Sections 151b-151f, act Aug. 8, 1950, ch. 645, §§ 1—3, 6, 7, 64 Stat. 418, 419, which prescribed the functions of the National Advisory Committee for Aeronautics, authorized the transfer of supplies and materials to the Committee, and related to employment of aliens, availability of appropriations, and prosecution of projects, were omitted pursuant to section 301 (a) of Pub. L. 85568, title III, July 29, 1958, 72 Stat. 432, set out as a note under section 2472 of Title 42, The Public Health and Welfare, which terminated the Committee and transferred all its functions, powers, duties and obligations to the National Aeronautics and Space Administration. See chapter 26 of Title 42.

§§ 152, 153. Repealed. May 25, 1948, ch. 335, § 3 (a), (b), 62 Stat. 267.

Section 152, act July 1, 1918, ch. 113, § 1, 40 Stat. 650, as amended July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501, related to office space for Advisory Committee. Section 153, act Mar. 3, 1915, ch. 83, 38 Stat. 930, related to annual reports.

§ 154. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111.

Section, act Apr. 22, 1926, ch. 171, § 1, 44 Stat. 314, related to purchases and services.

§ 155. Repealed. May 25, 1948, ch. 335, § 3 (c), 62 Stat. 267.

Section, act Apr. 22, 1926, ch. 171, § 1, 44 Stat. 314, related to the Langley Memorial Aeronautical Laboratory. §§ 156, 157. Omitted.

CODIFICATION

Section 156, acts Apr. 18, 1940, ch. 107, § 1, 54 Stat. 134; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972, which authorized the National Advisory Committee for Aeronautics to pay the compensation of a retired officer of the Army or Navy performing service for the Committee, was omitted pursuant to section 301(a) of Pub. L. 85-568, title III, July 29, 1958, 72 Stat. 432, set out as a note under section 2472 of Title 42, The Public Health and Welfare, which terminated the Committee and transferred all its functions, powers, duties and obligations to the National Aeronautics and Space Administration. See chapter 26 of title 42.

Section 157, which was from appropriation acts July 30, 1947, ch. 359, title I, § 101, 61 Stat. 600; Apr. 20, 1948, ch. 219, title I, § 101, 62 Stat. 188; Aug. 24, 1949, ch. 506, title I, § 101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, § 101, 64 Stat. 711, was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268.

Section, which was from acts Aug. 24, 1949, ch. 506, title I, § 101, 63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, § 101, 64 Stat. 711, and prior appropriation acts, was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268.

S$ 160a to 160f. Repealed. Pub. L. 85-707, § 21(b)(5), July 7, 1958, 72 Stat. 337.

Sections, Act Apr. 11, 1950, ch. 86, §§ 1-6, 64 Stat. 43, related to graduate study or research by professional employees of the National Advisory Committee for Aeronautics, and are now covered by section 4101 et seq. of Title 5, Government Organization and Employees.

Section 160f was amended by Act May 6, 1954, ch. 183, 68 Stat. 78, and Pub. L. 85-349, Mar. 17, 1958, 72 Stat. 48. EFFECTIVE DATE OF REPEAL

For effective date of repeal, see section 21(a) of Pub.

167d. Sale of helium.

(a) Purchase by Government Agencies.
(b) Sales by the Secretary.

(c) Prices and determinations.

(d) Interest in price determinations.

(e) Prices of sales for medical purposes; sales to non-Federal purchasers.

(f) Helium production fund.

167e. Intragovernmental cooperation.
167f. Condemnation proceedings.
167g. Promulgation of rules and regulations.
167h. Administrative procedure.

1671. Exclusion from the Natural Gas Act.
167j. Loans and obligations.

167k. Violations; penalties

1671. Injunctions.

167m. Individual enterprise in developing helium. 167n. Reports.

SS 161 to 164. Omitted.

CODIFICATION

Act Mar. 3, 1925, ch. 426, 43 Stat. 1110, §§ 1-3, 5, was completely amended, renumbered and revised by Pub. L. 86-777, Sept. 13, 1960, 74 Stat. 918.

Section 161, acts Mar. 3, 1925, ch. 426, § 1, 43 Stat. 1110; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 885, authorized the Secretary of the Interior to acquire and reserve helium-gas lands and to produce and store helium gas. Substantially similar provisions are now covered by 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, § 205 (a), 61 Stat. 501, authorized the Navy Department to acquire helium-gas lands and to produce and experiment with helium gas.

Section 163, acts Mar. 3, 1925, ch. 426, § 2, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895. 50 Stat. 886, authorized the Bureau of Mines to produce helium gas. Similar provisions are now covered by 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, § 3, 43 Stat. 1111; Mar. 3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat. 886, related to the disposal of helium by sale, upon request of the Army or Navy or other Federal Government agencies, or for medicinal, scientific or commercial use, to the deposit and use of funds obtained by the sale of the gas, and to an annual report to Congress by the Secretary of the Interior on said funds. Similar provisions are now covered by section 6 of act Mar. 3. 1925, as amended by Pub. L. 86-777, which is classified to section 167b of this title.

§ 165. Repealed. Aug. 26, 1954, ch. 937, title V, § 542 (a) (13), 68 Stat. 861.

Section, acts Mar. 3, 1925, ch. 426, § 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, and is now covered by section 1934 of Title 22, Foreign Rela

§ 166. Cooperation of Departments to effectuate purposes of chapter.

Section, acts Mar. 3, 1925, ch. 426, § 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, § 205(a), 61 Stat. 501, authorized the Secretaries of the Army and of the Navy to designate representatives to cooperate with the Department of the Interior to effectuate the purposes of the chapter, and gave them the right of access to plants, data and accounts. Similar provisions are now covered by section 7 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167a of this title.

§ 167. Definitions.

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 threetenths of 1 per centum or more of helium by volume.

(Mar. 3, 1925, ch. 426, § 2, as renumbered Sept. 13, 1960, Pub. L. 86–777, § 2, 74 Stat. 918.)

EFFECTIVE DATE OF 1960 AMENDMENT Section 3 of Pub. L. 86-777 provided that: "The amendment made by this Act [to this chapter] shall become effective on March 1, 1961."

SHORT TITLE OF 1960 AMENDMENTS

Section 1 of Pub. L. 86-777 provided that Pub. L. 86-777, which completely amended the provisions of this chapter, may be cited as the "Helium Act Amendments of 1960."

SHORT TITLE

Section 1 of act Mar. 3, 1925, as renumbered by Pub. L. 86-777, § 2, provided that act Mar. 3, 1925, which is classified to this chapter, may be cited as the "Helium Act."

SEPARABILITY OF PROVISIONS

Section 17 of act Mar. 3, 1925, as added by Pub. L. 86-777, § 2, provided that: "If any provision of this Act [chapter], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act [chapter] 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."

§ 167a. Authority of Secretary.

(a) Conserving, producing, buying and selling helium. For the purpose of conserving, producing, buying, and selling helium, the Secretary is authorized

(1) to acquire by purchase, lease, gift, exchange, or eminent domain, lands or interests therein or options thereon, including but not limited to sites, rights-of-way, and oil or gas leases containing obligations to pay rental in advance or damages arising out of the use and operation of such properties; but any such land or interest in lands may be acquired by eminent domain only when the Secretary determines (A) that he is unable to make a satisfactory agreement to acquire such land or interest in land, and (B) that such acquisition by eminent domain is necessary in the national interest;

(2) to make just and reasonable contracts and agreements for the acquisition, processing, trans

portation, or conservation of helium, heliumbearing natural gas, or helium-gas mixtures upon such terms and conditions, and for such periods, not exceeding twenty-five years, as may be necessary to accomplish the purposes of the chapter, except that the Secretary shall not make such contracts and agreements which shall require payments by the Government in any one fiscal year aggregating more than the amount which shall be established initially in an appropriation Act and which may be increased from time to time in appropriation Acts, or if the Secretary

(A) determines that the national interests require the conservation of certain helium or require certain helium-bearing natural gas or certain helium-gas mixture for the production or conservation of helium, and

(B) determines that he is unable to acquire such helium, helium-bearing natural gas, or helium-gas mixture upon reasonable terms and at the fair market value,

he is authorized to acquire by eminent domain such helium and so much of such helium-bearing natural gas or helium-gas mixture as is necessarily consumed in the extraction of such helium after removal from its place of deposit in nature and wherever found, or the temporary use of such helium-bearing natural gas or helium-gas mixture for the purpose of extracting helium, together with the appropriate interest in pipelines, equipment, installations, facilities, personal or real property, including reserves, easements or other rights necessary or incident to the acquisition of such helium, natural gas, or mixture, but the condemnation of any such helium, helium-bearing natural gas, or helium-gas mixture, shall be effected in the same manner and following the procedures established in section 167f (a) of this title, the just compensation for such condemnation to be measured by terms and prices determined to be commensurate with the fair market value, and in the temporary use of any heliumbearing natural gas or helium-gas mixture for the purpose of extracting helium the Secretary shall cause no delay in the delivery of natural gas to the owner, purchaser, or purchasers, thereof, except that required by the extractive processes;

(3) to construct or acquire by purchase, lease, exchange, gift or eminent domain, plants, wells, pipelines, compressor stations, camp buildings, and other facilities, for the production, storage, purification, transportation, purchase, and sale of helium, helium-bearing natural gas, and heliumgas mixtures: and to acquire patents or rights therein and reports of experimentation and research used in connection with the properties acquired or useful in the Government's helium operations;

(4) to dispose of, by lease or sale, property, including wells, lands, or interests therein, not valuable for helium production, and oil, gas, and byproducts, of helium operations not needed for Government use, except that property determined by the Secretary to be "excess" within the meaning of section 3(e) of the Federal Property and Administrative Services Act of June 30, 1949, as

amended, shall be disposed of in accordance with the provisions of that Act; and to issue leases to the surface of lands or structures thereon for grazing or other purposes when the same may be done without interfering with the production of helium; and

(5) to accept equipment, money, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private.

(b) Helium on public domain.

Any known helium-gas-bearing land on the public domain not covered at the time by leases or permits under the Mineral Lands Leasing Act of February 25, 1920, as amended, may be reserved for the purposes of this chapter, and any reservation of the ownership of helium may include the right to extract, or have extracted, such helium, under such rules and regulations as may be prescribed by the Secretary, from all gas produced from lands so permitted, leased, or otherwise granted for development, except that in the extraction of helium from gas produced from such lands, it shall be extracted so as to cause no delay, except that required by the extraction process, in the delivery of gas produced from the well to the purchaser or purchasers thereof at the point of delivery specified in contracts for the purchase of such gas. If any reserved rights of ownership and extraction of helium are not exercised before production of any helium-bearing natural gas or any helium-gas mixture, the Secretary is authorized to acquire such helium in accordance with subsection (a) (2) of this section.

(c) Contract price.

All contracts and agreements made by the Secretary for the acquisition of helium from a private plant shall contain a provision precluding the plant owner from selling any helium to any purchaser other than the Secretary at a price lower than the lowest price paid by any Government agency for helium acquired from any private plant under any contract entered into pursuant to this section and outstanding at the time of such sale. (Mar. 3, 1925, ch. 426, § 3, as renumbered Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 918.)

REFERENCES IN TEXT

Section 3(e) of the Federal Property and Administrative Services Act of June 30, 1949, as amended, referred to in subsec. (a) (4), is classified to section 472(e) of Title 40, Public Buildings, Property and Works.

That Act, referred to in subsec. (a) (4) is act June 30, 1949, ch. 288, 63 Stat. 377. Titles I-IV and VI-VIII thereof are classified to chapters 10 and 16 of Title 40, Public Buildings, Property, and Works, and chapter 4 of Title 41, Public Contracts. Title V thereof was classified to former chapter 11 of Title 44, Public Printing and Documents, but was repealed in the revision of Title 44 by Pub. L. 90620, 3, Oct. 22, 1968, 82 Stat. 1309. The subject matter of such former title V is now covered by chapters 21, 25, 27, 29, and 31 of title 44.

Mineral Lands Leasing Act of Feb. 25, 1920, referred to in subsec. (b), is classified to sections 181-184, 185— 188, 189-192, 193, 194 [repealed], 201, 202-209, 211-214, 223, 224-226.2, 227-229a, 241, 251, 261-263 of Title 30, Mineral Lands and Mining.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167f of this title.

§ 167b. Production of helium; maintenance and operation of facilities; research.

The Secretary is authorized to maintain and operate helium production and purification plants together with facilities and accessories thereto; to acquire, store, transport, sell, and conserve helium, helium-bearing natural gas, and helium-gas mixtures, to conduct exploration for and production of helium on and from the lands acquired, leased, or reserved; and to conduct or contract with public or private parties for experimentation and research to discover helium supplies and to improve processes and methods of helium production, purification. transportation, liquefaction, storage, and utilization: Provided, however, That all research contracted for. sponsored, cosponsored, or authorized under authority of this chapter shall be provided for in such a manner that all information, uses, products, processes, patents and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be available to the general public: And provided further, That nothing contained herein shall be construed as to deprive the owner of any background patent relating thereto to such rights as he may have thereunder. (Mar. 3, 1925, ch. 426, § 4, as renumbered Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 920.) § 167c. Licensing.

(a) Rules and regulations.

Whenever the President determines that the defense, security, and general welfare of the United States requires such action, the Secretary shall issue such regulations as he deems necessary for the licensing of sales and transportation of helium in interstate commerce after extraction from heliumbearing natural gas or helium-gas mixtures. Thereafter it shall be unlawful for any person to sell or transfer helium in interstate commerce except in accordance with such regulations or pursuant to the terms of a license issued by the Secretary, or in accordance with the terms of a contract or agreement with the Secretary entered into pursuant to this chapter. For the purpose of this section, the term "helium" shall mean helium, after extraction from helium-bearing natural gas or helium-gas mixtures, in a refined or semirefined state suitable for use.

(b) Terms; assignments; revocations.

Each license shall be issued for a specified period to be determined by the Secretary, but not exceeding five years, and may be renewed by the Secretary upon the expiration of such period. No such license shall be issued to a person if in the opinion of the Secretary the issuance of a license to such person would be inimical to the defense and security of the United States. No such license shall be assigned or otherwise transferred directly or indirectly except with the consent or approval of the Secretary in writing. Any such license may be revoked for any material false statement in the application for license, or for violation or a failure to comply with the terms and provisions of this chapter, the regu

lations issued by the Secretary pursuant thereto or the terms of the license.

(c) Purpose.

In issuing licenses under this section, the Secretary shall impose such regulations and terms of licenses as will permit him effectively to promote the common defense and security as well as the general welfare of the United States. The licensing authority herein granted shall be used solely for the purpose of preventing the transportation or sale of helium for end uses determined by the Secretary to be nonessential or wasteful, and any determination that any end use is nonessential or wasteful shall be published in the form of general regulations applicable to all transportation or sales of helium. (d) Suspension; reacquisition of supplies.

Whenever Congress or the President declares that a war or national emergency exists, the Secretary is authorized to suspend any license granted under this chapter if in his judgment such suspension is necessary to the defense and security of the United States, and he is further authorized to take such steps as may be necessary to recapture or reacquire supplies of helium. (Mar. 3, 1925, ch. 426, § 5, as renumbered Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 920.)

§ 167d. Sale of helium.

(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 the Secretary.

(b) Sales by the Secretary.

The Secretary is authorized to sell helium for Federal, medical, scientific, and commercial uses in such quantities and under such terms and conditions as he determines.

(c) Prices and determinations.

Sales of 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, together with interest as provided in subsection (d) of this section, the following:

(1) Within twenty-five years from September 13, 1960, the net capital and retained earnings of the helium production fund (established under section 3 of this Act 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 tweny-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.

(d) Interest in price determinations.

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 September 13, 1960, and the interest rate on the obligations specified in clauses (2) and (3) of subsection (c) as of the time of each borrowing.

(e) Prices of sales for medical purposes; sales to nonFederal purchasers.

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.

(f) Helium production fund.

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. (Mar. 3, 1925, ch. 426, § 6, as added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 921.)

REFERENCES IN TEXT

The helium production fund (established under section 3 of this Act prior to the amendment by the Helium Act Amendments of 1960, referred to in subsec. (c) (1), means the fund established under section 3 of act Mar. 3, 1925, which was classified to section 164 of this title, prior to the amendment of act Mar. 3, 1925, by Pub. L. 86-777. For present provisions, see subsec. (f) of this section.

Prior to amendment by the Helium Act Amendments of 1960, referred to in subsec. (c) (1), means prior to Mar. 1. 1961, the effective date of Pub. L. 86-777, which is classified to this chapter.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 167j of this title. § 167e. Intragovernmental cooperation.

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