TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Glacier Bay National Park Boundary
Adjustment Act of 1998''.

SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

(a) In General.--(1) Subject to conditions set forth in subsection
(c), if the State of Alaska, in a manner consistent with this Act,
offers to transfer to the United States the lands identified in
paragraph (2) in exchange for the lands identified in paragraph (4),
selected from the area described in section 3(b)(1), the Secretary of
the Interior (in this Act referred to as the ''Secretary'') shall
complete such exchange no later than 6 months after the issuance of a
license to Gustavus Electric Company by the Federal Energy Regulatory
Commission (in this Act referred to as ''FERC''), in accordance with
this Act. This land exchange shall be subject to the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law.
(2) The lands to be conveyed to the United States by the State of
Alaska shall be determined by mutual agreement of the Secretary and the
State of Alaska. Lands that will be considered for conveyance to the
United States pursuant to the process required by State law are lands
owned by the State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the State of
Alaska.
(3) If the Secretary and the State of Alaska have not agreed on
which lands the State of Alaska will convey by a date not later than 6
months after a license is issued pursuant to this Act, the United
States shall accept, within 1 year after a license is issued, title to
land having a sufficiently equal value to satisfy State and Federal
law, subject to clear title and valid existing rights, and absence of
environmental contamination, and as provided by the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law. Such land shall be
accepted by the United States, subject to the other provisions of this
Act, from among the following State lands in the priority listed:

copper river meridian

(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2,
and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres,
as shown on the plat of survey accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and
2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12;
Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres,
as shown on the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of
survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately
529.94 acres, as shown on the plat of survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska by the United
States under paragraph (1) are lands to be designated by the Secretary
and the State of Alaska, consistent with sound land management
principles, based on those lands determined by FERC with the
concurrence of the Secretary and the State of Alaska, in accordance
with section 3(b), to be the minimum amount of land necessary for the
construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the land
exchanges described in this Act may be extended as necessary by the
Secretary should the processes of State law or Federal law delay
completion of an exchange.
(6) For purposes of this Act, the term ''land'' means lands,
waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction maintains,
within the National Wilderness Preservation System, approximately the
same amount of area of designated wilderness as currently exists, the
following lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange authorized by
this Act and shall be administered according to the laws governing
national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36
S., R. 54 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (D-2), Alaska, containing approximately
789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying within
Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM,
and shown on United States Geological Survey quadrangle Mt.
Fairweather (C-5), Alaska, containing approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31. S., R.
43 E and T. 32 S., R. 43 E., CRM, that is not currently designated
wilderness, containing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consistent
with sound land management principles, to approximately equal, in sum,
the total wilderness acreage deleted from Glacier Bay National Park and
Preserve pursuant to the land exchange authorized by this Act.
(c) Conditions.--Any exchange of lands under this Act may occur
only if--
(1) following the submission of a complete license application,
FERC has conducted economic and environmental analyses under the
Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions
of that Act and the Federal regulations that otherwise exempt this
project from economic analyses), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife
Coordination Act (16 U.S.C. 661-666), that conclude, with the
concurrence of the Secretary of the Interior with respect to
subparagraphs (A) and (B), that the construction and operation of a
hydroelectric power project on the lands described in section
3(b)--
(A) will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after
the consummation of the land exchange authorized by this
section);
(B) will comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470-470w); and
(C) can be accomplished in an economically feasible manner;
(2) FERC held at least one public meeting in Gustavus, Alaska,
allowing the citizens of Gustavus to express their views on the
proposed project;
(3) FERC has determined, with the concurrence of the Secretary
and the State of Alaska, the minimum amount of land necessary to
construct and operate this hydroelectric power project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction may
commence, and the FERC has approved such plan.

SEC. 3. ROLE OF FERC.

(a) License Application.--(1) The FERC licensing process shall
apply to any application submitted by Gustavus Electric Company to the
FERC for the right to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an application filed
by Gustavus Electric Company for the construction and operation of a
hydropower plant to be located on lands within the area described in
subsection (b), notwithstanding section 3(2) of the Federal Power Act
(16 U.S.C. 796(2)). Such application must be submitted within 3 years
after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a) of this
section are lands in the State of Alaska described as follows:

copper river meridian

Township 39 South, Range 59 East, partially surveyed, Section 36
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\,
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing
approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed, Section 1
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2
(unsurveyed), fractional, that portion lying above the mean high tide
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945;
Section 11 (unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\,
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and Native
allotment A-442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in paragraph (1) to account for accretion to these
lands from natural forces.
(3) With the concurrence of the Secretary and the State of Alaska,
the FERC shall determine the minimum amount of lands necessary for
construction and operation of such project.
(4) The National Park Service shall participate as a joint lead
agency in the development of any environmental document under the
National Environmental Policy Act of 1969 in the licensing of such
project. Such environmental document shall consider both the impacts
resulting from licensing and any land exchange necessary to authorize
such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC's approval, prior to any commencement of construction, of
a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor of
potential project lands ultimately to be deleted from the Federal
reservation in accordance with this Act, waives its right to impose
mandatory conditions on such project lands pursuant to section 4(e) of
the Federal Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or amend the
project license unless it determines, with the Secretary's concurrence,
that the project will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after the
consummation of the land exchange authorized by this Act).
Additionally, a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power project
shall require the licensee to mitigate any adverse effects of the
project on the purposes and values of Glacier Bay National Park and
Preserve identified by the Secretary after the initial licensing.
(4) A condition of the license to construct and operate any portion
of the hydroelectric power project shall be the completion, prior to
any commencement of construction, of the land exchange described in
this Act.

SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.

(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a
special use permit to Gustavus Electric Company to allow the completion
of the analyses referred to in section 3. The Secretary shall impose
conditions in the permit as needed to protect the purposes and values
of Glacier Bay National Park and Preserve.
(b) Park System.--The lands acquired from the State of Alaska under
this Act shall be added to and administered as part of the National
Park System, subject to valid existing rights. Upon completion of the
exchange of lands under this Act, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park System units to
include the lands acquired from the State of Alaska; and adjust the
boundary of Glacier Bay National Park and Preserve to exclude the lands
transferred to the State of Alaska under this Act. Any such adjustment
to the boundaries of National Park System units resulting from this Act
shall not be charged against any acreage limitations under section
103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make any
necessary modifications or adjustments of boundaries of wilderness
areas as a result of the additions and deletions caused by the land
exchange referenced in section 2. Any such adjustment to the boundaries
of National Park System units shall not be considered in applying any
acreage limitations under section 103(b) of Public Law 96-487.
(d) Concurrence of the Secretary.--Whenever in this Act the
concurrence of the Secretary is required, it shall not be unlawfully
withheld or unreasonably delayed.

SEC. 5. APPLICABLE LAW.

The authorities and jurisdiction provided in this Act shall
continue in effect until such time as this Act is expressly modified or
repealed by Congress.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

SOLUTION: Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for: (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period.
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness.
Conditions such land exchange on: (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan.
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands. Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment. Provides for FERC to retain jurisdiction over any hydropower project constructed on such site. Sets forth additional provisions regarding issuance of a license for construction or operation of such a project.
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses. Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve. Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights.
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scientifically Identifying the Need
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
''(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:

''SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

(B) by striking ''For the purposes of this Act--''
and inserting the following:
''(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
''(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:

''Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
''(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
''(10) Field data.--
''(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
''(B) Data from landowners.--The Secretary shall--
''(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
''(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
''(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
''(i) invite any person to submit the data to the
Secretary; and
''(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
''(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
''(j) Independent Scientific Review Requirements.--
''(1) Definitions.--In this subsection:
''(A) Action.--The term 'action' means--
''(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
''(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
''(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
''(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
''(B) Qualified individual.--The term 'qualified
individual' means an individual with expertise in the
biological sciences--
''(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
''(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
''(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
''(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
''(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
''(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
''(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
''(C) Reviewers shall be compensated for conducting the
independent review.
''(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
''(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
''(A) a summary of the results of the independent
scientific review; and
''(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
''(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
''(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
''(D) Opportunity to participate in
consultations.--
''(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
''(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
''(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
''(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
''(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
''(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.

SOLUTION: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

PROBLEM: 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 expressed in terms
of an amendment to, or repeal of, a section 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 enactment 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 authority 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 Secretary 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 reserves;
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 Defense.
The proceeds from any sales shall be paid to the
Treasury of the United States. A percentage of the
proceeds, as agreed to by the Secretary of the Interior
and the Investment Administrator, shall be used to pay
the salary of the Investment Administrator.
''(B) Selection criteria for investment
administrator.--Any individual interested in the
position of Investment Administrator shall, within a
time period to be determined 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 helium 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 consultation with the
helium industry, and sell helium described in paragraph
(1) during the period 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 inserting a
period; and
(3) by striking paragraph (3).

SOLUTION:
Helium Privatization Act of 1997 - Amends the Helium Act to repeal requirements for disposal of helium facilities. Revises the formula for price determinations for crude helium sales to eliminate all factors but inflation adjustments.
Revises stockpile elimination guidelines to mandate that half the Federal helium reserves be placed under the authority of the Secretary of Defense, who shall determine and implement helium storage, transportation, and use. States that the Federal Government shall forgive any debt owed on such reserves. Retains the remaining Federal helium under the authority of the Secretary of the Interior. Instructs such Secretary to appoint an Investment Administrator to sell the helium reserves and their attendant production, refining, and marketing assets unless the Secretary of Defense determines such assets are essential to Department of Defense transportation or storage needs. Mandates payment of helium sales proceeds to the Treasury, with a percentage of such proceeds paid as salary to the Administrator pursuant to an agreement between the Administrator and the Secretary of the Interior.
States that such Administrator shall be selected from individuals who submit and make an oral presentation of a written helium disposal plan (including any unobligated natural gas reserves and real estate used in helium refinement and production).
Authorizes the Secretary of the Interior to determine a sales price in consultation with the helium industry, and to sell helium during the period in which no Investment Administrator has been selected.
Declares that discovery of additional helium reserves shall not affect the duties of the Secretaries to make helium sales.
Narrows solely to reserves under the authority of the Secretary of Defense the scope of a currently mandated National Academy of Sciences study on whether disposal of helium reserves will have a substantial adverse effect on U.S. scientific, technical, biomedical, or national security interests.
Repeals the mandate that the Secretary of Defense make recommendations to the Congress on how to avoid potential adverse effects upon such U.S. interests by sales of crude helium reserves.