PUBLIC LAW 113–40—OCT. 2, 2013 

HELIUM STEWARDSHIP ACT OF 2013 


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127 STAT. 534 PUBLIC LAW 113–40—OCT. 2, 2013 

Public Law 113–40 

113th Congress 

An Act 

To amend the Helium Act to complete the privatization of the Federal helium 

reserve in a competitive market fashion that ensures stability in the helium 

markets while protecting the interests of American taxpayers, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Helium Stewardship Act of 

2013’’. 

SEC. 2. DEFINITIONS. 

Section 2 of the Helium Act (50 U.S.C. 167) is amended to 

read as follows: 

‘‘SEC. 2. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) CLIFFSIDE FIELD.—The term ‘Cliffside Field’ means 

the helium storage reservoir in which the Federal Helium 

Reserve is stored. 

‘‘(2) FEDERAL HELIUM PIPELINE.—The term ‘Federal Helium 

Pipeline’ means the federally owned pipeline system through 

which helium for the Federal Helium Reserve may be transported. 

‘‘(3) FEDERAL HELIUM RESERVE.—The term ‘Federal Helium 

Reserve’ means helium reserves owned by the United States. 

‘‘(4) FEDERAL HELIUM SYSTEM.—The term ‘Federal Helium 

System’ means— 

‘‘(A) the Federal Helium Reserve; 

‘‘(B) the Cliffside Field; 

‘‘(C) the Federal Helium Pipeline; and 

‘‘(D) all other infrastructure owned, leased, or managed 

under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium. 

‘‘(5) FEDERAL USER.—The term ‘Federal user’ means a Federal agency or extramural holder of one or more Federal 

research grants using helium. 

‘‘(6) LOW-BTU GAS.—The term ‘low-Btu gas’ means a fuel 

gas with a heating value of less than 250 Btu per standard 

cubic foot measured as the higher heating value resulting from 

the inclusion of noncombustible gases, including nitrogen, 

helium, argon, and carbon dioxide. 

Helium 

Stewardship Act 

of 2013. 

50 USC 167 note. 

Oct. 2, 2013 

[H.R. 527] 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 535 

‘‘(7) PERSON.—The term ‘person’ means any individual, corporation, partnership, firm, association, trust, estate, public 

or private institution, or State or political subdivision. 

‘‘(8) PRIORITY PIPELINE ACCESS.—The term ‘priority pipeline 

access’ means the first priority of delivery of crude helium 

under which the Secretary schedules and ensures the delivery 

of crude helium to a helium refinery through the Federal 

Helium System. 

‘‘(9) QUALIFIED BIDDER.— ‘‘(A) IN GENERAL.—The term ‘qualified bidder’ means 

a person the Secretary determines is seeking to purchase 

helium for their own use, refining, or redelivery to users. 

‘‘(B) EXCLUSION.—The term ‘qualified bidder’ does not 

include a person who was previously determined to be 

a qualified bidder if the Secretary determines that the 

person did not meet the requirements of a qualified bidder 

under this Act. 

‘‘(10) QUALIFYING DOMESTIC HELIUM TRANSACTION.—The 

term ‘qualifying domestic helium transaction’ means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase 

or sale of at least 15,000,000 standard cubic feet of crude 

or pure helium to which any holder of a contract with the 

Secretary for the acceptance, storage, delivery, or redelivery 

of crude helium from the Federal Helium System is a party. 

‘‘(11) REFINER.—The term ‘refiner’ means a person with 

the ability to take delivery of crude helium from the Federal 

Helium Pipeline and refine the crude helium into pure helium. 

‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’. 

SEC. 3. AUTHORITY OF SECRETARY. 

Section 3 of the Helium Act (50 U.S.C. 167a) is amended 

by adding at the end the following: 

‘‘(c) EXTRACTION OF HELIUM FROM DEPOSITS ON FEDERAL

LAND.—All amounts received by the Secretary from the sale or 

disposition of helium on Federal land shall be credited to the 

Helium Production Fund established under section 6(e).’’. 

SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. 

Section 5 of the Helium Act (50 U.S.C. 167c) is amended to 

read as follows: 

‘‘SEC. 5. STORAGE, WITHDRAWAL AND TRANSPORTATION. 

‘‘(a) IN GENERAL.—If the Secretary provides helium storage, 

withdrawal, or transportation services to any person, the Secretary 

shall impose a fee on the person that accurately reflects the economic value of those services. 

‘‘(b) MINIMUM FEES.—The fees charged under subsection (a) 

shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or 

transportation services, including capital investments in upgrades 

and maintenance at the Federal Helium System. 

‘‘(c) SCHEDULE OF FEES.—Prior to sale or auction under subsection (a), (b), or (c) of section 6, the Secretary shall annually 

publish a standardized schedule of fees that the Secretary will 

charge under this section. 

Deadline. 

Publication. 

Fees. 


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127 STAT. 536 PUBLIC LAW 113–40—OCT. 2, 2013 

‘‘(d) TREATMENT.—All fees received by the Secretary under this 

section shall be credited to the Helium Production Fund established 

under section 6(e). 

‘‘(e) STORAGE AND DELIVERY.—In accordance with this section, 

the Secretary shall— 

‘‘(1) allow any person or qualified bidder to which crude 

helium is sold or auctioned under section 6 to store helium 

in the Federal Helium Reserve; and 

‘‘(2) establish a schedule for the transportation and delivery 

of helium using the Federal Helium System that— 

‘‘(A) ensures timely delivery of helium auctioned pursuant to section 6(b)(2); 

‘‘(B) ensures timely delivery of helium acquired from 

the Secretary from the Federal Helium Reserve by means 

other than an auction under section 6(b)(2), including nonallocated sales; and 

‘‘(C) provides priority access to the Federal Helium 

Pipeline for in-kind sales for Federal users. 

‘‘(f) NEW PIPELINE ACCESS.—The Secretary shall consider any 

applications for access to the Federal Helium Pipeline in a manner 

consistent with the schedule for phasing out commercial sales and 

disposition of assets pursuant to section 6.’’. 

SEC. 5. SALE OF CRUDE HELIUM. 

Section 6 of the Helium Act (50 U.S.C. 167d) is amended 

to read as follows: 

‘‘SEC. 6. SALE OF CRUDE HELIUM. 

‘‘(a) PHASE A: ALLOCATION TRANSITION.— 

‘‘(1) IN GENERAL.—The Secretary shall offer crude helium 

for sale in such quantities, at such times, at not less than 

the minimum price established under subsection (b)(7), and 

under such terms and conditions as the Secretary determines 

necessary to carry out this subsection with minimum market 

disruption. 

‘‘(2) FEDERAL PURCHASES.—Federal users may purchase 

refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at 

the in-kind price from the Secretary. 

‘‘(3) DURATION.—This subsection applies during— 

‘‘(A) the period beginning on the date of enactment 

of the Helium Stewardship Act of 2013 and ending on 

September 30, 2014; and 

‘‘(B) any period during which the sale of helium under 

subsection (b) is delayed or suspended. 

‘‘(b) PHASE B: AUCTION IMPLEMENTATION.— 

‘‘(1) IN GENERAL.—The Secretary shall offer crude helium 

for sale in quantities not subject to auction under paragraph 

(2), after completion of each auction, at not less than the 

minimum price established under paragraph (7), and under 

such terms and conditions as the Secretary determines necessary— 

‘‘(A) to maximize total recovery of helium from the 

Federal Helium Reserve over the long term; 

‘‘(B) to maximize the total financial return to the taxpayer; 

Determination. 

Applicability. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 537 

‘‘(C) to manage crude helium sales according to the 

ability of the Secretary to extract and produce helium 

from the Federal Helium Reserve; 

‘‘(D) to give priority to meeting the helium demand 

of Federal users in the event of any disruption to the 

Federal Helium Reserve; and 

‘‘(E) to carry out this subsection with minimum market 

disruption. 

‘‘(2) AUCTION QUANTITIES.—For the period described in 

paragraph (4) and consistent with the conditions described 

in paragraph (8), the Secretary shall annually auction to any 

qualified bidder a quantity of crude helium in the Federal 

Helium Reserve equal to— 

‘‘(A) for fiscal year 2015, 10 percent of the total volume 

of crude helium made available for that fiscal year; 

‘‘(B) for each of fiscal years 2016 through 2019, a 

percentage of the total volume of crude helium that is 

15 percentage points greater than the percentage made 

available for the previous fiscal year; and 

‘‘(C) for fiscal year 2020 and each fiscal year thereafter, 

100 percent of the total volume of crude helium made 

available for that fiscal year. 

‘‘(3) FEDERAL PURCHASES.—Federal users may purchase 

refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at 

the in-kind price from the Secretary. 

‘‘(4) DURATION.—This subsection applies during the 

period— 

‘‘(A) beginning on October 1, 2014; and 

‘‘(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other 

than privately owned quantities of crude helium stored 

temporarily at the Federal Helium Reserve under section 

5 and this section) is 3,000,000,000 standard cubic feet. 

‘‘(5) SAFETY VALVE.—The Secretary may adjust the quantities specified in paragraph (2)— 

‘‘(A) downward, if the Secretary determines the adjustment necessary— 

‘‘(i) to minimize market disruptions that pose a 

threat to the economic well-being of the United States; 

and 

‘‘(ii) only after submitting a written justification 

of the adjustment to the Committee on Energy and 

Natural Resources of the Senate and the Committee 

on Natural Resources of the House of Representatives; 

or 

‘‘(B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium 

auctions or returns to the taxpayer. 

‘‘(6) AUCTION FORMAT.—The Secretary shall conduct each 

auction using a method that maximizes revenue to the Federal 

Government. 

‘‘(7) PRICES.—The Secretary shall annually establish, as 

applicable, separate sale and minimum auction prices under 

subsection (a)(1) and paragraphs (1) and (2) using, if applicable 

and in the following order of priority: 

Deadline. 

Determination. 

Applicability. 

Deadline. 


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127 STAT. 538 PUBLIC LAW 113–40—OCT. 2, 2013 

‘‘(A) The sale price of crude helium in auctions held 

by the Secretary under paragraph (2). 

‘‘(B) Price recommendations and disaggregated data 

from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey 

of qualifying domestic helium transactions. 

‘‘(C) The volume-weighted average price of all crude 

helium and pure helium purchased, sold, or processed by 

persons in all qualifying domestic helium transactions. 

‘‘(D) The volume-weighted average cost of converting 

gaseous crude helium into pure helium. 

‘‘(8) TERMS AND CONDITIONS.— ‘‘(A) IN GENERAL.—The Secretary shall require all persons that are parties to a contract with the Secretary 

for the withdrawal, acceptance, storage, transportation, 

delivery, or redelivery of crude helium to disclose, on a 

strictly confidential basis— 

‘‘(i) the volumes and associated prices in dollars 

per thousand cubic feet of all crude and pure helium 

purchased, sold, or processed by persons in qualifying 

domestic helium transactions; 

‘‘(ii) the volumes and associated costs in dollars 

per thousand cubic feet of converting crude helium 

into pure helium; and 

‘‘(iii) refinery capacity and future capacity estimates. 

‘‘(B) CONDITION.—As a condition of sale or auction 

to a refiner under subsection (a)(1) and paragraphs (1) 

and (2), effective beginning 90 days after the date of enactment of the Helium Stewardship Act of 2013, the refiner 

shall make excess refining capacity of helium available 

at commercially reasonable rates to— 

‘‘(i) any person prevailing in auctions under paragraph (2); and 

‘‘(ii) any person that has acquired crude helium 

from the Secretary from the Federal Helium Reserve 

by means other than an auction under paragraph (2) 

after the date of enactment of the Helium Stewardship 

Act of 2013, including nonallocated sales. 

‘‘(9) USE OF INFORMATION.—The Secretary may use the 

information collected under this Act— 

‘‘(A) to approximate crude helium prices; and 

‘‘(B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium. 

‘‘(10) PROTECTION OF CONFIDENTIALITY.—The Secretary 

shall adopt such administrative policies and procedures as the 

Secretary considers necessary and reasonable to ensure the 

confidentiality of information submitted pursuant to this Act. 

‘‘(11) FORWARD AUCTIONS.—Effective beginning in fiscal 

year 2016, the Secretary may conduct a forward auction once 

each fiscal year of a quantity of helium that is equal to up 

to 10 percent of the volume of crude helium to be made available 

at auction during the following fiscal year if the Secretary 

determines that the forward auction will— 

‘‘(A) not cause a disruption in the supply of helium 

from the Reserve; 

‘‘(B) represent a cost-effective action; 

Effective date. 

Determination. 

Effective date. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 539 

‘‘(C) generate greater returns for taxpayers; and 

‘‘(D) increase the effectiveness of price discovery. 

‘‘(12) SALE SCHEDULE AND FREQUENCY.—For fiscal year 

2015 the Secretary shall conduct only one auction, which shall 

precede, and one sale, which shall take place no later than 

August 1, 2014, with full and final payment for the sale being 

made no later than September 26, 2014. Consistent with the 

annual volumes established under paragraph (2), effective 

beginning in fiscal year 2016, the Secretary may conduct auctions twice during each fiscal year if the Secretary determines 

that the auction frequency will— 

‘‘(A) not cause a disruption in the supply of helium 

from the Reserve; 

‘‘(B) represent a cost-effective action; 

‘‘(C) generate greater returns for taxpayers; and 

‘‘(D) increase the effectiveness of price discovery. 

‘‘(13) ONE-TIME SALE.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraph (4)(A), 

the Secretary shall hold a one-time sale of helium, no 

later than August 1, 2014 from amounts available in fiscal 

year 2016 pursuant to this section. Full and final payment 

for the sale must be made no later than 45 days after 

the date the sale takes place. 

‘‘(B) VOLUME SOLD.—The volume of helium sold under 

this paragraph— 

‘‘(i) shall be at least 250 million cubic feet; and 

‘‘(ii) shall be made available for sale consistent 

with paragraph (2)(B). 

‘‘(c) PHASE C: CONTINUED ACCESS FOR FEDERAL USERS.— 

‘‘(1) IN GENERAL.—The Secretary shall offer crude helium 

for sale to Federal users in such quantities, at such times, 

at such prices required to reimburse the Secretary for the 

full costs of the sales, and under such terms and conditions 

as the Secretary determines necessary to carry out this subsection. 

‘‘(2) FEDERAL PURCHASES.—Federal users may purchase 

refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at 

the in-kind price from the Secretary. 

‘‘(3) EFFECTIVE DATE.—This subsection applies beginning 

on the day after the date described in subsection (b)(4)(B). 

‘‘(d) PHASE D: DISPOSAL OF ASSETS.— 

‘‘(1) IN GENERAL.—Not earlier than 2 years after the date 

of commencement of Phase C described in subsection (c) and 

not later than September 30, 2021, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests 

in the same, held by the United States in the Federal Helium 

System. 

‘‘(2) APPLICABLE LAW.—The disposal of the property 

described in paragraph (1) shall be in accordance with subtitle 

I of title 40, United States Code. 

‘‘(3) PROCEEDS.—All proceeds accruing to the United States 

by reason of the sale or other disposal of the property described 

in paragraph (1) shall be treated as funds received under this 

Act for purposes of subsection (e). 

Deadlines. 

Determination. 

Deadlines. 

Effective date. 

Determination. 

Deadlines. 


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127 STAT. 540 PUBLIC LAW 113–40—OCT. 2, 2013 

‘‘(4) COSTS.—All costs associated with the sale and disposal 

(including costs associated with termination of personnel) and 

with the cessation of activities under this subsection shall be 

paid from amounts available in the Helium Production Fund 

established under subsection (e). 

‘‘(e) HELIUM PRODUCTION FUND.— 

‘‘(1) IN GENERAL.—All amounts received under this Act, 

including amounts from the sale or auction of crude helium, 

shall be credited to the Helium Production Fund, which shall 

be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to 

carry out this Act (other than sections 16, 17, and 18), including 

capital investments in upgrades and maintenance at the Federal Helium System, including— 

‘‘(A) well head maintenance at the Cliffside Field; 

‘‘(B) capital investments in maintenance and upgrades 

of facilities that pressurize the Cliffside Field; 

‘‘(C) capital investments in maintenance and upgrades 

of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium 

from the Federal Helium Reserve; 

‘‘(D) entering into purchase, lease, or other agreements 

to drill new or uncap existing wells to maximize the 

recovery of crude helium from the Federal Helium System; 

and 

‘‘(E) any other scheduled or unscheduled maintenance 

of the Federal Helium System. 

‘‘(2) EXCESS FUNDS.—Amounts in the Helium Production 

Fund in excess of amounts the Secretary determines to be 

necessary to carry out paragraph (1) shall be paid to the general 

fund of the Treasury and used to reduce the annual Federal 

budget deficit. 

‘‘(3) RETIREMENT OF PUBLIC DEBT.—Out of amounts paid 

to the general fund of the Treasury under paragraph (2), the 

Secretary of the Treasury shall use $51,000,000 to retire public 

debt. 

‘‘(4) REPORT.—Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013 and annually 

thereafter, the Secretary of the Interior shall submit to the 

Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of the House of Representatives a report describing all expenditures by the Bureau 

of Land Management to carry out this Act. 

‘‘(f) MINIMUM QUANTITY.—The Secretary shall offer for sale 

or auction during each fiscal year under subsections (a), (b), and 

(c) a quantity of crude helium that is the lesser of— 

‘‘(1) the quantity of crude helium offered for sale by the 

Secretary during fiscal year 2012; or 

‘‘(2) the maximum total production capacity of the Federal 

Helium System.’’. 

SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, AND STRATEGY. 

The Helium Act (50 U.S.C. 167 et seq.) is amended— 

(1) by repealing section 15 (50 U.S.C. 167m); 

(2) by redesignating section 17 (50 U.S.C. 167 note) as 

section 20; and 

Repeal. 

Determination. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 541 

(3) by inserting after section 14 (50 U.S.C. 167l) the following: 

‘‘SEC. 15. INFORMATION. 

‘‘(a) TRANSPARENCY.—The Secretary, acting through the Bureau 

of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes— 

‘‘(1) continued publication of an open market and in-kind 

price; 

‘‘(2) aggregated projections of excess refining capacity; 

‘‘(3) ownership of helium held in the Federal Helium 

Reserve; 

‘‘(4) the volume of helium delivered to persons through 

the Federal Helium Pipeline; 

‘‘(5) pressure constraints of the Federal Helium Pipeline; 

‘‘(6) an estimate of the projected date when 3,000,000,000 

standard cubic feet of crude helium will remain in the Federal 

Helium Reserve and the final phase described in section 6(c) 

will begin; 

‘‘(7) the amount of the fees charged under section 5; 

‘‘(8) the scheduling of crude helium deliveries through the 

Federal Helium Pipeline; and 

‘‘(9) other factors that will increase transparency. 

‘‘(b) REPORTING.—Not later than 90 days after the date of 

enactment of the Helium Stewardship Act of 2013, to provide the 

market with appropriate and timely information affecting the 

helium resource, the Director of the Bureau of Land Management 

shall establish a timely and public reporting process to provide 

data that affects the helium industry, including— 

‘‘(1) annual maintenance schedules and quarterly updates, 

that shall include— 

‘‘(A) the date and duration of planned shutdowns of 

the Federal Helium Pipeline; 

‘‘(B) the nature of work to be undertaken on the Federal 

Helium System, whether routine, extended, or extraordinary; 

‘‘(C) the anticipated impact of the work on the helium 

supply; 

‘‘(D) the efforts being made to minimize any impact 

on the supply chain; and 

‘‘(E) any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline 

or deviation from normal operation of the pipeline; 

‘‘(2) for each unplanned outage, a description of— 

‘‘(A) the beginning of the outage; 

‘‘(B) the expected duration of the outage; 

‘‘(C) the nature of the problem; 

‘‘(D) the estimated impact on helium supply; 

‘‘(E) a plan to correct problems, including an estimate 

of the potential timeframe for correction and the likelihood 

of plan success within the timeframe; 

‘‘(F) efforts to minimize negative impacts on the helium 

supply chain; and 

‘‘(G) updates on repair status and the anticipated 

online date; 

‘‘(3) monthly summaries of meetings and communications 

between the Bureau of Land Management and the Cliffside 

50 USC 167m. 


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127 STAT. 542 PUBLIC LAW 113–40—OCT. 2, 2013 

Refiners Limited Partnership, including a list of participants 

and an indication of any actions taken as a result of the 

meetings or communications; and 

‘‘(4) current predictions of the lifespan of the Federal 

Helium System, including how much longer the crude helium 

supply will be available based on current and forecasted 

demand and the projected maximum production capacity of 

the Federal Helium System for the following fiscal year. 

‘‘SEC. 16. HELIUM GAS RESOURCE ASSESSMENT. 

‘‘(a) IN GENERAL.—Not later than 2 years after the date of 

enactment of the Helium Stewardship Act of 2013, the Secretary, 

acting through the Director of the United States Geological Survey, 

shall— 

‘‘(1) in coordination with appropriate heads of State 

geological surveys— 

‘‘(A) complete a national helium gas assessment that 

identifies and quantifies the quantity of helium, including 

the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium 

resource, such as carbon dioxide, nitrogen, and natural 

gas; and 

‘‘(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome 

Reservoir; 

‘‘(2) in coordination with appropriate international agencies 

and the global geology community, complete a global helium 

gas assessment that identifies and quantifies the quantity of 

the helium, including the isotope helium-3, in each reservoir; 

‘‘(3) in coordination with the Secretary of Energy, acting 

through the Administrator of the Energy Information Administration, complete— 

‘‘(A) an assessment of trends in global demand for 

helium, including the isotope helium-3; 

‘‘(B) a 10-year forecast of domestic demand for helium 

across all sectors, including scientific and medical research, 

commercial, manufacturing, space technologies, cryogenics, 

and national defense; and 

‘‘(C) an inventory of medical, scientific, industrial, 

commercial, and other uses of helium in the United States, 

including Federal uses, that identifies the nature of the 

helium use, the amounts required, the technical and 

commercial viability of helium recapture and recycling in 

that use, and the availability of material substitutes wherever possible; and 

‘‘(4) submit to the Committee on Energy and Natural 

Resources of the Senate and the Committee on Natural 

Resources of the House of Representatives a report describing 

the results of the assessments required under this paragraph. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,000,000. 

‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION. 

‘‘(a) AUTHORIZATION.—The Secretary of Energy shall support 

programs of research, development, commercial application, and 

conservation (including the programs described in subsection (b))— 

‘‘(1) to expand the domestic production of low-Btu gas and 

helium resources; 

50 USC 167o. 

Reports. 

Deadline. 

50 USC 167n. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 543 

‘‘(2) to separate and capture helium from natural gas 

streams; and 

‘‘(3) to reduce the venting of helium and helium-bearing 

low-Btu gas during natural gas exploration and production. 

‘‘(b) PROGRAMS.— ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.—The Secretary of 

Energy, in consultation with other appropriate agencies, shall 

support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu 

gases, including technologies that remove helium and other 

constituent gases that lower the Btu content of natural gas. 

‘‘(2) HELIUM SEPARATION TECHNOLOGY.—The Secretary of 

Energy shall support a research program to develop technologies for separating, gathering, and processing helium in 

low concentrations that occur naturally in geological reservoirs 

or formations, including— 

‘‘(A) low-Btu gas production streams; and 

‘‘(B) technologies that minimize the atmospheric 

venting of helium gas during natural gas production. 

‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The Secretary of 

Energy, working through the Advanced Manufacturing Office 

of the Department of Energy, shall carry out a research program— 

‘‘(A) to develop low-cost technologies and technology 

systems for recycling, reprocessing, and reusing helium 

for all medical, scientific, industrial, commercial, aerospace, 

and other uses of helium in the United States, including 

Federal uses; and 

‘‘(B) to develop industrial gathering technologies to 

capture helium from other chemical processing, including 

ammonia processing. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $3,000,000. 

‘‘SEC. 18. HELIUM-3 SEPARATION. 

‘‘(a) INTERAGENCY COOPERATION.—The Secretary shall 

cooperate with the Secretary of Energy, or a designee, on any 

assessment or research relating to the extraction and refining of 

the isotope helium-3 from crude helium and other potential sources, 

including— 

‘‘(1) gas analysis; and 

‘‘(2) infrastructure studies. 

‘‘(b) FEASIBILITY STUDY.—The Secretary, in consultation with 

the Secretary of Energy, or a designee, may carry out a study 

to assess the feasibility of— 

‘‘(1) establishing a facility to separate the isotope helium3 from crude helium; and 

‘‘(2) exploring other potential sources of the isotope helium3. 

‘‘(c) REPORT.—Not later than 1 year after the date of enactment 

of the Helium Stewardship Act of 2013, the Secretary shall submit 

to the Committee on Energy and Natural Resources of the Senate 

and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the 

assessments conducted under this section. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,000,000. 

50 USC 167p. 


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127 STAT. 544 PUBLIC LAW 113–40—OCT. 2, 2013 

‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY. 

‘‘In anticipation of the implementation of Phase D described 

in section 6(d), and not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013, the Secretary (in 

consultation with the Secretary of Energy, the Secretary of Defense, 

the Director of the National Science Foundation, the Administrator 

of the National Aeronautics and Space Administration, the Director 

of the National Institutes of Health, and other agencies as appropriate) shall submit to Congress a report that provides for Federal 

users— 

‘‘(1) an assessment of the consumption of, and projected 

demand for, crude and refined helium; 

‘‘(2) a description of a 20-year Federal strategy for securing 

access to helium; 

‘‘(3) a determination of a date prior to September 30, 2021, 

for the implementation of Phase D as described in section 

6(d) that minimizes any potential supply disruptions for Federal 

users; 

‘‘(4) an assessment of the effects of increases in the price 

of refined helium and methods and policies for mitigating any 

determined effects; and 

‘‘(5) a description of a process for prioritization of uses 

that accounts for diminished availability of helium supplies 

that may occur over time.’’. 

SEC. 7. CONFORMING AMENDMENTS. 

(a) Section 4 of the Helium Act (50 U.S.C. 167b) is amended 

by striking ‘‘section 6(f)’’ each place it appears in subsections (c)(3), 

(c)(4), and (d)(2) and inserting ‘‘section 6(e)’’. 

(b) Section 8 of the Helium Act (50 U.S.C. 167f) is repealed. 

SEC. 8. EXISTING AGREEMENTS. 

(a) IN GENERAL.—This Act and the amendments made by this 

Act shall not affect or diminish the rights and obligations of the 

Secretary of the Interior and private parties under agreements 

in existence on the date of enactment of this Act, except to the 

extent that the agreements are renewed or extended after that 

date. 

(b) DELIVERY.—No agreement described in subsection (a) shall 

affect or diminish the right of any party that purchases helium 

after the date of enactment of this Act in accordance with section 

6 of the Helium Act (50 U.S.C. 167d) (as amended by section 

5) to receive delivery of the helium in accordance with section 

5(e)(2) of the Helium Act (50 U.S.C. 167c(e)(2)) (as amended by 

section 4). 

SEC. 9. REGULATIONS. 

The Secretary of the Interior shall promulgate such regulations 

as are necessary to carry out this Act and the amendments made 

by this Act, including regulations necessary to prevent unfair acts 

and practices. 

SEC. 10. AMENDMENTS TO OTHER LAWS. 

(a) SECURE RURAL SCHOOLS AND COMMUNITY SELF DETERMINATION PROGRAM.— 

(1) SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL LAND.— 

50 USC 167 note. 

50 USC 167 note. 

Repeal. 

Deadline. 

Reports. 

50 USC 167q. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 545 

(A) AVAILABILITY OF PAYMENTS.—Section 101 of the 

Secure Rural Schools and Community Self-Determination 

Act of 2000 (16 U.S.C. 7111) is amended by striking ‘‘2012’’ 

each place it appears and inserting ‘‘2013’’. 

(B) ELECTIONS.—Section 102(b) of the Secure Rural 

Schools and Community Self-Determination Act of 2000 

(16 U.S.C. 7112(b)) is amended— 

(i) in paragraph (1)(A), by striking ‘‘2012’’ and 

inserting ‘‘2013’’; and 

(ii) in paragraph (2)(B), by striking ‘‘2012’’ each 

place it appears and inserting ‘‘2013’’. 

(C) DISTRIBUTION OF PAYMENTS TO ELIGIBLE COUNTIES.—Section 103(d)(2) of the Secure Rural Schools and 

Community Self-Determination Act of 2000 (16 U.S.C. 

7113(d)(2)) is amended by striking ‘‘and 2012’’ and inserting 

‘‘through 2013’’. 

(2) CONTINUATION OF AUTHORITY TO CONDUCT SPECIAL

PROJECTS ON FEDERAL LAND.—Title II of the Secure Rural 

Schools and Community Self-Determination Act of 2000 is 

amended— 

(A) in section 203(a)(1) (16 U.S.C. 7123(a)(1)), by 

striking ‘‘2012’’ and inserting ‘‘2013’’; 

(B) in section 204(e)(3)(B)(iii) (16 U.S.C. 

7124(e)(3)(B)(iii)), by striking ‘‘2012’’ and inserting ‘‘2013’’; 

(C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), by 

striking ‘‘2011’’ each place it appears and inserting ‘‘2012’’; 

(D) in section 207(a) (16 U.S.C. 7127(a)), by striking 

‘‘2012’’ and inserting ‘‘2013’’; and 

(E) in section 208 (16 U.S.C. 7128)— 

(i) in subsection (a), by striking ‘‘2012’’ and 

inserting ‘‘2013’’; and 

(ii) in subsection (b), by striking ‘‘2013’’ and 

inserting ‘‘2014’’. 

(3) CONTINUATION OF AUTHORITY TO RESERVE AND USE

COUNTY FUNDS.—Section 304 of the Secure Rural Schools and 

Community Self-Determination Act of 2000 (16 U.S.C. 7144) 

is amended— 

(A) in subsection (a), by striking ‘‘2012’’ and inserting 

‘‘2013’’; and 

(B) in subsection (b), by striking ‘‘2013’’ and inserting 

‘‘2014’’. 

(4) AUTHORIZATION OF APPROPRIATIONS.—Section 402 of the 

Secure Rural Schools and Community Self-Determination Act 

of 2000 (16 U.S.C. 7152) is amended by striking ‘‘2012’’ and 

inserting ‘‘2013’’. 

(b) ABANDONED WELL REMEDIATION.—Section 349 of the Energy 

Policy Act of 2005 (42 U.S.C. 15907) is amended by adding at 

the end the following: 

‘‘(i) FEDERALLY DRILLED WELLS.—Out of any amounts in the 

Treasury not otherwise appropriated, $10,000,000 for fiscal year 

2014, $36,000,000 for fiscal year 2015, and $4,000,000 for fiscal 

year 2019 shall be made available to the Secretary, without further 

appropriation and to remain available until expended, to remediate, 

reclaim, and close abandoned oil and gas wells on current or former 

National Petroleum Reserve land.’’. 


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127 STAT. 546 PUBLIC LAW 113–40—OCT. 2, 2013 

(c) NATIONAL PARKS MAINTENANCE BACKLOG.—Section 814(g) 

of the Omnibus Parks and Public Lands Management Act of 1996 

(16 U.S.C. 1f) is amended by adding at the end the following: 

‘‘(4) AVAILABLE FUNDS.—Out of any amounts in the 

Treasury not otherwise appropriated, $20,000,000 shall be 

made available to the Secretary of the Interior for fiscal year 

2018, and $30,000,000 shall be made available to the Secretary 

of the Interior for fiscal year 2019, without further appropriation and to remain available until expended, to pay the Federal 

funding share of challenge cost-share agreements for deferred 

maintenance projects and to correct deficiencies in National 

Park Service infrastructure. 

‘‘(5) COST-SHARE REQUIREMENT.—Not less than 50 percent 

of the total cost of project for funds made available under 

paragraph (4) to pay the Federal funding share shall be derived 

from non-Federal sources, including in-kind contribution of 

goods and services fairly valued.’’. 

(d) ABANDONED MINE RECLAMATION FUND.—Section 411(h) of 

the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 

1240a(h)) is amended by adding at the end the following: 

‘‘(6) SUPPLEMENTAL FUNDING.— 

‘‘(A) WAIVER OF LIMITATION.—Notwithstanding paragraph (5), the limitation on the total annual payments 

to a certified State or Indian tribe under this subsection 

shall not apply for fiscal years 2014 and 2015. 

‘‘(B) LIMITATION ON WAIVER.—Notwithstanding 

subparagraph (A), the total annual payment to a certified 

State or Indian tribe under this subsection for fiscal year 

2014 shall not be more than $28,000,000 and for fiscal 

year 2015 shall not be more than $75,000,000. 

‘‘(C) INSUFFICIENT AMOUNTS.—If the total annual payment to a certified State or Indian tribe under paragraphs 

(1) and (2) is limited by subparagraph (B), the Secretary 

shall— 

‘‘(i) give priority to making payments under paragraph (2); and 

‘‘(ii) use any remaining funds to make payments 

under paragraph (1).’’. 

(e) SODA ASH ROYALTIES.—Notwithstanding section 24 of the 

Mineral Leasing Act (30 U.S.C. 262) and the terms of any lease 

under that Act, the royalty rate on the quantity of gross value 

of the output of sodium compounds and related products at the 

point of shipment to market from Federal land in the 2-year period 

beginning on the date of enactment of this Act shall be 4 percent. 

(f) AUTHORIZATION OFFSET.—Section 207(c) of the Energy 

Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is 

amended by inserting before the period at the end the following: 

‘‘, except that the amount authorized to be appropriated to carry 

out this section not appropriated as of the date of enactment of 

30 USC 262 note. 


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PUBLIC LAW 113–40—OCT. 2, 2013 127 STAT. 547 

LEGISLATIVE HISTORY—H.R. 527: 

HOUSE REPORTS: No. 113–42 (Comm. on Natural Resources). 

CONGRESSIONAL RECORD, Vol. 159 (2013): 

Apr. 25, 26, considered and passed House. 

Sept. 19, considered and passed Senate, amended. 

Sept. 25, House concurred in Senate amendment with an amendment pursuant to H. Res. 354. 

Sept. 26, Senate concurred in House amendment. 

Æ 

the Helium Stewardship Act of 2013 shall be reduced by 

$6,000,000’’. 

Approved October 2, 2013. 


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