50 U.S.C. § 167a
Authority of Secretary
(a) Extraction and disposal of helium on Federal lands(1) In generalThe 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 rightsThe Secretary may grant leasehold rights to any such helium.
(3) LimitationThe 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) RegulationsAgreements under paragraph (1) may be subject to such regulations as may be prescribed by the Secretary.
(5) Existing rightsAn 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 conditionsAn 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 agreementsThis 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 saleThe Secretary may store, transport, and sell helium only in accordance with this chapter.
(c) Extraction of helium from deposits on Federal landAll 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.
(Mar. 3, 1925, ch. 426, § 3, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 918; amended Pub. L. 104–273, § 3, Oct. 9, 1996, 110 Stat. 3315; Pub. L. 113–40, § 3, Oct. 2, 2013, 127 Stat. 535.)Editorial NotesPrior ProvisionsA 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.
Amendments2013—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.
Notes of Decisions
Nat'l Helium Corp. v. Morton, 361 F. Supp. 78 (D. Kan. 1973).
· cites it 3× “50 U.S.C. § 167a (a)(2). In addition, he was given the power to acquire, by eminent domain, helium contained in helium-bearing natural gas and so much of such gas as was necessarily removed in the extraction process, if he were unable to acquire helium otherwise upon reasonable…”
Nat'l Helium Corp. v. Morton, 326 F. Supp. 151 (D. Kan. 1971).
“(2) to make just and reasonable contracts and agreements for the acquisition, processing, transportation, or conservation of helium * * *» 50 U.S.C. § 167a. ****** “(a) The provisions of the Administrative Procedure Act of June 11, 1946, as amended, shall apply to any agency…”
Nat'l Helium Corp. v. Morton, 455 F.2d 650 (10th Cir. 1971).
“50 U.S.C. § 167a (a) (2). . This section so provides: It is the sense of the Congress that it is in the national interest to foster and encourage individual enterprise in the development and distribution of supplies of helium, and at the same time provide, within economic…”
— 50 U.S.C. § 167a(a)(2) — 1 case
Nat'l Helium Corp. v. Morton, 361 F. Supp. 78 (D. Kan. 1973).
“50 U.S.C. § 167a (a)(2). In addition, he was given the power to acquire, by eminent domain, helium contained in helium-bearing natural gas and so much of such gas as was necessarily removed in the extraction process, if he were unable to acquire helium otherwise upon reasonable…”
— 50 U.S.C. § 167a(c) — 1 case
Nat'l Helium Corp. v. Morton, 361 F. Supp. 78 (D. Kan. 1973).
“50 U.S.C. § 167a (a)(2). In addition, he was given the power to acquire, by eminent domain, helium contained in helium-bearing natural gas and so much of such gas as was necessarily removed in the extraction process, if he were unable to acquire helium otherwise upon reasonable…”
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