SIMILAR PROVISIONS

Similar provisions were contained in the following prior appropriation acts:

Dec. 29, 1981, Pub. L. 97-114, title VII, § 712, 95 Stat. 1580.

Dec. 15, 1980, Pub. L. 96-527, title VII, § 713, 94 Stat. 3082.

Dec. 21, 1979, Pub. L. 96-154, title VII, § 713, 93 Stat. 1154.

Oct. 13, 1978, Pub. L. 95-457, title VIII, § 813, 92 Stat. 1246.

Sept. 21, 1977, Pub. L. 95-111, title VIII, § 812, 91 Stat. 901.

Sept. 22, 1976, Pub. L. 94-419, title VII, § 712, 90 Stat. 1293.

Feb. 9, 1976, Pub. L. 94-212, title VII, § 712, 90 Stat. 170.

Oct. 8, 1974, Pub. L. 93-437, title VIII, § 812, 88 Stat. 1226.

Jan. 2, 1974, Pub. L. 93-238, title VII, § 712, 87 Stat. 1040.

Oct. 26, 1972, Pub. L. 92-570, title VII, § 712, 86 Stat. 1198.

Dec. 18, 1971, Pub. L. 92-204, title VII, § 712, 85 Stat. 729.

Jan. 11, 1971, Pub. L. 91-668, title VIII, § 812, 84 Stat. 2032.

Dec. 29, 1969, Pub. L. 91-171, title VI, § 612, 83 Stat. 481.

Oct. 17, 1968, Pub. L. 90-580, title V, § 511, 82 Stat. 1131.

Sept. 29, 1967, Pub. L. 90-96, title VI, § 611, 81 Stat. 244.

Oct. 15, 1966, Pub. L. 89-687, title VI, § 611, 80 Stat. 992.

Sept. 29, 1965, Pub. L. 89-213, title VI, § 611, 79 Stat. 875.

Aug. 19, 1964, Pub. L. 88-446, title V, § 511, 78 Stat. 476.

Oct. 17, 1963, Pub. L. 88-149, title V, § 511, 77 Stat. 265.

Aug. 9, 1962, Pub. L. 87-577, title V, § 511, 76 Stat. 329.

Aug. 17, 1961, Pub. L. 87-144, title VI, § 611, 75 Stat. 377.

July 7, 1960, Pub. L. 86-601, title V, § 511, 74 Stat. 351.

Aug. 18, 1959, Pub. L. 86-166, title V, § 611, 73 Stat. 380.

Aug. 22, 1958, Pub. L. 85-724, title VI, § 611, 72 Stat. 725.

Aug. 2, 1957, Pub. L. 85-117, title VI, § 612, 71 Stat. 325.

July 2, 1956, ch. 488, title VI, § 612, 70 Stat. 469. July 13, 1955, ch. 358, title VII, § 715, 69 Stat. 352. June 30, 1954, ch. 432, title VII, § 715, 68 Stat. 352. CHAPTER 6—WILLFUL DESTRUCTION, ETC., OF WAR OR NATIONAL-DEFENSE MATERIAL

88 101 to 106. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

Section 101, acts Apr. 20, 1918, ch. 59, § 1, 40 Stat. 533; Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related to definition of war terms. See section 2151 of Title 18, Crimes and Criminal Procedure.

Section 102, act Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534, related to destruction or injury of war material in time of war. See section 2153 of Title 18.

Section 103, act Apr. 20, 1918, ch. 59, § 3, 40 Stat. 534, related to making or causing to be made defective war material. See section 2154 of Title 18.

Section 104, act Apr. 20, 1918, ch. 59, § 4, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, and amended Aug. 21, 1941, ch. 388, 55 Stat. 655, related to definition of national-defense terms. See section 2151 of Title 18.

Section 105, act Apr. 20, 1918, ch. 59, § 5, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to destruction or injury of national-defense materials. See section 2155 of Title 18.

Section 106, act Apr. 20, 1918, ch. 59, § 6, as added Nov. 30, 1940, ch. 926, 54 Stat. 1220, related to the making or causing to be made defective national-defense material. See section 2156 of Title 18.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

CHAPTER 7-INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED STATES

§§ 111 to 113. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

Section 111, act Apr. 19, 1918, ch. 58, § 1, 40 Stat. 533, related to prohibited acts affecting homing pigeons owned by United States. See section 45 of Title 18, Crimes and Criminal Procedure.

Section 112, act Apr. 19, 1918, ch. 58, § 2, 40 Stat. 533, related to possession of pigeons as evidence of violation of law. See section 45 of Title 18.

Section 113, act Apr. 19, 1918, ch. 58, § 3, 40 Stat. 533, related to punishment. See section 45 of Title 18.

§§ 121 to 144. Repealed. Pub. L. 91-452, title XI, § 1106(a), Oct. 15, 1970, 84 Stat. 960

Section 121, acts Oct. 6, 1917, ch. 83, § 1, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, defined the terms "explosive", "explosives", "ingredients", "person", and "Director". See section 841 of Title 18, Crimes and Criminal Procedure.

Section 122, acts Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, related to the unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. See section 842 of Title 18.

Section 123, acts Oct. 6, 1917, ch. 83, § 3, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85-726, title XIV, § 1405, 72 Stat. 808; Oct. 15, 1966, Pub. L. 89-670, § 8(f), 80 Stat. 943, excepted from the provisions of this chapter the purchase or possession of ingredients when purchased or held in small quantities and not used or intended to be used in the manufacture of explosives, explosives or ingredients in transit in conformity with the applicable law, explosives manufactured under the authority of the United States for the armed forces or the F.B.I., and arsenals, etc., owned by, or operated by or on behalf of, the United States. See section 845 of Title 18.

Section 124, acts Oct. 6, 1917, ch. 83, § 4, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, authorized a superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, when licensed, to sell or issue to any employee under him such amount of explosives or ingredients required by that employee in the performance of his duties. See section 843 of Title 18.

Section 125, acts Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, related to the

applicability of the prohibitory provisions of this chapter.

Section 126, acts Oct. 6, 1917, ch. 83, § 5, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, required licensees to keep records of the disposition of explosives or ingredients. See section 843 of Title 18.

Section 127, acts Oct. 6, 1917, ch. 83, § 6, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865, authorized the issuance of licenses. See section 843 of Title 18.

Section 128, acts Oct. 6, 1917, ch. 83, § 7, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865, set forth the procedure for the issuance of licenses and the fees for such licenses.

Section 129, acts Oct. 6, 1917, ch. 83, § 8, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865; Ex. Ord. No. 9287, eff. Dec. 24, 1942, 7 F.R. 10897, provided for the term of the license, the qualifications of applicants for licenses, and the revocation of the license. See section 843 of Title 18.

Section 130, acts Oct. 6, 1917, ch. 83, § 9, 40 Stat. 386; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 866, set forth the contents of applications for licenses. See section 843 of Title 18.

Section 131, acts Oct. 6, 1917, ch. 83, § 10, 40 Stat. 387; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 866, required the licensee or applicant to furnish information upon request of the Director or his authorized representative. See section 843 of Title 18.

Section 132, acts Oct. 6, 1917, ch. 83, § 11, 40 Stat. 387; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 867, related to false representations as to the required license.

Section 133, acts Oct. 6, 1917, ch. 83, § 12, 40 Stat. 387; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 867, related to markings on manufacturing or storage premises for explosives.

Section 134, act July 1, 1918, ch. 113, § 1, 40 Stat. 671, related to the cancellation of licenses for violations of law. See section 844 of Title 18.

Section 135, acts Oct. 6, 1917, ch. 83, § 13, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 867, related to the exclusion of the public from manufacturing or storage premises for explosives and the discharge of firearms, etc., on such premises.

Section 136, acts Oct. 6, 1917, ch. 83, § 14, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 867, authorized investigations by the Director of explosions and fires involving explosives or ingredients of explosives.

Section 137, acts Oct. 6, 1917, ch. 83, § 15, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 867, authorized the Director to exercise the authority conferred upon him by this chapter under the supervision of the Secretary of the Interior and the cooperation of other agencies with the Director in the administration and enforcement of this chapter.

Section 138, acts Oct. 6, 1917, ch. 83, § 16, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 868; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972, authorized the employment of personnel for the administration of this chapter.

Section 139, acts Oct. 6, 1917, ch. 83, § 17, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 868, prohibited any officer, employee, or licensing agent from divulging any information obtained in the course of his duties under this chapter.

Section 140, acts Oct. 6, 1917, ch. 83, § 18, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 868, authorized the Director to issue rules and regulations. See section 847 of Title 18.

Section 141, acts Oct. 6, 1917, ch. 83, § 19, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 868, set forth the penalties for violations of this chapter. See section 844 of Title 18.

Section 142, acts Oct. 6, 1917, ch. 83, § 20, 40 Stat. 388; Dec. 26, 1941, ch. 633, § 2, 55 Stat. 868, provided that this chapter and the regulations issued pursuant to it were to become operative only during war or national emergency.

Section 143, act Oct. 6, 1917, ch. 83, § 21, 40 Stat. 389, related to agencies available for the enforcement of the provisions of this chapter.

Section 144, act July 1, 1918, ch. 113, § 1, 40 Stat. 671, subjected platinum, iridium, and palladium and compounds thereof to the provisions of this chapter. CHAPTER 9-AIRCRAFT

88 151 to 151f. Omitted

CODIFICATION

Sections 151 to 151f which related to a National Advisory Committee for Aeronautics were 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 section 2451 et seq. of Title 42.

Section 151, acts Mar. 3, 1915, ch. 83, 38 Stat. 930; Mar. 2, 1929, ch. 482, 45 Stat. 1451; June 23, 1938, ch. 601, § 1107(e), 52 Stat. 1027; 1940 Reorg. Plan No. IV, § 7, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1235; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; May 25, 1948, ch. 335, § 1, 62 Stat. 266; Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591; Aug. 8, 1950, ch. 645, § 4, 64 Stat. 419; June 3, 1954, ch. 254, 68 Stat. 170, established a National Advisory Committee for Aeronautics, provided for its composition, prescribed the compensation of members and duties of the Committee, and required reports to the Congress.

Section 151a, act Mar. 2, 1929, ch. 482, 45 Stat. 1451, was incorporated in section 151 of this title.

Section 151b, act Aug. 8, 1950, ch. 645, § 1, 64 Stat. 418, related to the functions of the Committee. Section 151c, act Aug. 8, 1950, ch. 645, § 2, 64 Stat. 418, related to transfer of supplies to the Committee. Section 151d, act Aug. 8, 1950, ch. 645, § 3, 64 Stat. 418, related to employment of aliens.

Section 151e, act Aug. 8, 1950, ch. 645, § 6, 64 Stat. 419, related to the availability of appropriations. Section 151f, act Aug. 8, 1950, ch. 645, § 7, 64 Stat. 419, related to the prosecution of projects.

§§ 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, 84, 54 Stat. 1114

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.

88 156, 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, 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. See note set out under sections 151 to 151f of this title.

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.

§§ 158 to 159. Transferred

CODIFICATION

Section 158, act Aug. 1, 1947, ch. 433, § 1(b), (c), as added July 13, 1949, ch. 332, § 1, 63 Stat. 410, which related to professional and scientific service on the Committee, was transferred to section 1161 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.

Section 158a, act Aug. 1, 1947, ch. 433, § 2, 61 Stat. 715, which related to the classification of positions and appointments, was transferred to section 1162 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(b) of Title 5, Government Organization and Employees.

Section 159, acts Aug. 1, 1947, ch. 433, § 3, 61 Stat. 715; July 13, 1949, ch. 332, § 2, 63 Stat. 411, which related to reports to Congress and confidential information, was transferred to section 1163 of former Title 5, Executive Departments and Government Officers and Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(c) of Title 5, Government Organization and Employees.

§ 160. Omitted

CODIFICATION

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, related to employment of aliens, and was not repeated in the Independent Offices Appropriation Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268.

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

Section 160a, act Apr. 11, 1950, ch. 86, § 1, 64 Stat. 43, related to employees pursuing graduate study or research.

Section 160b, act Apr. 11, 1950, ch. 86, § 2, 64 Stat. 43, related to acceptable types of graduate study and research.

Section 160c, act Apr. 11, 1950, ch. 86, § 3, 64 Stat. 43, related to duration of leaves of absence available. Section 160d, act Apr. 11, 1950, ch. 86, § 4, 64 Stat. 43, related to payment of tuition and expenses.

Section 160e, act Apr. 11, 1950, ch. 86, § 5, 64 Stat. 43, related to continuation of salary and leave benefits.

Section 160f, acts Apr. 11, 1950, ch. 86, § 6, 64 Stat. 43; May 6, 1954, ch. 183, 68 Stat. 78; Mar. 17, 1958, Pub. L. 85-349, 72 Stat. 48, related to limitation on government expenditure.

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, § 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. 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, § 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. 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, § 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. See section 6 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167d 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. See section 2778 of Title 22, Foreign Relations and Intercourse.

§ 166. Omitted

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. See section 7 of act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to section 167e 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 three-tenths of 1 per centum or more of helium by volume.

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

PRIOR PROVISIONS

A prior section 2 of act Mar. 3, 1925, which authorized the Bureau of Mines to produce helium gas, was classified to section 163 of this title and was omitted in the general amendment and revision 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 sections 167 to 167n of this title] shall become effective on March 1, 1961."

SHORT TITLE OF 1960 AMENDMENT

Section 1 of Pub. L. 86-777 provided that: "This Act [enacting sections 167 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, § 2, provided that: "This Act [enacting sections 167 to 167n of this title and provision set out as a note below] 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 [enacting sections 167 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."

§ 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 de

termines (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;

or

of

or

(2) to make just and reasonable contracts and agreements for the acquisition, processing, transportation, conservation helium, helium-bearing natural gas, 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 heliumbearing 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 helium-bearing 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, heliumbearing natural gas, and helium-gas 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 [40 U.S.C. 472], shall be disposed of in accordance with the provisions of that Act [40 U.S.C. 471 et seq.]; 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 [30 U.S.C. 181 et seq.), 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 added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 918.)

REFERENCES IN TEXT

That Act, referred to in subsec. (a)(4), means act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. Provisions of that Act relating to disposal of government property are classified to chapter 10 (§ 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to

the Code, see Short Title note set out under section 471 of Title 40 and Tables.

The Mineral Lands Leasing Act of February 25, 1920, referred to in subsec. (b), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, popularly known as the Mineral Lands Leasing Act and also as the Mineral Leasing Act of 1920, which is classified principally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables.

PRIOR PROVISIONS

A prior section 3 of act Mar. 3, 1925, which related to the disposal of helium by sale, the use of funds so obtained, and reports to Congress on such uses, was classified to section 164 of this title and was omitted in the general amendment and revision of this chapter by Pub. L. 86-777.

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 added Sept. 13, 1960, Pub. L. 86-777, § 2, 74 Stat. 920.)

PRIOR PROVISIONS

A prior section 4 of act Mar. 3, 1925, which related to the exportation of helium gas, was classified to section 165 of this title and was repealed by act Aug. 26, 1954, ch. 937, title V, § 542(a)(13), 68 Stat. 861.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. § 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 Secre