US Codex
U.S.C.
Notes

§167. Definitions — Inbound Citations

50 U.S.C. § 167

Cited by 131 provisions in release 119-102.

Citations to §167(1)

Citations to §167(2)

Citations to §167(3)

Citations to §167(4)

Citations to §167(5)

Citations to §167(6)

Citations to §167(7)

Citations to §167(8)

Citations to §167(9)(A)

Citations to §167(10)

Citations to §167(11)

Citations to §167(12)

  • (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.
  • (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.
  • (a) The Secretary may store, transport, and withdraw 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) 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 helium which the Secretary was authorized to carry out under this chapter before October 9, 1996, except activities described in subsection (a).
  • (1) Subject to paragraph (5), not later than 24 months after the cessation of activities referred 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 interests therein, held by the United States for the purpose of producing, refining and marketing refined helium.
  • (1) All contracts that were entered into by any person with the Secretary for the purchase by the person from the Secretary of refined helium 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 described in subsection (b).
  • (a) 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) The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services, including capital investments in upgrades and maintenance at the Federal Helium System.
  • (c) Prior to sale or auction under subsection (a), (b), or (c) of section 167d of this title, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section.
  • (d) All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 167d(e) of this title.
  • (e) In accordance with this section, the Secretary shall—
    (1) allow any person or qualified bidder to which crude helium is sold or auctioned under section 167d of this title to store helium in the Federal Helium Reserve; and
    (2) establish a schedule for the transportation and delivery of helium using the Federal Helium System that—
    (A) ensures timely delivery of helium auctioned pursuant to section 167d(b)(2) of this title;
    (B) ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 167d(b)(2) of this title, including nonallocated sales; and
    (C) provides priority access to the Federal Helium Pipeline for in-kind sales for Federal users.
  • (B) ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 167d(b)(2) of this title, including nonallocated sales; and
  • (f) The Secretary shall consider any applications for access to the Federal Helium Pipeline in a manner consistent with the schedule for phasing out commercial sales and disposition of assets pursuant to section 167d of this title.
  • (1) The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption.
  • (2) Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
  • (1) The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), after completion of each auction, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary—
    (A) to maximize total recovery of helium from the Federal Helium Reserve over the long term;
    (B) to maximize the total financial return to the taxpayer;
    (C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve;
    (D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and
    (E) to carry out this subsection with minimum market disruption.
  • (C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve;
  • (2) For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to—
    (A) for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year;
    (B) for each of fiscal years 2016 through 2019, a percentage of the total volume of crude helium that is 15 percentage points greater than the percentage made available for the previous fiscal year; and
    (C) for fiscal year 2020 and each fiscal year thereafter, 100 percent of the total volume of crude helium made available for that fiscal year.
  • (3) Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
  • (5) The Secretary may adjust the quantities specified in paragraph (2)
    (A) downward, if the Secretary determines the adjustment necessary—
    (i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and
    (ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or
    (B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer.
  • (A) downward, if the Secretary determines the adjustment necessary—
    (i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and
    (ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or
  • (B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer.
  • (6) The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government.
  • (7) The Secretary shall annually establish, as applicable, separate sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority:
    (A) The sale price of crude helium in auctions held by the Secretary under paragraph (2).
    (B) Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions.
    (C) The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions.
    (D) The volume-weighted average cost of converting gaseous crude helium into pure helium.
  • (A) The sale price of crude helium in auctions held by the Secretary under paragraph (2).
  • (A) The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis—
    (i) the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions;
    (ii) the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and
    (iii) refinery capacity and future capacity estimates.
  • (ii) any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after October 2, 2013, including nonallocated sales.
  • (9) The Secretary may use the information collected under this chapter—
    (A) to approximate crude helium prices; and
    (B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium.
  • (10) The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this chapter.
  • (11) Effective beginning in fiscal year 2016, the Secretary may conduct a forward auction once each fiscal year of a quantity of helium that is equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year if the Secretary determines that the forward auction will—
    (A) not cause a disruption in the supply of helium from the Reserve;
    (B) represent a cost-effective action;
    (C) generate greater returns for taxpayers; and
    (D) increase the effectiveness of price discovery.
  • (12) For fiscal year 2015 the Secretary shall conduct only one auction, which shall precede, and one sale, which shall take place no later than August 1, 2014, with full and final payment for the sale being made no later than September 26, 2014. Consistent with the annual volumes established under paragraph (2), effective beginning in fiscal year 2016, the Secretary may conduct auctions twice during each fiscal year if the Secretary determines that the auction frequency will—
    (A) not cause a disruption in the supply of helium from the Reserve;
    (B) represent a cost-effective action;
    (C) generate greater returns for taxpayers; and
    (D) increase the effectiveness of price discovery.
  • (A) Notwithstanding paragraph (4)(A), the Secretary shall hold a one-time sale of helium, no later than August 1, 2014 from amounts available in fiscal year 2016 pursuant to this section. Full and final payment for the sale must be made no later than 45 days after the date the sale takes place.
  • (1) The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at such prices required to reimburse the Secretary for the full costs of the sales, and under such terms and conditions as the Secretary determines necessary to carry out this subsection.
  • (2) Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary.
  • (1) Not earlier than 2 years after the date of commencement of Phase C described in subsection (c) and not later than September 30, 2021, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests in the same, held by the United States in the Federal Helium System.
  • (1) All amounts received under this chapter, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to carry out this chapter (other than sections 167n, 167o, and 167p of this title), including capital investments in upgrades and maintenance at the Federal Helium System, including—
    (A) well head maintenance at the Cliffside Field;
    (B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field;
    (C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium from the Federal Helium Reserve;
    (D) entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System; and
    (E) any other scheduled or unscheduled maintenance of the Federal Helium System.
  • (2) Amounts in the Helium Production Fund in excess of amounts the Secretary determines to be necessary to carry out paragraph (1) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit.
  • (3) Out of amounts paid to the general fund of the Treasury under paragraph (2), the Secretary of the Treasury shall use $51,000,000 to retire public debt.
  • (4) Not later than 1 year after October 2, 2013, and annually thereafter, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all expenditures by the Bureau of Land Management to carry out this chapter.
  • (f) The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of—
    (1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; or
    (2) the maximum total production capacity of the Federal Helium System.
  • (1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; or
  • The Secretary of Defense and the Chairman of the Atomic Energy Commission may each designate representatives to cooperate with the Secretary in carrying out the purposes of this chapter, and shall have complete right of access to plants, data, and accounts.
  • The Secretary is authorized to establish and promulgate such rules and regulations, as are consistent with the directions of this chapter and are necessary to carry out the provisions hereof.
  • (b) In any proceeding under this chapter for the granting, suspending, revoking, or amending of any license, or application to transfer control thereof, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licensees, the Secretary shall grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. Any final order entered in any such proceeding shall be subject to judicial review in the manner prescribed in chapter 158 of title 28, and to the provisions of chapter 7 of title 5.
  • (a) The Secretary of the Interior shall transfer all right, title, and interest of the United States in and to the parcel of land described in subsection (b) to the Texas Plains Girl Scout Council for consideration of $1, reserving to the United States such easements as may be necessary for pipeline rights-of-way.
  • Whenever in the judgment of the Secretary any person has engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, or any regulation or order issued or any term of a license granted thereunder, any such act or practice may be enjoined by any district court having jurisdiction of such person, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.
  • (a) The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes—
    (1) continued publication of an open market and in-kind price;
    (2) aggregated projections of excess refining capacity;
    (3) ownership of helium held in the Federal Helium Reserve;
    (4) the volume of helium delivered to persons through the Federal Helium Pipeline;
    (5) pressure constraints of the Federal Helium Pipeline;
    (6) an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 167d(c) of this title will begin;
    (7) the amount of the fees charged under section 167c of this title;
    (8) the scheduling of crude helium deliveries through the Federal Helium Pipeline; and
    (9) other factors that will increase transparency.
  • (a) Not later than 2 years after October 2, 2013, the Secretary, acting through the Director of the United States Geological Survey, shall—
    (1) in coordination with appropriate heads of State geological surveys—
    (A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and
    (B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir;
    (2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir;
    (3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete—
    (A) an assessment of trends in global demand for helium, including the isotope helium-3;
    (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and
    (C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and
    (4) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph.
  • (3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete—
    (A) an assessment of trends in global demand for helium, including the isotope helium-3;
    (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and
    (C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and
  • (a) The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))—
    (1) to expand the domestic production of low-Btu gas and helium resources;
    (2) to separate and capture helium from natural gas streams; and
    (3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production.
  • (1) The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas.
  • (2) The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including—
    (A) low-Btu gas production streams; and
    (B) technologies that minimize the atmospheric venting of helium gas during natural gas production.
  • (3) The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program—
    (A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and
    (B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing.
  • (a) The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium and other potential sources, including—
    (1) gas analysis; and
    (2) infrastructure studies.
  • (b) The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of—
    (1) establishing a facility to separate the isotope helium-3 from crude helium; and
    (2) exploring other potential sources of the isotope helium-3.
  • (c) Not later than 1 year after October 2, 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the assessments conducted under this section.
  • In anticipation of the implementation of Phase D described in section 167d(d) of this title, and not later than 2 years after October 2, 2013, the Secretary (in consultation with the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, the Director of the National Institutes of Health, and other agencies as appropriate) shall submit to Congress a report that provides for Federal users