Page:United States Statutes at Large Volume 74.djvu/962

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[74 Stat. 922]
[74 Stat. 922]
PUBLIC LAW 86-000—MMMM. DD, 1960


PXJBLIC LAW 8 6 - 7 7 7 - S E P T. 13, 1960



with the Secretary in carrying out the purposes of this Act, and shall have complete right of access to plants, data, and accounts. C o n d e m n ation "SEC. 8, (a) Proceedings for the condemnation of any property proceedings. 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. Rules and regu"SEC. 9. The Secretary is hereby authorized to establish and promullations. Promulgation. gate 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 60 Stat. 237 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 pro- 'agency proceeding' and 'agency action' shall have the meaning specic e e d i n g " and "agency action". fied in the Administrative Procedure Act. License. "(b) I n any proceeding under this Act for the granting, suspendHearing. ing, 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. 717-7l7w), 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 IS u s e 7 17c, Natural Gas Act, as amended, whenever helium is extracted from 7l7d. 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.