I
105TH CONGRESS
1ST SESSION
H. R. 2178
To amend the Helium Act with respect to disposal of helium.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1997
Mr. THORNBERRY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Helium Act with respect to disposal of helium.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Helium Privatization
Act of 1997’’.
SEC. 2. AMENDMENT OF HELIUM ACT.
Whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered
to be made to a section or other provision of the Helium
Act (50 U.S.C. 167–167n), as amended by the Helium
Privatization Act of 1996 (Public Law 104–273).
SEC. 3. DISPOSAL OF FACILITIES.
Section 4 is amended by—
(1) striking subsection (c); and
(2) redesignating subsection (d) as subsection
(c).
SEC. 4. SALE OF CRUDE HELIUM.
Subsection 6(c) is amended by striking ‘‘—’’ and all
that follows through ‘‘(2)’’.
SEC. 5. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
‘‘SEC. 8. ELIMINATION OF STOCKPILE.
‘‘(a) SECRETARY OF DEFENSE.—
‘‘(1) IN GENERAL.—Half of the helium reserves
owned by the United States on the date of the en-
actment of the Helium Privatization Act of 1997
shall be placed under the authority of the Secretary
of Defense, who shall determine and execute the
storage, transportation, and use of helium from the
reserves. The Federal Government shall forgive any
share of debt owed on these reserves.
‘‘(2) LOCATION OF RESERVES.—The Secretary
of Defense may maintain the reserves under the au-
thority of the Secretary of Defense at the site on
which they are located on the date of enactment of
this Act, or transfer the reserves to another site. In
a case in which the Secretary of Defense elects to
transfer the reserves, the Secretary shall notify the
Secretary of the Interior of the transfer not later
than the predetermined date agreed to by the Sec-
retary of Defense and Secretary of the Interior.
‘‘(b) DEPARTMENT OF THE INTERIOR.—
‘‘(1) IN GENERAL.—The remaining half of the
helium reserves owned by the United States on the
date of the enactment of the Helium Privatization
Act of 1997 shall remain under the authority of the
Secretary of the Interior.
‘‘(2) DISPOSAL OF RESERVES.—
‘‘(A) INVESTMENT
ADMINISTRATOR.—In
order to dispose of the helium reserves under
the authority of the Secretary of the Interior,
the Secretary of the Interior shall appoint an
Investment Administrator to sell—
‘‘(i) the helium from the helium re-
serves; and
‘‘(ii) any production, refining, and
marketing assets of the reserves, unless the
Secretary of Defense determines that such
assets are essential to the transportation
or storage needs of the Secretary of De-
fense.
The proceeds from any sales shall be paid to
the Treasury of the United States. A percent-
age of the proceeds, as agreed to by the Sec-
retary of the Interior and the Investment Ad-
ministrator, shall be used to pay the salary of
the Investment Administrator.
‘‘(B) SELECTION
CRITERIA
FOR
INVEST-
MENT ADMINISTRATOR.—Any individual inter-
ested in the position of Investment Adminis-
trator shall, within a time period to be deter-
mined by the Secretary of the Interior—
‘‘(i) submit in writing to the Secretary
of the Interior a plan for disposing of the
helium reserves under the authority of the
Secretary of the Interior (including any
unobligated natural gas reserves and real
estate at the helium reserves used in he-
lium refinement and production); and
‘‘(ii) make an oral presentation to the
Secretary of the Interior on such plan.
‘‘(C) INTERIM DISPOSAL.—The Secretary
of the Interior may determine a price in con-
sultation with the helium industry, and sell he-
lium described in paragraph (1) during the pe-
riod in which an Investment Administrator has
not been selected.
‘‘(c) DISCOVERY OF ADDITIONAL RESERVES.—The
discovery of additional helium reserves shall not affect the
duties of the Secretaries to make sales of helium under
this section.’’.
SEC. 6. REPORT ON HELIUM.
(a) NATIONAL ACADEMY OF SCIENCES REPORT.—
Subsection 15(a) is amended by inserting after ‘‘disposal
of helium reserves’’ the following: ‘‘under the authority of
the Secretary of Defense’’.
(b) REPORT
TO CONGRESS.—Subsection 15(b) is
amended—
(1) in paragraph (1) by inserting ‘‘and’’ after
the semicolon;
(2) in paragraph (2) by striking ‘‘; and’’ and in-
serting a period; and
(3) by striking paragraph (3).
Æ