50 U.S.C. § 167 — Definitions

Page 50 TITLE 50—WAR AND NATIONAL DEFENSE §§ 158 to 159 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268. Section was formerly classified to section 246 of former Title 49, Transportation. §§ 158 to 159. Transferred Editorial Notes CODIFICATION Section 158, act Aug. 1, 1947, ch. 433, § 1(b), (c), as added July 13, 1949, ch. 332, § 1, 63 Stat. 410, related to professional and scientific service on the Committee and was transferred to section 1161 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. Section 158a, act Aug. 1, 1947, ch. 433, § 2, 61 Stat. 715, related to classification of positions and appointments and was transferred to section 1162 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal 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, related to reports to Congress and confidential information and was transferred to section 1163 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(c) of Title 5, Govern- ment Organization and Employees. § 160. Omitted Editorial Notes 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 Repealed.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 re- search. Section 160b, act Apr. 11, 1950, ch. 86, § 2, 64 Stat. 43, related to acceptable types of graduate study and re- search. 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date of repeal, see section 21(a) of Pub. L. 85–507. CHAPTER 10—HELIUM GAS Sec. 161 to 166. Omitted or Repealed. 167. Definitions. 167a. Authority of Secretary. 167b. Storage, transportation, and withdrawal of crude helium. 167c. Storage, withdrawal and transportation. Sec. 167d. Sale of crude helium. 167e. Intragovernmental cooperation. 167f. Repealed. 167g. Promulgation of rules and regulations. 167h. Administrative procedure. 167i. Exclusion from Natural Gas Act provisions. 167j. Land conveyance in Potter County, Texas. 167k. Violations; penalties. 167l. Injunctions. 167m. Information. 167n. Helium gas resource assessment. 167o. Low-Btu gas separation and helium conserva- tion. 167p. Helium-3 separation. 167q. Federal agency helium acquisition strategy. §§ 161 to 164. Omitted Editorial Notes CODIFICATION 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 Secretary of the Interior to ac- quire 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 sec- tion 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 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 Bureau of Mines to produce he- lium 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 disposal of helium by sale, upon request of Army or Navy or other Federal Government agencies, or for medicinal, scientific or commercial use, to deposit and use of funds obtained by sale of gas, and to an annual report to Congress by 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 sec- tion 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 Inter- course. § 166. Omitted Editorial Notes CODIFICATION 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 Secretaries of Army and Navy to designate representatives to cooperate with Depart- ment of the Interior to effectuate the purposes of this 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 sec- tion 167e of this title. § 167. Definitions In this chapter: Page 51 TITLE 50—WAR AND NATIONAL DEFENSE § 167 (1) Cliffside Field The term ‘‘Cliffside Field’’ means the helium storage reservoir in which the Federal Helium Reserve is stored. (2) Federal Helium Pipeline The term ‘‘Federal Helium Pipeline’’ means the federally owned pipeline system through which helium for the Federal Helium Reserve may be transported. (3) Federal Helium Reserve The term ‘‘Federal Helium Reserve’’ means helium reserves owned by the United States. (4) Federal Helium System The term ‘‘Federal Helium System’’ means— (A) the Federal Helium Reserve; (B) the Cliffside Field; (C) the Federal Helium Pipeline; and (D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium. (5) Federal user The term ‘‘Federal user’’ means a Federal agency or extramural holder of one or more Federal research grants using helium. (6) Low-Btu gas The term ‘‘low-Btu gas’’ means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, he- lium, argon, and carbon dioxide. (7) Person The term ‘‘person’’ means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision. (8) Priority pipeline access The term ‘‘priority pipeline access’’ means the first priority of delivery of crude helium under which the Secretary schedules and en- sures the delivery of crude helium to a helium refinery through the Federal Helium System. (9) Qualified bidder (A) In general The term ‘‘qualified bidder’’ means a per- son the Secretary determines is seeking to purchase helium for their own use, refining, or redelivery to users. (B) Exclusion The term ‘‘qualified bidder’’ does not in- clude a person who was previously deter- mined to be a qualified bidder if the Sec- retary determines that the person did not meet the requirements of a qualified bidder under this chapter. (10) Qualifying domestic helium transaction The term ‘‘qualifying domestic helium transaction’’ means any agreement entered into or renegotiated agreement during the pre- ceding 1-year period in the United States for the purchase or sale of at least 15,000,000 standard cubic feet of crude or pure helium to which any holder of a contract with the Sec- retary for the acceptance, storage, delivery, or redelivery of crude helium from the Federal Helium System is a party. (11) Refiner The term ‘‘refiner’’ means a person with the ability to take delivery of crude helium from the Federal Helium Pipeline and refine the crude helium into pure helium. (12) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Mar. 3, 1925, ch. 426, § 2, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 918; amended Pub. L. 113–40, § 2, Oct. 2, 2013, 127 Stat. 534.) Editorial Notes PRIOR PROVISIONS A prior section 2 of act Mar. 3, 1925, authorized Bu- reau of Mines to produce helium gas and was classified to section 163 of this title, prior to the general amend- ment of this chapter by Pub. L. 86–777. AMENDMENTS 2013—Pub. L. 113–40 amended section generally. Prior to amendment, section defined ‘‘Secretary’’, ‘‘person’’, ‘‘helium-bearing natural gas’’, and ‘‘helium-gas mix- ture’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–777, § 3, Sept. 13, 1960, 74 Stat. 923, provided that: ‘‘The amendment made by this Act [enacting this section and sections 167a to 167n of this title] shall be- come effective on March 1, 1961.’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 113–40, § 1, Oct. 2, 2013, 127 Stat. 534, provided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Helium Stewardship Act of 2013’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–273, § 1, Oct. 9, 1996, 110 Stat. 3315, provided that: ‘‘This Act [amending sections 167a to 167d, 167f, 167j, and 167m of this title] may be cited as the ‘Helium Privatization Act of 1996’.’’ SHORT TITLE OF 1960 AMENDMENT Pub. L. 86–777, § 1, Sept. 13, 1960, 74 Stat. 918, provided that: ‘‘This Act [enacting this section, sections 167a 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 this sec- tion, sections 167a to 167n of this title, and provisions set out as a note below] may be cited as the ‘Helium Act’.’’ REGULATIONS Pub. L. 113–40, § 9, Oct. 2, 2013, 127 Stat. 544, provided that: ‘‘The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act [see Tables for classification] and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices.’’ SEPARABILITY Act Mar. 3, 1925, ch. 426, § 20, formerly § 17, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 923, renum- 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.)