[Senate Report 104-302]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 477
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-302
_______________________________________________________________________


 
                    HELIUM PRIVATIZATION ACT OF 1996

                                _______
                                

                 June 27, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3008]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3008) to amend the Helium Act to 
authorize the Secretary to enter into agreements with private 
parties for the recovery and disposal of helium on Federal 
lands, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the Act, as amended, do pass.
    The amendment is as follows:
    On page 12, after line 18, insert the following new 
section:

SEC. 8. REPORT ON HELIUM.

    (a) Not later than three years before the date on which the 
Secretary commences offering for sale crude helium under Section 8, the 
Secretary shall enter into appropriate arrangements with the National 
Academy of Sciences to study and report on whether such disposal of 
helium reserves will have a substantial adverse effect on U.S. 
scientific, technical, biomedical, or national security interests.
    (b) Not later than 18 months before the date on which the Secretary 
commences offering for sale crude helium under Section 8, the Secretary 
shall transmit to the Congress--
          (1) the report of the National Academy under subsection (a);
          (2) the findings of the Secretary, after consideration of the 
        conclusions of the National Academy under subsection (a) and 
        after consultation with the U.S. helium industry and with heads 
        of affected Federal agencies, as to whether the disposal of the 
        helium reserve under Section 8 will have a substantial adverse 
        effect on the U.S. helium industry, the U.S. helium market or 
        U.S., scientific, technological, biomedical, or national 
        security interests; and
          (3) if the Secretary determines that selling the crude helium 
        reserves under the formula established in Section 8 will have a 
        substantial adverse effect on the U.S. helium industry, the 
        U.S. helium market or U.S. scientific, technological, 
        biomedical, or national security interests, the Secretary shall 
        make recommendations, including recommendations for proposed 
        legislation, as may be necessary to avoid such adverse effects.

                                Purpose

    The purpose of this Act is to preclude the Federal 
Government from refining and selling refined helium, to dispose 
of the United States helium reserve, and for other purposes.

                          Background and Need

    Helium has unique properties that make it useful for 
science and industry. It is used in cancer research, to cool 
nuclear reactors, and by NASA for its shuttle launches. In 
1925, the Federal helium program was officially placed under 
the control of the Bureau of Mines (BOM) when Congress enacted 
the Helium Act of 1925. In 1929, the BOM's large scale helium 
extraction and purification facility was built and began 
operating near Amarillo, Texas.
    Concerns that natural gas supplies were tapering off 
prompted Congress to replace the 1925 Act with the Helium Act 
Amendments of 1960. The 1960 Act was intended to conserve 
helium for essential government services and to supply current 
and foreseeable needs of the Federal Government. The law 
authorized the Secretary to buy helium from private suppliers 
and to store it for later use by the Federal Government. Also, 
the law authorized storage of helium, maintenance of helium 
production and purification plants, as well as related helium 
transmission and shipping facilities.
    Beginning in 1960, the Federal Government contracted with 
private companies to supply crude helium to the BOM facility, 
in the process helping to foster a private helium refining 
industry. To finance purchases, the BOM borrowed $252 million 
from the Treasury, intending that future sales would repay the 
loan. Federal demand, however, failed to meet projections, and 
contracts for additional helium were canceled in 1973. By that 
time, the BOM has amassed a crude helium stockpile of 
approximately 34 billion cubic feet and a debt that has since 
grown to $1.4 billion, including interest.
    Under current law, Federal agencies and their contractors 
must purchase refined helium from the BOM, but this Federal 
market is small compared to the total refined helium market, 
which is almost entirely supplied by the private helium 
refining industry. This industry is much more efficient than 
the BOM, using 500 people to refine and distribute 90% of the 
total helium market (approximately 3 billion cubic feet per 
year) compared to 175 people doing those operations at BOM's 
Amarillo facility, which handles the remaining 10% 
(approximately 300 million cubic feet per year). One factor in 
this greater efficiency is that private industry's facilities 
are relatively new, whereas BOM facilities are between 40 and 
75 years old. A study contracted by BOM in 1988 estimated that 
it would cost approximately $20 million to modernize the 
facilities. BOM also has high overhead cost because it 
maintains its own personnel, contracting, and other 
administrative offices. The private industry is more efficient 
in shipment and distribution, transporting helium in its more-
dense liquid form, rather than the gaseous form primarily used 
by the BOM.
    Under the 1960 Helium Act, the BOM was directed to repay 
the original Treasury loans with compound interest by 1995. To 
date, the Bureau has not repaid the loans, In fact, no payments 
were made between 1965 and 1975 or between 1979 and 1982. 
Repayments did not begin in earnest until 1983, ranging from $2 
million to $4 million per year. Since a price increase in 1991, 
the amount has increased to $9 million per year. The BOM has 
repaid the Treasury approximately $83 million since 1961, a 
small fraction of the soaring debt, interest on which is now 
over $66 million per year. This Act caps the debt at current 
levels and provides a mechanism for repayment.
    ``The Helium Act of 1996,'' as amended, would: close down 
the Federal helium program's marketing and refining duties and 
turn those functions over to the private sector; repay the debt 
owed to the Treasury for helium purchased in the 1960's to 
build up the stockpile; and establish a mechanism for selling 
off the 34 billion cubic feet in the stockpile without 
disrupting the market. The legislation repeals the Secretary's 
authority to borrow under the Helium Act. Authorization would 
continue for the Secretary to store, transport, and withdraw 
crude helium, and maintain and operate the existing crude 
helium storage at the Bureau of Mines Cliffside Fields. The 
Secretary would be required to impose fees for helium storage, 
withdrawal, and transportation services. In addition, the 
Secretary is directed to make arrangements with the National 
Academy of Sciences to study and report on whether selling 
helium reserves will have any substantial adverse effects on 
the industrial, scientific and national security interests of 
the United States.
    The Committee believes that private industry is capable of 
servicing the world's helium markets, and that a Government-
owned stockpile of helium is neither a necessary nor 
appropriate function of the Government. The Committee has 
concluded that the sale of the Federal helium stockpile will 
not have a substantial adverse effect on U.S. scientific, 
technological, biomedical, or national security interests. In 
order to validate the Committee's findings, language has been 
included directing the Secretary to enter into appropriate 
arrangements with the National Academy of Science (NAS) to 
conduct a formal inquiry into this aspect of the legislation. 
Language in the study section of the bill is not intended in 
any way to limit the scope of the NAS study exclusively to the 
question of whether disposal of the Federal stockpile would 
substantially adversely affect these interests. Indeed, the 
Committee believes that the answer to this question is 
inextricably linked to more global supply and demand forces at 
work in the private helium marketplace and fully expects that 
the NAS study will validate this contention. It is the 
Committee's intention that the Secretary demonstrate that any 
future legislation he might suggest will result in substantial 
improvements in the long-term supply of helium.
    It is the Committee's intention that the Secretary of the 
Interior continue to monitor helium production and helium 
reserves in the United States and periodically prepare reports 
regarding the amount of helium produced and the quantity of 
crude helium in storage in the United States.
    The Committee understands that the Department of the 
Interior's Office of Inspector General has been conducting 
annual financial audits of the Federal helium program. In 
addition, the Committee understands that financial statements 
of the Helium Fund may be audited by the Comptroller General, 
at his discretion, or at the request of a committee of the 
Congress. The Committee continues to support these activities. 
Finally, the Committee recognizes that Federal employees will 
be separated as a result of this legislation. Consequently, it 
is the Committee's intention that the Secretary may use a 
portion of the unexpended balance of funds available for the 
administration of the Federal helium program, to the extent 
necessary, to provide employment services, retirement benefits, 
and other appropriate options to ease the effects of 
termination of the Federal helium program on the employees in 
Amarillo, Texas.

                          Legislative History

    On May 1, 1995, the Helium Act of 1995 was introduced by 
Senator Craig Thomas. On July 25, 1995, the Subcommittee on 
Forests and Public Land Management held a hearing on helium 
refining and marketing operations reform.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 19, 1996, by voice vote of a 
quorum present, recommends that the Senate pass H.R. 3008, if 
amended as described herein.

                      Section-by-Section Analysis

    Section 1.--Is the short title.
    Section 2.--Provides that unless otherwise noted, this Act 
amends the 1960 Helium Act (50 U.S.C. 167 to 167n).
    Section 3.--Amends sections 3, 4, and 5 of the 1960 Helium 
Act as follows:
    New section 3(a) would authorize the Secretary of the 
Interior to enter into contracts with private parties to 
recover and dispose of helium on Federal lands.
    New section 3(b) would authorize the Secretary of the 
Interior to store, transport, and withdraw helium in accordance 
with the bill.
    New section 4(a) would authorize the Secretary to store, 
transport, and withdraw crude helium and to maintain and 
operate crude helium storage at the Bureau of Mines Cliffside 
Field, together with related helium transportation and 
withdrawal facilities.
    New section 4(b) would require the Secretary to cease 
producing, refining, and marketing refined helium eighteen 
months after enactment of the bill.
    New section 4(c) would require the Secretary to dispose of 
all facilities, equipment and other real and personal property 
held for the refining, producing, and marketing of refined 
helium within 36 months after enactment of the bill. Disposal 
of such property would be in accordance with the Federal 
Property and Administrative Services Act of 1949. Facilities, 
equipment, and other property required for the storage, 
transportation, and withdrawal of crude helium stored at the 
Cliffside Field would be exempted from the requirements of this 
section.
    New section 4(d) provides that any contract for refined 
helium in effect on the date of enactment of the bill would 
stay in effect until the facilities listed in section 4(c) are 
sold. This section also provides for any costs associated with 
termination of such contracts. Funds for such costs would be 
drawn from the Helium Fund.
    New section 5 provides for full cost recovery for helium 
storage, transportation, or withdrawal services provided by the 
Secretary.
    Section 4.--Provides for the sale of crude helium.
    Subsection (a) requires that Federal agencies purchase 
their refined helium from private industry.
    Subsection (b) precludes the Secretary from making sales of 
crude helium in amounts that would disrupt the market.
    Subsection (c) directs that all funds collected pursuant to 
this section shall be deposited against the helium debt, which 
would be frozen at the amount outstanding on October 1, 1995. 
The minimum price of crude helium sold by the Secretary would 
be determined on the basis of the outstanding amount owed 
against the debt in comparison with the volume of crude helium 
in the Cliff Side Reservoir.
    Subsection (d) would be amended to require that all funds 
received from the sale or disposition of helium produced under 
a Federal lease be deposited against the helium debt.
    Subsection (e) would be repealed.
    Subsection (f) would be amended to provide that all funds 
generated from the disposal of facilities and sales would be 
deposited in the helium fund to be paid against the helium 
debt, and that such fund's balance would not be greater than $2 
million per year. Once the helium debt is repaid, the fund 
would be abolished and all moneys received under the Helium Act 
would be deposited into the general fund of the U.S. Treasury.
    Section 5.--Amends section 8 of the Act as follows:
    Subsection (a) would require the Secretary, no later than 
2005, to commence making sales of the crude helium in the 
Cliffside Reservoir, and dispose of all such reserves by 2015, 
except for 600 million cubic feet. Such sales would be made in 
consultation with the helium industry to provide for minimum 
market disruption. This subsection ensures repayment of the 
helium debt.
    Subsection (b) provides that discovery of additional 
reserves would not affect the duty of the Secretary to sell the 
crude helium in the reservoir.
    Section 6.--Repeals section 12 and 15 of the Act.
    Section 7.--Directs the Secretary to convey certain land in 
Potter County, Texas to the Texas Plains Girl Scout Council.
    Section 8.--Subsection (a) directs the Secretary of the 
Interior to make arrangements with the National Academy of 
Sciences to study and report on whether selling the helium 
reserves will have a substantial adverse effect on U.S. 
scientific, technical, biomedical, or national security 
interest.
    Subsection (b) directs the Secretary to consult with 
representatives of the U.S. helium industry and with heads of 
affected Federal agencies to determine if selling the helium 
reserve as proposed under section 8 of the bill will have a 
substantial adverse impact on the U.S. helium industry, market, 
or U.S. scientific interest. The Secretary is directed to make 
recommendations to Congress as may be necessary to avoid 
adverse effects to the helium market or U.S. scientific 
interests.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimates of this measure 
has been requested but was not received at the time this report 
was filed. When the report is available, the Chairman will 
request that it be printed in the Congressional Record to 
advise the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact of H.R. 3008. The bill is 
not a regulatory measure in the sense of imposing Government 
established standards or significant economic responsibilities 
on private individuals and businesses. No personal information 
would be collected in administering the legislation. Therefore, 
there would be no impact on personal privacy.

                        Executive Communications

    On June 25, 1996 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
executive views on H.R. 3008. These reports had not been 
received at the time the report on H.R. 3008 was filed. When 
the reports become available, the Chairman will request that 
they be printed in the Congressional Record for the advice of 
the Senate.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the changes in existing law made 
by the bill H.R. 3008, as ordered reported, are shown as 
follows (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

               Helium Act of 1960 (50 U.S.C. 167 to 167n)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Helium Act Amendments of 1960.''
    Sec. 2. The Act entitled ``An Act authorizing the 
conservation, production, and exploitation of helium gas, a 
mineral resource pertaining to the national defense, and to the 
development of commercial aeronautics, and for other 
purposes'', approved March 3, 1925 (43 Stat. 1110), as amended, 
is amended to read as follows:
    ``That this Act may be cited as the `Helium Act'.
    ``Sec. 2. As used in this Act:
    ``(1) The term `Secretary' means the Secretary of the 
Interior;
    ``(2) The term `person' means any individual, corporation, 
partnership, firm, association, trust, estate, public or 
private institution, or State or political subdivision thereof; 
and
    ``(3) The terms `helium-bearing natural gas' and `helium-
gas mixture' mean, respectively, natural gas and gas mixtures 
containing three-tenths of 1 per centum or more of helium by 
volume.
    ``Sec. 3. [(a) For the purpose of conserving, producing, 
buying, and selling helium, the Secretary is authorized--
          [``(1) to acquire by purchase, lease, gift, exchange, 
        or eminent domain, lands or interests therein or 
        options thereon, including but not limited to sites, 
        rights-of-way, and oil or gas leases containing 
        obligations to pay rental in advance or damages arising 
        out of the use and operation of such properties; but 
        any such land or interest in lands may be acquired by 
        eminent domain only when the Secretary determines (A) 
        that he is unable to make a satisfactory agreement to 
        acquire such land or interest in land, and (B) that 
        such acquisition by eminent domain is necessary in the 
        national interest;
          [``(2) to make just and reasonable contracts and 
        agreements for the acquisition, processing, 
        transportation, or conservation of helium, helium-
        bearing natural gas, or helium-gas mixtures upon such 
        terms and conditions, and for such periods, not 
        exceeding twenty-five years, as may be necessary to 
        accomplish the purposes of the Act, except that the 
        Secretary shall not make such contracts and agreements 
        which shall require payments by the Government in any 
        one fiscal year aggregating more than the amount which 
        shall be established initially in an appropriation Act 
        and which may be increased from time to time in 
        appropriation Acts, or if the Secretary--
                  [``(A) determines that the national interests 
                require the conservation of certain helium or 
                require certain helium-bearing natural gas or 
                certain helium-gas mixture for the production 
                or conservation of helium, and
                  [``(B) determines that he is unable to 
                acquire such helium, helium-bearing natural 
                gas, or helium-gas mixture upon reasonable 
                terms and at the fair market value,
        he is authorized to acquire by eminent domain such 
        helium and so much of such helium-bearing natural gas 
        or helium-gas mixture as is necessarily consumed in the 
        extraction of such helium after removal from its place 
        of deposit in nature and wherever found, or the 
        temporary use of such helium-bearing natural gas or 
        helium-gas mixture for the purpose of extracting 
        helium, together with the appropriate interest in 
        pipelines, equipment, installations, facilities, 
        personal or real property, including reserves, 
        easements or other rights necessary or incident to the 
        acquisition of such helium, natural gas, or mixture, 
        but the condemnation of any such helium, helium-bearing 
        natural gas, or helium-gas mixture, shall be effected 
        in the same manner and following the procedures 
        established in section 8(a) of this Act, the just 
        compensation for such condemnation to be measured by 
        terms and prices determined to be commensurate with the 
        fair market value, and in the temporary use of any 
        helium-bearing natural gas or helium-gas mixture for 
        the purpose of extracting helium the Secretary shall 
        cause no delay in the delivery of natural gas to the 
        owner, purchaser, or purchasers thereof, except that 
        required by the extractive processes;
          [``(3) to construct or acquire by purchase, lease, 
        exchange, gift or eminent domain, plants, wells, 
        pipelines, compressor stations, camp buildings, and 
        other facilities, for the production, storage, 
        purification, transportation, purchase, and sale of 
        helium, helium-bearing natural gas, and helium-gas 
        mixtures: and to acquire patents or rights therein and 
        reports of experimentation and research used in 
        connection with the properties acquired or useful in 
        the Government's helium operations;
          [``(4) to dispose of, by lease or sale, property, 
        including wells, lands, or interests therein, not 
        valuable for helium production, and oil, gas, and 
        byproducts, of helium operations not needed for 
        Government use, except that property determined by the 
        Secretary to be `excess' within the meaning of section 
        3(e) of the Federal Property and Administrative 
        Services Act of June 30, 1949 (60 Stat. 378; 40 U.S.C. 
        472(e)), as amended, shall be disposed of in accordance 
        with the provisions of that Act; and to issue leases to 
        the surface of lands or structures thereon for grazing 
        or other purposes when the same may be done without 
        interfering with the production, of helium; and
          [``(5) to accept equipment, money, and other 
        contributions from public and private sources and to 
        prosecute projects in cooperation with other agencies, 
        Federal, State, or private.
    [``(b) Any known helium-gas-bearing land on the public 
domain not covered at the time by leases or permits under the 
Mineral Lands Leasing Act of February 25, 1920, as amended, may 
be reserved for the purposes of this Act, and any reservation 
of the ownership of helium may include the right to extract, or 
have extracted, such helium, under such rules and regulations 
as may be prescribed by the Secretary, from all gas produced 
from lands so permitted, leased, or otherwise granted for 
development, except that in the extraction of helium from gas 
produced from such lands, it shall be extracted so as to cause 
no delay, except that required by the extraction process, in 
the delivery of gas produced from the well to the purchaser or 
purchasers thereof at the point of delivery specified in 
contracts for the purchase of such gas.] If any reserved rights 
of ownership and extraction of helium are not exercised before 
production of any helium-bearing natural gas or any helium-gas 
mixture, the Secretary is authorized to acquire such helium in 
accordance with section 3(a)(2) of this Act.
    [``(c) All contracts and agreements made by the Secretary 
for the acquisition of helium from a private plant shall 
contain a provision precluding the plant owner from selling any 
helium to any purchaser other than the Secretary at a price 
lower than the lowest price paid by any Government agency for 
helium acquired from any private plant under any contract 
entered into pursuant to this section and outstanding at the 
time of such sale.]
    ``(a) Extraction and Disposal of Helium on Federal Lands.--
          ``(1) In general.--The Secretary may enter into 
        agreement 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 rights.--The Secretary may grant 
        leasehold rights to any such helium.
          ``(3) Limitation.--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) Regulations.--Agreements under paragraph (1) 
        may be subject 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 Secretary may consider appropriate.
          ``(7) Prior agreements.--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 the date of enactment of the 
        Helium Privatization Act of 1996 except to the extent 
        that such agreements are renewed or extended after that 
        date.
    ``(b) Storage, Transportation and Sale.--The Secretary may 
store, transport, and sell helium only in accordance with this 
Act.
    [``Sec. 4. The Secretary is authorized to maintain and 
operate helium production and purification plants together with 
facilities and accessories thereto; to acquire, store, 
transport, sell, and conserve helium, helium-bearing natural 
gas, and helium-gas mixtures, to conduct exploration for and 
production of helium on and from the lands acquired, leased, or 
reserved; and to conduct or contract with public or private 
parties for experimentation and research to discover helium 
supplies and to improve processes and methods of helium 
production, purification, transportation, liquefaction, 
storage, and utilization. Provided, however, That all research 
contracted for, sponsored, cosponsored, or authorized under 
authority of this Act shall be provided for in such a manner 
that all information, uses, products, processes, patents and 
other developments resulting from such research developed by 
Government expenditure will (with such exceptions and 
limitations, if any, as the Secretary may find to be necessary 
in the interest of national defense) be available to the 
general public. And provided further, That nothing contained 
herein shall be construed as to deprive the owner of any 
background patent relating thereto to such rights as he may 
have thereunder.]
    ``Sec. 4. (a) Storage, Transportation and Withdrawal.--The 
Secretary may store, transport and withdraw crude helium and 
maintain and operate crude helium storage facilities, in 
existence on the date of enactment of the Helium Privatization 
Act of 1996 at the Bureau of Mines Cliffside Field, and related 
helium transportation and withdrawal facilities.
    ``(b) Cessation of Production, Refining, and Marketing.--
Not later than 18 months after the date of enactment of the 
Helium Privatization Act of 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 Act 
before the date of enactment of the Helium Privatization Act of 
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 
        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.
          ``(2) Applicable law.--The disposal of such property 
        shall be in accordance with the Federal Property and 
        Administrative Services Act of 1949.
          ``(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 6(f).
          ``(4) Costs.--All costs associated with such sale and 
        disposal (including costs associated with termination 
        of personnel) and with the cessation of activities 
        under subsection (b) shall be paid from amounts 
        available in the helium production funds established 
        under section 6(f).
          ``(5) Exception.--Paragraph (1) shall not apply to 
        any facilities, equipment, or other real or personal 
        property, or any interest therein, necessary for the 
        storage, transportation and withdrawal of crude helium 
        or any equipment, facilities, or other real or personal 
        property, required 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 helium and 
        that are in effect on the date of the enactment of the 
        Helium Privatization Act of 1996 shall remain in force 
        and effect until the date on which the refining 
        operations cease, as described 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 
        established under section 6(f).
    [``Sec. 5. (a) Whenever the President determines that the 
defense, security, and general welfare of the United States 
requires such action, the Secretary shall issue such 
regulations as he deems necessary for the licensing of sales 
and transportation of helium in interstate commerce after 
extraction from helium-bearing natural gas or helium-gas 
mixtures. Thereafter it shall be unlawful for any person to 
sell or transfer helium in interstate commerce except in 
accordance with such regulations or pursuant to the terms of a 
license issued by the Secretary, or in accordance with the 
terms of a contract or agreement with the Secretary entered 
into pursuant to this Act. For the purpose of this section, the 
term `helium' shall mean helium, after extraction from helium-
bearing natural gas or helium-gas mixtures, in a refined or 
semirefined state suitable for use.
    [``(b) Each license shall be issued for a specified period 
to be determined by the Secretary, but not exceed five years, 
and may be renewed by the Secretary upon the expiration of such 
period. No such license shall be issued to a person if in the 
opinion of the Secretary the issuance of a license to such 
person would be inimical to the defense and security of the 
United States. No such license shall be assigned or otherwise 
transferred directly or indirectly except with the consent or 
approval of the Secretary in writing. Any such license may be 
revoked for any material false statement in the application for 
license, or for violation or a failure to comply with the terms 
and provisions of this Act, the regulations issued by the 
Secretary pursuant thereto, or the terms of the license.
    [``(c) In issuing licenses under this section, the 
Secretary shall impose such regulations and terms of licenses 
as will permit him effectively to promote the common defense 
and security as well as the general welfare of the United 
States. The licensing authority herein granted shall be used 
solely for the purpose of preventing the transportation or sale 
of helium for end uses determined by the Secretary to be 
nonessential or wasteful, and any determination that any end 
use is nonessential or wasteful shall be published in the form 
of general regulations applicable to all transportation or 
sales of helium.
    [``(d) Whenever Congress or the president declares that a 
war or national emergency exists, the Secretary is authorized 
to suspend any license granted under this Act if in his 
judgment such suspension is necessary to the defense and 
security of the United States, and he is further authorized to 
take such steps as may be necessary to recapture or reacquire 
supplies of helium.]
    ``Sec. 5. (a) In General.--Whenever the Secretary provides 
helium storage withdrawal or transportation services to any 
person, the Secretary shall impose a fee on the person to 
reimburse the Secretary for the full costs of providing such 
storage, transportation, and withdrawal.
    ``(b) Treatment.--All fees received by the Secretary under 
subsection (a) shall be treated as moneys received under this 
Act for purposes of section 6(f).
    ``Sec. 6. (a) The Department of Defense, the Atomic Energy 
Commission and other agencies of the Federal Government, to the 
extent that supplies are readily available, shall purchase all 
major requirements of helium [from the Secretary] from persons 
who have entered into enforceable contracts to purchase an 
equivalent amount of crude helium from the Secretary.
    ``(b) The Secretary is authorized to sell crude helium for 
Federal, medical, scientific, and commercial uses in such 
quantities and under such terms and conditions as he 
determines. Except as may be required by reason of subsection 
(a), sales of crude helium under this section shall be in 
amounts as the Secretary determines, in consultation with the 
helium industry, necessary to carry out this subsection with 
minimum market disruption.
    ``(c) Sales of crude helium by the Secretary shall be at 
prices established by him which shall be adequate to cover all 
costs incurred in carrying out the provisions of this Act and 
to repay to the United States by deposit in the Treasury, 
[together with interest as provided in subsection (d) of this 
section, the following:
          [``(1) Within twenty-five years from the date of 
        enactment of the Helium Act Amendments of 1960, the net 
        capital and retained earnings of the helium production 
        fund (established under section 3 of this Act prior to 
        amendment by the Helium Act Amendments of 1960), 
        determined by the Secretary as of such date of 
        enactment, plus any moneys expended thereafter by the 
        Department of the Interior from funds provided in the 
        Supplemental Appropriation Act, 1959, for construction 
        of a helium plant at Keyes, Oklahoma;
          [``(2) Within twenty-five years from the date of 
        borrowing, all funds borrowed, as provided in section 
        12 of this Act, to acquire and construct helium plants 
        and facilities; and
          [``(3) Within twenty-five years from the date of 
        enactment of the Helium Act Amendments of 1960, unless 
        the Secretary determines that said period should be 
        extended for not more than ten years, all funds 
        borrowed, as provided in section 12 of this Act, for 
        all purposes other than those specified in clause (2) 
        above.] all funds required to be repaid to the United 
        States as of October 1, 1995 under this section 
        (referred to in this subsection as `repayable 
        amounts'). The price at which crude helium is sold by 
        the Secretary shall not be less than the amount 
        determined by the Secretary by--
          ``(1) dividing the outstanding amount of such 
        repayable amounts by the volume (in million cubic feet) 
        of crude helium owned by the United States and stored 
        in the Bureau of Mines Cliffside Field at the time of 
        the sale concerned, and
          ``(2) adjusting the amount determined under paragraph 
        (1) by the Consumer Price Index for years beginning 
        after December 31, 1995.
    [``(d) Compound interest on the amounts specified in 
clauses (1), (2), and (3) of subsection (c) which have not been 
paid to the Treasury shall be calculated annually at rates 
determined by the Secretary of the Treasury taking into 
consideration the current average market yields of outstanding 
marketable obligations of the United States having maturities 
comparable to the investments authorized by this Act, except 
that the interest rate on the amounts specified in clause (1) 
of subsection (c) shall be determined as of the date of 
enactment of the Helium Act Amendments of 1960, and the 
interest rate on the obligations specified in clauses (2) and 
(3) of subsection (c) as of the time of each borrowing.]
    ``(d) All moneys received by the Secretary from the sale or 
disposition of helium on Federal lands shall be paid to the 
Treasury and credited against the amounts required to be repaid 
to the Treasury under subsection (c).
    [``(e) Helium shall be sold for medical purposes at prices 
which will permit its general use therefor; and all sales of 
helium to non-Federal purchasers shall be upon condition that 
the Federal Government shall have a right to repurchase helium 
so sold that has not been lost or dissipated, when needed for 
Government use, under terms and at prices established by 
regulations.]
    [``(f)]``(e)(1) All moneys received under this Act, 
including moneys from sale of helium or other products 
resulting from helium operations and from the sale of excess 
property shall be credited to the helium production fund, which 
shall be available without fiscal year limitation, for carrying 
out the provisions of this Act, including any research relating 
to helium carried out by the Department of the Interior. 
Amounts accumulating in said fund in excess of amounts the 
Secretary deems necessary to carry out this Act and contracts 
negotiated hereunder shall be paid to the Treasury and credited 
against the amounts required to be repaid to the Treasury under 
subsection (c) of this section.
    ``(2)(A) Within 7 days after the commencement of each 
fiscal year after the disposal of the facilities referred to in 
section 4(c), all amounts in such fund in excess of $2,000,000 
(or such lesser sum as the Secretary deems necessary to carry 
out this Act during such fiscal year) shall be paid to the 
Treasury and credited as provided in paragraph (1).
    ``(B) On repayment of all amounts referred to in subsection 
(c), the fund established under this section shall be 
terminated and all moneys received under this Act shall be 
deposited in the general fund of the Treasury.
    ``Sec. 7. 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 Act, and shall have complete right of access to plants, 
data, and accounts.
    ``Sec. 8. (a) [Proceedings for the condemnation of any 
property under section 3 of this Act shall be instituted and 
maintained pursuant to the provisions of the Act of August 1, 
1888 (25 Stat. 357; 40 U.S.C. 257), as amended, and sections 
1358 and 1403 of title 28 of the United States Code, or any 
other Federal statute applicable to the acquisition of real 
property by eminent domain. The Acts of February 26, 1931 (46 
Stat. 1421; 40 U.S.C. 258a-258e), and October 21, 1942 (56 
Stat. 797; 40 U.S.C. 258f), shall be applicable to any such 
proceedings. Wherever the words `real property,' `realty', 
`land', `easement', `right-of-way', or words of similar 
meaning, are used in such code provisions or Acts relating to 
procedure, jurisdiction, and venue, they shall be deemed, for 
the purposes of this Act, to include any personal property 
authorized to be acquired hereunder.
    [``(b) In the event of disposal under section 3(a)(4) of 
this Act of any property acquired by eminent domain pursuant to 
this Act, the former owner or successor in interest of the 
rights therein shall have the preferential right to reacquire 
such property on terms as favorable as those terms whereby 
disposition may be made under such section.] (1) 
Commencement.--Not later than January 1, 2005, the Secretary 
shall commence offering for sale crude helium from helium 
reserves owned by the United States in such amounts as would be 
necessary to dispose of all such helium reserves in excess of 
600,000,000 cubic feet on a straight-line basis between such 
date and January 1, 2015.
    ``(2) Times of sale.--The sales shall be at such times 
during each year and in such lots as the Secretary determines, 
in consultation with the helium industry, to be necessary to 
carry out this subsection with minimum market disruption.
    ``(3) Price.--The price for all sales under paragraph (1), 
as determined by the Secretary in consultation with the helium 
industry, shall be such price as will ensure repayment of the 
amounts required to be repaid to the Treasury under section 
6(c).
    ``(b) Discovery of Additional Reserves.--The discovery of 
additional helium reserves shall not affect the duty of the 
Secretary to make sales of helium under subsection (a).
    ``Sec. 9. The Secretary is hereby authorized to establish 
and promulgate such rules and regulations, as are consistent 
with the directions of this Act and are necessary to carry out 
the provisions hereof.
    ``Sec. 10. (a) The provisions of the Administrative 
Procedure Act of June 11, 1946 (60 Stat. 637; 5 U.S.C. 1001-
1011), as amended, shall apply to any agency proceeding and any 
agency action taken under this Act, including the issuance of 
rules and regulations, and the terms `agency proceeding' and 
`agency action' shall have the meaning specified in the 
Administrative Procedure Act.
    ``(b) In any proceeding under this Act 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 proceedings shall be subject to judicial review in 
the manner prescribed in the Act of December 29, 1950 (64 Stat. 
1129; 5 U.S.C. 1031-1042), as amended, and to the provisions of 
section 10 of the Administrative Procedure Act.
    ``Sec. 11. The provisions of the Natural Gas Act of June 
21, 1938 (52 Stat. 821; 15 U.S.C. 717-717w), as amended, shall 
not be applicable to the sale, extraction, processing, 
transportation, or storage of helium either prior to or 
subsequent to the separation of such helium from the natural 
gas with which it is commingled, whether or not the provisions 
of such Act apply to such natural gas, and in determining the 
rates of a natural gas company under sections 4 and 5 of the 
Natural Gas Act, as amended, whenever helium is extracted from 
helium-bearing natural gas, there shall be excluded (1) all 
income received from the sale of helium; (2) all direct costs 
incurred in the extraction, processing, compression, 
transportation, or storage of helium; and (3) that portion of 
joint costs of exploration, production, gathering, extraction, 
processing, compression, transportation or storage divided and 
allocated to helium on a volumetric basis.
    ``Sec. 12. [(a) The Secretary is authorized to borrow 
annually from the Treasury and credit to the fund established 
under section 6(f) of this Act such amounts as may be 
authorized in the initial appropriation Act and which may be 
increased from time to time in appropriation Acts and as are 
necessary to carry out the provisions of this Act and 
contractual obligations hereunder.
    [``(b) For the purpose of this section the Secretary may 
issue to the Secretary of the Treasury notes, debentures, 
bonds, or other obligations to be redeemable at the option of 
the Secretary before maturity in such manner as may be 
stipulated in such obligations. The Secretary of the Treasury 
is authorized and directed to purchase any obligations issued 
by the Secretary under authority of this section and for such 
purpose the Secretary of the Treasury is authorized to use as a 
public debt transaction the proceeds from the sale of any 
securities issued under the Second Liberty Bond Act, as 
amended, and the purposes for which securities may be issued 
under the Second Liberty Bond act, as amended, are extended to 
include any purchase of obligations of the Secretary 
hereunder.]
    ``(a) In General.--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.
    ``(b) Land Description.--The parcel of land referred to in 
subsection (a) is all those certain lots, tracts or parcels of 
land lying and being situated in the County of Potter and State 
of Texas, and being the East Three Hundred Thirty-One (E331) 
acres out of Section Seventy-eight (78) in Block Nine (9), B.S. 
& F. Survey, (some times known as the G.D. Landis pasture) 
Potter County, Texas, located by certificate No. 1/39 and 
evidenced by letters patents Nos. 411 and 412 issued by the 
State of Texas under date of November 23, 1937, and of record 
in Vol. 66A of the Patent Records of the State of Texas. The 
metes and bounds description of such lands is as follows:
          ``(1) First tract.--One Hundred Seventy-one (171) 
        acres of land known as the North part of the East part 
        of said survey Seventy-eight (78) aforesaid, described 
        by metes and bounds as follows:
                  ``Beginning at a stone 
                20123 inches marked X, set by 
                W.D. Twichell in 1905, for the Northeast corner 
                of this survey and the Northwest corner of 
                Section 59;
                  ``Thence, South 0 degrees 12 minutes East 
                with the West line of said Section 59, 999.4 
                varas to the Northeast corner of the South 160 
                acres of East half of Section 78;
                  ``Thence, North 89 degrees 47 minutes West 
                with the North line of the South 150 acres of 
                the East half, 956.8 varas to a point in the 
                East line of the West half Section 78;
                  ``Thence, North 0 degrees 10 minutes West 
                with the East line of the West half 999.4 varas 
                to a stone 18143 inches in 
                the middle of the South line of Section 79;
                  ``Thence, South 89 degrees 47 minutes East 
                965 varas to the place of beginning.
          ``(2) Second tract.--One Hundred Sixty (160) acres of 
        land known as the South part of the East part of said 
        survey No. Seventy-eight (78) described by metes and 
        bounds as follows:
                  ``Beginning at the Southwest corner of 
                Section 59, a stone marked X and a pile of 
                stones; Thence, North 89 degrees 47 minutes 
                West with the North line of Section 77, 966.5 
                varas to the Southeast corner of the West half 
                of Section 78; Thence, North 0 degrees 10 
                minutes West with the East line of the West 
                half of Section 78;
                  ``Thence, South 89 degrees 47 minutes East 
                965.8 varas to a point in the East line of 
                Section 78;
                  ``Thence, South 0 degrees 12 minutes East 
                934.6 varas to the place of beginning. 
                Containing an area of 331 acres, more or less.
    ``Sec. 13. Whoever willfully violates, attempts to violate, 
or conspires to violate, any provision of this Act or any 
regulation or order issued or any terms of a license granted 
thereunder shall, upon conviction thereof, be punished by a 
fine of not more than $5,000 or by imprisonment for not more 
than two years, or both, except that whoever commits such an 
offense with intent to injure the United States or with intent 
to secure an advantage to any foreign nation, shall upon 
conviction thereof, be punished by a fine of not more than 
$20,000 or by imprisonment for not more than twenty years, or 
both.
    ``Sec. 14. 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 Act, 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.
    ``Sec. 15. [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 limits, 
through the administration of this Act, a sustained supply of 
helium which, together with supplies available or expected to 
become available otherwise, will be sufficient to provide for 
essential Government activities.]
    ``(a) Not later than three years before the date on which 
the Secretary commences offering for sale crude helium under 
Section 8, the Secretary shall enter into appropriate 
arrangements with the National Academy of Sciences to study and 
report on whether such disposal of helium reserves will have a 
substantial adverse effect on U.S. scientific, technical, 
biomedical, or national security interests.
    ``(b) Not later than 18 months before the date on which the 
Secretary commences offering for sale crude helium under 
Section 8, the Secretary shall transmit to the Congress--
          ``(1) the report of the National Academy under 
        subsection (a);
          ``(2) the findings of the Secretary, after 
        consideration of the conclusions of the National 
        Academy under subsection (a) and after consultation 
        with the U.S. helium industry and with heads of 
        affected Federal agencies, as to whether the disposal 
        of the helium reserve under Section 8 will have a 
        substantial adverse effect on the U.S. helium industry, 
        the U.S. helium market or U.S., scientific, 
        technological, biomedical, or national security 
        interests; and
          ``(3) if the Secretary determines that selling the 
        crude helium reserves under the formula established in 
        Section 8 will have a substantial adverse effect on the 
        U.S. Helium industry, the U.S. helium market or U.S. 
        scientific, technological, biomedical, or national 
        security interest, the Secretary shall make 
        recommendations, including recommendations for proposed 
        legislation, as may be necessary to avoid such adverse 
        effects.
    ``Sec. 16. The Secretary of the Interior is directed to 
report annually to the Congress on the matters contained in 
this Act.
    ``Sec. 17. If any provision of this Act, 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 affected thereby.''.