75TH CONGRESS, 1ST SESSION-CH . S95---SEP'1s.MBER 1, 1937
885 ( CHA PTER 89 51 AN ACT September 1 1937 Au thor izing the conse rvati on, p roduc tion , exp loita tion, and sale of he lium gas, [s .1,5671 a mineral resource pertaining to the national defense and to the development
[Public, No . 411] of com merci al ae ronau tics, auth orizi ng t he ac quisi tion, by p urcha se or oth er- wise, by the United States of properties for the production of helium gas, and for other purposes. Be it enacted by the Senate and House of Repre sentat ives of the United States o f America in Congress assembled, That the' Act Helgm g o. entitled "An Act authorizing the conservation, production, and 50r.s. C. ,[ 161- exploitation of helium gas, a mineral resource pertaining to the 16" n ationa l defe nse, a nd to the de velopm ent of comme rcial aerona utics, and for other purposes", approved March 3, 1925, as amended, is amended to read as follows "SECTION 1 . That for the purpose of conserving ' producing, and Powers of Secretary of the Interior. selling helium gas the Secretary of the Interior, through the Bureau of Mines is authorized "(a) To acquire by purchase, lease, or condemnation, lands or Acquisition of lands or interests, etc . 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 opera- tion of such properties ; but such lands or interests in lands may be acquired by condemnation only when necessary for the production or conservation of helium to meet the needs of the Army and Navy and other agencies of the Federal Government ; "(b) To make contracts and agreements (with optional provisions Contracts and agree- where necessary) for the acquisition, processing, or conservation of ments . helium-bearing gas ; "(c) To construct or acquire plants, wells, pipe lines, compressor Cons tructio n, etc ., of plants and ot her s tation s, cam p buil dings, and o ther f acilit ies, f or the produ ction, facilities for produc- s torage, repurif ication, transp ortation , and sa le of h elium an d helium - Li on of. bearing gas ; and to acquire patents or rights therein and reports Patents, reports, etc . of experimentation and research used in connection with the prop- erties acquired or useful in the Government's helium operations ; (d) To dispose by lease or sale of wells, lands, or interests Disposal of wells . t herein not v aluabl ee for heliu m
to dispose of oil
etc . production ;
, gas,
Oil, gas, a nd by- and byproducts of helium operations not needed for Government products not needed . use ; and to issue leases to the surface of lands or structures thereon su rfa ce leas es for for grazing or other purposes when the same may be done without grazing . interfering with the production of helium . "The Secretary of the Interior is hereby directed, if possible under Acquisition of exist- ing private-produc- the terms hereof, to acquire by purchase all properties developed or tion properties . c onstru cted b y priv ate pa rties prior to the passa ge of this A ct for helium production, such purchase to be at a price or prices recom- Price . mended to be fair and reasonable by at least two of a board of three appraisers, the members of which shall be selected as follows : One by the Secretary of the Interior, one by the owner of the properties sought to be acquired, and one by the tyro appraisers so selected . The Obligations and Secretary of the Interior is authorized to incur obligations and enter agreements . into agreements for the purchase of such properties, and every such agreement shall be deemed a contractual obligation of the Govern- ment for the payment of the cost thereof, such payment to be made from any appropriations hereafter made for such purpose . Prior to Sale prior to agree- the date of execution of an agreement or agreements for the pur- ment, restriction . chase of such properties, the Government shall not sell helium as authorized in section 3 (b) of this Act : Provided That the foregoing prow'¢ • b
Refusal or failure of restriction upon the sale of helium by the Government shall be inop- owner to appoint op- erative in the event that (1) the owner of any such properties shall refuse or neglect to appoint an appraiser within thirty days after
