not later than 24 months after the

cessation of activities referred to in subsection (b) of this

section, the Secretary shall designate as excess property and

dispose of all facilities, equipment, and other real and personal

property, and all interests therein, held by the United States

for the purpose of producing, refining and marketing refined

helium.

(2) Applicable law

The disposal of such property shall be in accordance with the

Federal Property and Administrative Services Act of 1949.(!1)

(3) Proceeds

All proceeds accruing to the United States by reason of the

sale or other disposal of such property shall be treated as

moneys received under this chapter for purposes of section

167d(f) of this title.

(4) Costs

All costs associated with such sale and disposal (including

costs associated with termination of personnel) and with the

cessation of activities under subsection (b) of this section

shall be paid from amounts available in the helium production

fund established under section 167d(f) of this title.

(5) Exception

Paragraph (1) shall not apply to any facilities, equipment, or

other real or personal property, or any interest therein,

necessary for the storage, transportation, and withdrawal of

crude helium or any equipment, facilities, or other real or

personal property, required to maintain the purity, quality

control, and quality assurance of crude helium in the Bureau of

Mines Cliffside Field.

(d) Existing contracts

(1) In general

All contracts that were entered into by any person with the

Secretary for the purchase by the person from the Secretary of

refined helium and that are in effect on October 9, 1996, shall

remain in force and effect until the date on which the refining

operations cease, as described in subsection (b) of this section.

(2) Costs

Any costs associated with the termination of contracts

described in paragraph (1) shall be paid from the helium

production fund established under section 167d(f) of this title.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 4, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104-273, Sec. 3, Oct.

9, 1996, 110 Stat. 3316.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(2), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

PRIOR PROVISIONS

A prior section 4 of act Mar. 3, 1925, related to exportation of

helium gas and was classified to section 165 of this title, prior

to repeal by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(13),

68 Stat. 861.

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section consisted of single par. authorizing Secretary

to maintain and operate helium production and purification plants

and to conduct or contract for research as to helium production,

purification, transportation, liquefaction, storage, and

utilization.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 167d of this title; title

35 section 210.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 167c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167c. Fees for storage, transportation, and withdrawal

-STATUTE-

(a) In general

Whenever the Secretary provides helium storage withdrawal or

transportation services to any person, the Secretary shall impose a

fee on the person to reimburse the Secretary for the full costs of

providing such storage, transportation, and withdrawal.

(b) Treatment

All fees received by the Secretary under subsection (a) of this

section shall be treated as moneys received under this chapter for

purposes of section 167d(f) of this title.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 5, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104-273, Sec. 3, Oct.

9, 1996, 110 Stat. 3317.)

-MISC1-

PRIOR PROVISIONS

A prior section 5 of act Mar. 3, 1925, authorized governmental

cooperation with Department of the Interior to effectuate the

purposes of this chapter and was classified to section 166 of this

title, prior to the general amendment of this chapter by Pub. L.

86-777.

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section related to licensing for extraction,

transportation, and sale of helium under Federal helium refining

program, including provisions in subsec. (a) relating to rules and

regulations, in subsec. (b) relating to terms, assignments, and

revocations of licenses, in subsec. (c) relating to purpose of

licenses, and in subsec. (d) relating to suspension of licenses and

reacquisition of helium supplies in times of war or national

emergency.

-End-

-CITE-

50 USC Sec. 167d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167d. Sale of helium

-STATUTE-

(a) Purchase by Government agencies

The Department of Defense, the Atomic Energy Commission, and

other agencies of the Federal Government, to the extent that

supplies are readily available, shall purchase all major

requirements of helium from persons who have entered into

enforceable contracts to purchase an equivalent amount of crude

helium from the Secretary.

(b) Sales by Secretary

The Secretary is authorized to sell crude helium for Federal,

medical, scientific, and commercial uses in such quantities and

under such terms and conditions as he determines. Except as may be

required by reason of subsection (a) of this section, sales of

crude helium under this section shall be in amounts as the

Secretary determines, in consultation with the helium industry,

necessary to carry out this subsection with minimum market

disruption.

(c) Prices and determinations; repayable amounts

Sales of crude helium by the Secretary shall be at prices

established by him which shall be adequate to cover all costs

incurred in carrying out the provisions of this chapter and to

repay to the United States by deposit in the Treasury, all funds

required to be repaid to the United States as of October 1, 1995

under this section (referred to in this subsection as "repayable

amounts"). The price at which crude helium is sold by the Secretary

shall not be less than the amount determined by the Secretary by -

(1) dividing the outstanding amount of such repayable amounts

by the volume (in million cubic feet) of crude helium owned by

the United States and stored in the Bureau of Mines Cliffside

Field at the time of the sale concerned, and

(2) adjusting the amount determined under paragraph (1) by the

Consumer Price Index for years beginning after December 31, 1995.

(d) Extraction of helium from deposits on Federal lands

All moneys received by the Secretary from the sale or disposition

of helium on Federal lands shall be paid to the Treasury and

credited against the amounts required to be repaid to the Treasury

under subsection (c) of this section.

(e) Helium production fund

(1) All moneys received under this chapter, including moneys from

sale of helium or other products resulting from helium operations

and from the sale of excess property shall be credited to the

helium production fund, which shall be available without fiscal

year limitation, for carrying out the provisions of this chapter,

including any research relating to helium carried out by the

Department of the Interior. Amounts accumulating in said fund in

excess of amounts the Secretary deems necessary to carry out this

chapter and contracts negotiated hereunder shall be paid to the

Treasury and credited against the amounts required to be repaid to

the Treasury under subsection (c) of this section.

(2)(A) Within 7 days after the commencement of each fiscal year

after the disposal of the facilities referred to in section 167b(c)

of this title, all amounts in such fund in excess of $2,000,000 (or

such lesser sum as the Secretary deems necessary to carry out this

chapter during such fiscal year) shall be paid to the Treasury and

credited as provided in paragraph (1).

(B) On repayment of all amounts referred to in subsection (c) of

this section, the fund established under this section shall be

terminated and all moneys received under this chapter shall be

deposited in the general fund of the Treasury.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 6, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 921; amended Pub. L. 104-273, Sec. 4, Oct.

9, 1996, 110 Stat. 3317.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-273, Sec. 4(a), substituted "from

persons who have entered into enforceable contracts to purchase an

equivalent amount of crude helium from the Secretary" for "from the

Secretary".

Subsec. (b). Pub. L. 104-273, Sec. 4(b), inserted "crude" before

"helium" and inserted at end "Except as may be required by reason

of subsection (a) of this section, sales of crude helium under this

section shall be in amounts as the Secretary determines, in

consultation with the helium industry, necessary to carry out this

subsection with minimum market disruption."

Subsec. (c). Pub. L. 104-273, Sec. 4(c)(2), which directed the

amendment of subsec. (c) by substituting "all funds required to be

repaid to the United States as of October 1, 1995 under this

section (referred to in this subsection as 'repayable amounts').

The price at which crude helium is sold by the Secretary shall not

be less than the amount determined by the Secretary by - " and

pars. (1) and (2) for "together with interest as provided in this

subsection" and all that followed through the end of the subsec.,

was executed by making the substitution for language which read

"together with interest as provided in subsection (d) of this

section, the following:" along with former pars. (1) to (3), to

reflect the probable intent of Congress. Prior to amendment, pars.

(1) to (3) read as follows:

"(1) Within twenty-five years from September 13, 1960, the net

capital and retained earnings of the helium production fund

(established under section 164 of this title prior to amendment by

the Helium Act Amendments of 1960), determined by the Secretary as

of September 13, 1960, plus any moneys expended thereafter by the

Department of the Interior from funds provided in the Supplemental

Appropriation Act, 1959, for construction of a helium plant at

Keyes, Oklahoma;

"(2) Within twenty-five years from the date of borrowing, all

funds borrowed, as provided in section 167j of this chapter, to

acquire and construct helium plants and facilities; and

"(3) Within twenty-five years from September 13, 1960, unless the

Secretary determines that said period should be extended for not

more than ten years, all funds borrowed, as provided in section

167j of this title for all purposes other than those specified in

clause (2) above."

Pub. L. 104-273, Sec. 4(c)(1), inserted "crude" after "Sales of".

Subsec. (d). Pub. L. 104-273, Sec. 4(d), inserted heading and

amended text generally. Prior to amendment, text read as follows:

"Compound interest on the amounts specified in clauses (1), (2),

and (3) of subsection (c) of this section which have not been paid

to the Treasury shall be calculated annually at rates determined by

the Secretary of the Treasury taking into consideration the current

average market yields of outstanding marketable obligations of the

United States having maturities comparable to the investments

authorized by this chapter, except that the interest rate on the

amounts specified in clause (1) of subsection (c) of this section

shall be determined as of Sept. 13, 1960, and the interest rate on

the obligations specified in clauses (2) and (3) of subsection (c)

of this section as of the time of each borrowing."

Subsecs. (e), (f). Pub. L. 104-273, Sec. 4(e), (f), redesignated

subsec. (f) as (e)(1), added par. (2), and struck out former

subsec. (e) which read as follows: "Helium shall be sold for

medical purposes at prices which will permit its general use

therefor; and all sales of helium to non-Federal purchasers shall

be upon condition that the Federal Government shall have a right to

repurchase helium so sold that has not been lost or dissipated,

when needed for Government use, under terms and at prices

established by regulations."

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See also Transfer of Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 167b, 167c, 167f of this

title.

-End-

-CITE-

50 USC Sec. 167e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167e. Intragovernmental cooperation

-STATUTE-

The Secretary of Defense and the Chairman of the Atomic Energy

Commission may each designate representatives to cooperate with the

Secretary in carrying out the purposes of this chapter, and shall

have complete right of access to plants, data, and accounts.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 7, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 921.)

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See also Transfer of Functions notes set out under those sections.

-End-

-CITE-

50 USC Sec. 167f 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167f. Elimination of stockpile

-STATUTE-

(a) Stockpile sales

(1) Commencement

Not later than January 1, 2005, the Secretary shall commence

offering for sale crude helium from helium reserves owned by the

United States in such amounts as would be necessary to dispose of

all such helium reserves in excess of 600,000,000 cubic feet on a

straight-line basis between such date and January 1, 2015.

(2) Times of sale

The sales shall be at such times during each year and in such

lots as the Secretary determines, in consultation with the helium

industry, to be necessary to carry out this subsection with

minimum market disruption.

(3) Price

The price for all sales under paragraph (1), as determined by

the Secretary in consultation with the helium industry, shall be

such price as will ensure repayment of the amounts required to be

repaid to the Treasury under section 167d(c) of this title.

(b) Discovery of additional reserves

The discovery of additional helium reserves shall not affect the

duty of the Secretary to make sales of helium under subsection (a)

of this section.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 8, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 922; amended Pub. L. 104-273, Sec. 5, Oct.

9, 1996, 110 Stat. 3318.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section related to condemnation proceedings under

Federal helium refining program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 167m of this title.

-End-

-CITE-

50 USC Sec. 167g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167g. Promulgation of rules and regulations

-STATUTE-

The Secretary is authorized to establish and promulgate such

rules and regulations, as are consistent with the directions of

this chapter and are necessary to carry out the provisions hereof.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 9, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 922.)

-End-

-CITE-

50 USC Sec. 167h 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167h. Administrative procedure

-STATUTE-

(a) The provisions of subchapter II of chapter 5 of title 5 shall

apply to any agency proceeding and any agency action taken under

this chapter, including the issuance of rules and regulations, and

the terms "agency proceeding" and "agency action" shall have the

meaning specified in subchapter II of chapter 5 of title 5.

(b) In any proceeding under this chapter for the granting,

suspending, revoking, or amending of any license, or application to

transfer control thereof, and in any proceeding for the issuance or

modification of rules and regulations dealing with the activities

of licensees, the Secretary shall grant a hearing upon the request

of any person whose interest may be affected by the proceeding, and

shall admit any such person as a party to such proceeding. Any

final order entered in any such proceeding shall be subject to

judicial review in the manner prescribed in chapter 158 of title

28, and to the provisions of chapter 7 of title 5.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 10, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 922.)

-COD-

CODIFICATION

In subsecs. (a) and (b), "subchapter II of chapter 5 of title 5"

and "chapter 7 of title 5" substituted for "the Administrative

Procedure Act of June 11, 1946 (60 Stat. 637; 5 U.S.C. 1001-1011),

as amended", "the Administrative Procedure Act", and "section 10 of

the Administrative Procedure Act", respectively, on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

In subsec. (b), "chapter 158 of title 28" substituted for "the

Act of December 29, 1950 (64 Stat. 1129; 5 U.S.C. 1031-1042), as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, section 4(e) of which enacted chapter 158 of Title

28, Judiciary and Judicial Procedure.

-End-

-CITE-

50 USC Sec. 167i 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167i. Exclusion from Natural Gas Act provisions

-STATUTE-

The provisions of the Natural Gas Act of June 21, 1938, as

amended [15 U.S.C. 717 et seq.], shall not be applicable to the

sale, extraction, processing, transportation, or storage of helium

either prior to or subsequent to the separation of such helium from

the natural gas with which it is commingled, whether or not the

provisions of such Act apply to such natural gas, and in

determining the rates of a natural gas company under sections 4 and

5 of the Natural Gas Act, as amended [15 U.S.C. 717c, 717d],

whenever helium is extracted from helium-bearing natural gas, there

shall be excluded (1) all income received from the sale of helium;

(2) all direct costs incurred in the extraction, processing,

compression, transportation or storage of helium; and (3) that

portion of joint costs of exploration, production, gathering,

extraction, processing, compression, transportation or storage

divided and allocated to helium on a volumetric basis.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 11, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 922.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act of June 21, 1938, as amended, referred to in

text, means act June 21, 1938, ch. 556, 52 Stat. 821, as amended,

known as the Natural Gas Act, which is classified generally to

chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see section 717w

of Title 15 and Tables.

-End-

-CITE-

50 USC Sec. 167j 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167j. Land conveyance in Potter County, Texas

-STATUTE-

(a) In general

The Secretary of the Interior shall transfer all right, title,

and interest of the United States in and to the parcel of land

described in subsection (b) of this section to the Texas Plains

Girl Scout Council for consideration of $1, reserving to the United

States such easements as may be necessary for pipeline

rights-of-way.

(b) Land description

The parcel of land referred to in subsection (a) of this section

is all those certain lots, tracts or parcels of land lying and

being situated in the County of Potter and State of Texas, and

being the East Three Hundred Thirty-One (E331) acres out of Section

Seventy-eight (78) in Block Nine (9), B.S. & F. Survey, (some times

known as the G.D. Landis pasture) Potter County, Texas, located by

certificate No. 1/39 and evidenced by letters patents Nos. 411 and

412 issued by the State of Texas under date of November 23, 1937,

and of record in Vol. 66A of the Patent Records of the State of

Texas. The metes and bounds description of such lands is as

follows:

(1) First tract

One Hundred Seventy-one (171) acres of land known as the North

part of the East part of said survey Seventy-eight (78)

aforesaid, described by metes and bounds as follows:

Beginning at a stone 20 x 12 x 3 inches marked X, set by W.D.

Twichell in 1905, for the Northeast corner of this survey and

the Northwest corner of Section 59;

Thence, South 0 degrees 12 minutes East with the West line of

said Section 59, 999.4 varas to the Northeast corner of the

South 160 acres of East half of Section 78;

Thence, North 89 degrees 47 minutes West with the North line

of the South 150 acres of the East half, 956.8 varas to a point

in the East line of the West half Section 78;

Thence, North 0 degrees 10 minutes West with the East line of

the West half 999.4 varas to a stone 18 x 14 x 3 inches in the

middle of the South line of Section 79;

Thence, South 89 degrees 47 minutes East 965 varas to the

place of beginning.

(2) Second tract

One Hundred Sixty (160) acres of land known as the South part

of the East part of said survey No. Seventy-eight (78) described

by metes and bounds as follows:

Beginning at the Southwest corner of Section 59, a stone

marked X and a pile of stones; Thence, North 89 degrees 47

minutes West with the North line of Section 77, 966.5 varas to

the Southeast corner of the West half of Section 78; Thence,

North 0 degrees 10 minutes West with the East line of the West

half of Section 78;

Thence, South 89 degrees 47 minutes East 965.8 varas to a

point in the East line of Section 78;

Thence, South 0 degrees 12 minutes East 934.6 varas to the

place of beginning.

Containing an area of 331 acres, more or less.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 12, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 923; amended Pub. L. 104-273, Sec. 6, Oct.

9, 1996, 110 Stat. 3318.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section related to Secretary's authority under Federal

helium refining program to obtain loans and issue obligations to

carry out program.

-End-

-CITE-

50 USC Sec. 167k 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167k. Violations; penalties

-STATUTE-

Whoever willfully violates, attempts to violate, or conspires to

violate, any provision of this chapter or any regulation or order

issued or any terms of a license granted thereunder shall, upon

conviction thereof, be punished by a fine of not more than $5,000

or by imprisonment for not more than two years, or both, except

that whoever commits such an offense with intent to injure the

United States or with intent to secure an advantage to any foreign

nation, shall upon conviction thereof, be punished by a fine of not

more than $20,000 or by imprisonment for not more than twenty

years, or both.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 13, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 923.)

-End-

-CITE-

50 USC Sec. 167l 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167l. Injunctions

-STATUTE-

Whenever in the judgment of the Secretary any person has engaged

or is about to engage in any act or practice which constitutes or

will constitute a violation of any provision of this chapter, or

any regulation or order issued or any term of a license granted

thereunder, any such act or practice may be enjoined by any

district court having jurisdiction of such person, and proper

proceedings to this end may be instituted under the direction of

the Attorney General of the United States.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 14, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 923.)

-End-

-CITE-

50 USC Sec. 167m 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167m. Report on helium

-STATUTE-

(a) NAS study and report

Not later than three years before the date on which the Secretary

commences offering for sale crude helium under section 167f of this

title, the Secretary shall enter into appropriate arrangements with

the National Academy of Sciences to study and report on whether

such disposal of helium reserves will have a substantial adverse

effect on United States scientific, technical, biomedical, or

national security interests.

(b) Transmission to Congress

Not later than 18 months before the date on which the Secretary

commences offering for sale crude helium under section 167f of this

title, the Secretary shall transmit to the Congress -

(1) the report of the National Academy under subsection (a) of

this section;

(2) the findings of the Secretary, after consideration of the

conclusions of the National Academy under subsection (a) of this

section and after consultation with the United States helium

industry and with heads of affected Federal agencies, as to

whether the disposal of the helium reserve under section 167f of

this title will have a substantial adverse effect on the United

States helium industry, United States,(!1) helium market or

United States,(!1) scientific, technological, biomedical, or

national security interests; and

(3) if the Secretary determines that selling the crude helium

reserves under the formula established in section 167f of this

title will have a substantial adverse effect on the United States

helium industry, the United States helium market or United States

scientific, technological, biomedical, or national security

interest, the Secretary shall make recommendations, including

recommendations for proposed legislation, as may be necessary to

avoid such adverse effects.

-SOURCE-

(Mar. 3, 1925, ch. 426, Sec. 15, as added Pub. L. 86-777, Sec. 2,

Sept. 13, 1960, 74 Stat. 923; amended Pub. L. 104-273, Sec. 7, Oct.

9, 1996, 110 Stat. 3319.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-273 amended section generally. Prior to

amendment, section related to individual enterprise in developing

helium.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

50 USC Sec. 167n 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 10 - HELIUM GAS

-HEAD-

Sec. 167n. Repealed. Pub. L. 105-362, title IX, Sec. 901(q), Nov.

10, 1998, 112 Stat. 3291

-MISC1-

Section, act Mar. 3, 1925, ch. 426, Sec. 16, as added Pub. L.

86-777, Sec. 2, Sept. 13, 1960, 74 Stat. 923, directed Secretary of

the Interior to make annual reports to Congress.

-End-