WHAT CONGRESS JUST DID TO HELP FILL THE HELIUM GAP - SOMETHING TO CELEBRATE (EVEN WITHOUT BALLOONS)

While most people were watching whether the Land and Water Conservation Fund would be reauthorized in the John D. Dingell, Jr. Conservation Management, and Recreation Act (Dingell Act), a few of us were hoping the long-sought “helium fix” would at last make it across the finish line. When the President signed the Dingell Act on March 12, 2019, Section 1109, “Maintenance of Federal Mineral Leases Based on Extraction of Helium,” was included. What is the helium “fix” and why should we care about helium anyway?

Most people are familiar with helium from buying party balloons. But that is a minor (1%) part of its use. Helium plays a much more important role in space and aerospace applications, fiber optics, airbags, high-speed internet and medicine. MRI imaging depends on the ability of helium to hold a temperature of -269 degrees. In May 2018, pursuant to Executive Order 13817, the Trump administration identified helium as one of 35 minerals deemed critical to U.S. national security and the economy. 83 Fed. Reg. 2395 (May 18, 2018). And, this year, the media is highlighting a helium shortage that is closing 45 Party City stores and sending helium prices sky-high.

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