50 U.S.C. § 167a — Authority of Secretary

Page 52 TITLE 50—WAR AND NATIONAL DEFENSE § 167a bered § 20, Pub. L. 113–40, § 6(2), Oct. 2, 2013, 127 Stat. 540, provided that: ‘‘If any provision of this Act [enacting this section, sections 167a to 167n of this title, and pro- visions 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 af- fected thereby.’’ EXISTING AGREEMENTS Pub. L. 113–40, § 8, Oct. 2, 2013, 127 Stat. 544, provided that: ‘‘(a) IN GENERAL.—This Act [see Tables for classifica- tion] and the amendments made by this Act shall not affect or diminish the rights and obligations of the Sec- retary of the Interior and private parties under agree- ments in existence on the date of enactment of this Act [Oct. 2, 2013], except to the extent that the agreements are renewed or extended after that date. ‘‘(b) DELIVERY.—No agreement described in sub- section (a) shall affect or diminish the right of any party that purchases helium after the date of enact- ment of this Act in accordance with section 6 of the He- lium Act (50 U.S.C. 167d) (as amended by section 5) to receive delivery of the helium in accordance with sec- tion 5(e)(2) of the Helium Act (50 U.S.C. 167c(e)(2)) (as amended by section 4).’’ SEVERANCE PACKAGE FOR HELIUM OPERATIONS EMPLOYEES Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 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 con- tinue 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 dur- ing the facility shut-down and disposition process and for up to 12 months following separation from Federal employment, including retraining and relocation incen- tives 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 Fis- cal Year 1995 [Pub. L. 103–337, 10 U.S.C. 1597 note]. ‘‘(d) For purposes of the annual leave restoration pro- visions of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and other related Helium Pro- gram 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 un- used upon the transfer of a Helium Program employee to a position of the executive branch outside of the He- lium 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 pro- duction and sales and other related activities. Retrain- ing benefits, including retraining and relocation incen- tives, may be paid for retraining commencing on or be- fore 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, § 101(e) [title I, § 112], Oct. 21, 1998, 112 Stat. 2681–231, 2681–254. Pub. L. 105–83, title I, § 113, Nov. 14, 1997, 111 Stat. 1562. § 167a. Authority of Secretary (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 dis- posal 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 agree- ment 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 sub- ject 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 Sec- retary may consider appropriate. (7) Prior agreements This subsection shall not in any manner af- fect or diminish the rights and obligations of the Secretary and private parties under agree- ments to dispose of helium produced from Fed- eral lands in existence on October 9, 1996, ex- cept 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. (c) Extraction of helium from deposits on Fed- eral land 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. (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.) Page 53 TITLE 50—WAR AND NATIONAL DEFENSE § 167c Editorial Notes PRIOR PROVISIONS A prior section 3 of act Mar. 3, 1925, related to dis- posal 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 amend- ment 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 sell- ing helium, in subsec. (b) relating to helium on public domain, and in subsec. (c) relating to contract price for helium. § 167b. Storage, transportation, and withdrawal of crude helium (a) Storage, transportation, and withdrawal The Secretary may store, transport, and with- draw 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 mar- keting 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 he- lium which the Secretary was authorized to carry out under this chapter before October 9, 1996, except activities described in subsection (a). (c) Disposal of facilities (1) In general Subject to paragraph (5), not later than 24 months after the cessation of activities re- ferred 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 inter- ests 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 ac- cordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (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(e) of this title. (4) Costs All costs associated with such sale and dis- posal (including costs associated with termi- nation of personnel) and with the cessation of activities under subsection (b) shall be paid from amounts available in the helium produc- tion fund established under section 167d(e) of this title. (5) Exception Paragraph (1) shall not apply to any facili- ties, equipment, or other real or personal property, or any interest therein, necessary for the storage, transportation, and with- drawal of crude helium or any equipment, fa- cilities, or other real or personal property, re- quired 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 he- lium 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 de- scribed in subsection (b). (2) Costs Any costs associated with the termination of contracts described in paragraph (1) shall be paid from the helium production fund estab- lished under section 167d(e) of this title. (Mar. 3, 1925, ch. 426, § 4, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104–273, § 3, Oct. 9, 1996, 110 Stat. 3316; Pub. L. 113–40, § 7(a), Oct. 2, 2013, 127 Stat. 544.) Editorial Notes CODIFICATION In subsec. (c)(2), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. PRIOR PROVISIONS A prior section 4 of act Mar. 3, 1925, related to expor- tation of helium gas and was classified to section 165 of this title, prior to repeal by act Aug. 26, 1954, ch. 937, title V, § 542(a)(13), 68 Stat. 861. AMENDMENTS 2013—Subsecs. (c)(3), (4), (d)(2). Pub. L. 113–40 sub- stituted ‘‘section 167d(e)’’ for ‘‘section 167d(f)’’. 1996—Pub. L. 104–273 amended section generally. Prior to amendment, section consisted of single par. author- izing Secretary to maintain and operate helium pro- duction and purification plants and to conduct or con- tract for research as to helium production, purifi- cation, transportation, liquefaction, storage, and utili- zation. § 167c. Storage, withdrawal and transportation (a) In general If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services. (b) Minimum fees The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing