§167a — Title 50 War and National Defense | U.S. Code

Summary

The Secretary can make deals with private companies to recover and get rid of helium on Federal land and can give lease rights to that helium. The Secretary can only sell helium to a company that has such a deal. Those deals can include rules the Secretary sets and must protect any oil and gas leases that existed before the deal. Helium disposal agreements already in place on October 9, 1996 stay valid unless they are renewed after that date. The Secretary can store, move, and sell helium only under this law, and all money from those sales goes into the Helium Production Fund.

Title 50, §167a

War and National Defense — Source: USLM XML via OLRC

(a)(1)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)The Secretary may grant leasehold rights to any such helium.

(3)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)Agreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary.

(5)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)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)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)The Secretary may store, transport, and sell helium only in accordance with this chapter.

(c)All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 167d(e) of this title.

Notes & Related Subsidiaries

Editorial Notes

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

2013—Subsec. (c). Pub. L. 113–40 added subsec. (c). 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.

§167a Authority of Secretary