II 

Calendar No. 190 

113TH CONGRESS 

1ST SESSION S. 1513 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2013 

Mr. WYDEN (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read the first time 

SEPTEMBER 18, 2013 

Read the second time and placed on the calendar 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘High Technology Jobs 

3 Preservation Act of 2013’’. 

4 SEC. 2. DEFINITIONS. 

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

6 amended to read as follows: 

7 ‘‘SEC. 2. DEFINITIONS. 

8 ‘‘In this Act: 

9 ‘‘(1) CLIFFSIDE FIELD.—The term ‘Cliffside 

10 Field’ means the helium storage reservoir in which 

11 the Federal Helium Reserve is stored. 

12 ‘‘(2) FEDERAL HELIUM PIPELINE.—The term 

13 ‘Federal Helium Pipeline’ means the federally owned 

14 pipeline system through which the Federal Helium 

15 Reserve may be transported. 

16 ‘‘(3) FEDERAL HELIUM RESERVE.—The term 

17 ‘Federal Helium Reserve’ means helium reserves 

18 owned by the United States. 

19 ‘‘(4) FEDERAL HELIUM SYSTEM.—The term 

20 ‘Federal Helium System’ means— 

21 ‘‘(A) the Federal Helium Reserve; 

22 ‘‘(B) the Cliffside Field; 

23 ‘‘(C) the Federal Helium Pipeline; and 

24 ‘‘(D) all other infrastructure owned, 

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1 drawal, enrichment, purification, or manage2 ment of helium. 

3 ‘‘(5) FEDERAL USER.—The term ‘Federal user’ 

4 means a Federal agency or extramural holder of one 

5 or more Federal research grants using helium. 

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

7 means a fuel gas with a heating value of less than 

8 250 Btu per standard cubic foot measured as the 

9 higher heating value resulting from the inclusion of 

10 noncombustible gases, including nitrogen, helium, 

11 argon, and carbon dioxide. 

12 ‘‘(7) PERSON.—The term ‘person’ means any 

13 individual, corporation, partnership, firm, associa14 tion, trust, estate, public or private institution, or 

15 State or political subdivision. 

16 ‘‘(8) PRIORITY PIPELINE ACCESS.—The term 

17 ‘priority pipeline access’ means the first priority of 

18 delivery of crude helium under which the Secretary 

19 schedules and ensures the delivery of crude helium 

20 to a helium refinery through the Federal Helium 

21 System. 

22 ‘‘(9) QUALIFIED BIDDER.— 

23 ‘‘(A) IN GENERAL.—The term ‘qualified 

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1 mines is seeking to purchase helium for their 

2 own use, refining, or redelivery to users. 

3 ‘‘(B) EXCLUSION.—The term ‘qualified 

4 bidder’ does not include a person who was pre5 viously determined to be a qualified bidder if 

6 the Secretary determines that the person did 

7 not meet the requirements of a qualified bidder 

8 under this Act. 

9 ‘‘(10) QUALIFYING DOMESTIC HELIUM TRANS10 ACTION.—The term ‘qualifying domestic helium 

11 transaction’ means any agreement entered into or 

12 renegotiated agreement during the preceding 1-year 

13 period in the United States for the purchase or sale 

14 of at least 15,000,000 standard cubic feet of crude 

15 or pure helium to which any holder of a contract 

16 with the Secretary for the acceptance, storage, deliv17 ery, or redelivery of crude helium from the Federal 

18 Helium System is a party. 

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

20 person with the ability to take delivery of crude he21 lium from the Federal Helium Pipeline and refine 

22 the crude helium into pure helium. 

23 ‘‘(12) SECRETARY.—The term ‘Secretary’ 

24 means the Secretary of the Interior.’’. 


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1 SEC. 3. AUTHORITY OF SECRETARY. 

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

3 amended by adding at the end the following: 

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

5 FEDERAL LAND.—All amounts received by the Secretary 

6 from the sale or disposition of helium on Federal land 

7 shall be credited to the Helium Production Fund estab8 lished under section 6(e).’’. 

9 SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. 

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

11 amended to read as follows: 

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

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

14 storage, withdrawal, or transportation services to any per15 son, the Secretary shall impose a fee on the person that 

16 accurately reflects the economic value of those services. 

17 ‘‘(b) MINIMUM FEES.—The fees charged under sub18 section (a) shall be not less than the amount required to 

19 reimburse the Secretary for the full costs of providing 

20 storage, withdrawal, or transportation services, including 

21 capital investments in upgrades and maintenance at the 

22 Federal Helium System. 

23 ‘‘(c) SCHEDULE OF FEES.—Prior to sale or auction 

24 under subsection (a), (b), or (c) of section 6, the Secretary 

25 shall annually publish a standardized schedule of fees that 

26 the Secretary will charge under this section. 


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

2 under this section shall be credited to the Helium Produc3 tion Fund established under section 6(e). 

4 ‘‘(e) STORAGE AND DELIVERY.—In accordance with 

5 this section, the Secretary shall— 

6 ‘‘(1) allow any person or qualified bidder to 

7 which crude helium is sold or auctioned under sec8 tion 6 to store helium in the Federal Helium Re9 serve; and 

10 ‘‘(2) establish a schedule for the transportation 

11 and delivery of helium using the Federal Helium 

12 System that— 

13 ‘‘(A) ensures timely delivery of helium auc14 tioned pursuant to section 6(b)(2); 

15 ‘‘(B) ensures timely delivery of helium ac16 quired from the Secretary from the Federal He17 lium Reserve by means other than an auction 

18 under section 6(b)(2), including nonallocated 

19 sales; and 

20 ‘‘(C) provides priority access to the Fed21 eral Helium Pipeline for in-kind sales for Fed22 eral users. 

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

24 consider any applications for access to the Federal Helium 

25 Pipeline in a manner consistent with the schedule for 


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1 phasing out commercial sales and disposition of assets 

2 pursuant to section 6.’’. 

3 SEC. 5. SALE OF CRUDE HELIUM. 

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

5 amended to read as follows: 

6 ‘‘SEC. 6. SALE OF CRUDE HELIUM. 

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

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

9 crude helium for sale in such quantities, at such 

10 times, at not less than the minimum price estab11 lished under subsection (b)(7), and under such 

12 terms and conditions as the Secretary determines 

13 necessary to carry out this subsection with minimum 

14 market disruption. 

15 ‘‘(2) FEDERAL PURCHASES.—Federal users 

16 may purchase refined helium with priority pipeline 

17 access under this subsection from persons who have 

18 entered into enforceable contracts to purchase an 

19 equivalent quantity of crude helium at the in-kind 

20 price from the Secretary. 

21 ‘‘(3) DURATION.—This subsection applies dur22 ing— 

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

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1 vation Act of 2013 and ending on September 

2 30, 2014; and 

3 ‘‘(B) any period during which the sale of 

4 helium under subsection (b) is delayed or sus5 pended. 

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

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

8 crude helium for sale in quantities not subject to 

9 auction under paragraph (2), after completion of 

10 each auction, at not less than the minimum price es11 tablished under paragraph (7), and under such 

12 terms and conditions as the Secretary determines 

13 necessary— 

14 ‘‘(A) to maximize total recovery of helium 

15 from the Federal Helium Reserve over the long 

16 term; 

17 ‘‘(B) to maximize the total financial return 

18 to the taxpayer; 

19 ‘‘(C) to manage crude helium sales accord20 ing to the ability of the Secretary to extract and 

21 produce helium from the Federal Helium Re22 serve; 

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

24 demand of Federal users in the event of any 

25 disruption to the Federal Helium Reserve; and 


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1 ‘‘(E) to carry out this subsection with min2 imum market disruption. 

3 ‘‘(2) AUCTION QUANTITIES.—For the period de4 scribed in paragraph (4) and consistent with the 

5 conditions described in paragraph (8), the Secretary 

6 shall annually auction to any qualified bidder a 

7 quantity of crude helium in the Federal Helium Re8 serve equal to— 

9 ‘‘(A) for fiscal year 2015, 10 percent of 

10 the total volume of crude helium made available 

11 for that fiscal year; 

12 ‘‘(B) for each of fiscal years 2016 through 

13 2019, a percentage of the total volume of crude 

14 helium that is 15 percentage points greater 

15 than the percentage made available for the pre16 vious fiscal year; and 

17 ‘‘(C) for fiscal year 2020 and each fiscal 

18 year thereafter, 100 percent of the total volume 

19 of crude helium made available for that fiscal 

20 year. 

21 ‘‘(3) FEDERAL PURCHASES.—Federal users 

22 may purchase refined helium with priority pipeline 

23 access under this subsection from persons who have 

24 entered into enforceable contracts to purchase an 


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1 equivalent quantity of crude helium at the in-kind 

2 price from the Secretary. 

3 ‘‘(4) DURATION.—This subsection applies dur4 ing the period— 

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

6 ‘‘(B) ending on the date on which the vol7 ume of recoverable crude helium at the Federal 

8 Helium Reserve (other than privately owned 

9 quantities of crude helium stored temporarily at 

10 the Federal Helium Reserve under section 5 

11 and this section) is 3,000,000,000 standard 

12 cubic feet. 

13 ‘‘(5) SAFETY VALVE.—The Secretary may ad14 just the quantities specified in paragraph (2)— 

15 ‘‘(A) downward, if the Secretary deter16 mines the adjustment necessary— 

17 ‘‘(i) to minimize market disruptions 

18 that pose a threat to the economic well19 being of the United States; and 

20 ‘‘(ii) only after submitting a written 

21 justification of the adjustment to the Com22 mittee on Energy and Natural Resources 

23 of the Senate and the Committee on Nat24 ural Resources of the House of Represent25 atives; or 


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1 ‘‘(B) upward, if the Secretary determines 

2 the adjustment necessary to increase participa3 tion in crude helium auctions or returns to the 

4 taxpayer. 

5 ‘‘(6) AUCTION FORMAT.—The Secretary shall 

6 conduct each auction using a method that maximizes 

7 revenue to the Federal Government. 

8 ‘‘(7) PRICES.—The Secretary shall annually es9 tablish, as applicable, separate sale and minimum 

10 auction prices under subsection (a)(1) and para11 graphs (1) and (2) using, if applicable and in the 

12 following order of priority: 

13 ‘‘(A) The sale price of crude helium in auc14 tions held by the Secretary under paragraph 

15 (2). 

16 ‘‘(B) Price recommendations and 

17 disaggregated data from a qualified, inde18 pendent third party who has no conflict of in19 terest, who shall conduct a confidential survey 

20 of qualifying domestic helium transactions. 

21 ‘‘(C) The volume-weighted average price of 

22 all crude helium and pure helium purchased, 

23 sold, or processed by persons in all qualifying 

24 domestic helium transactions. 


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

2 converting gaseous crude helium into pure he3 lium. 

4 ‘‘(8) TERMS AND CONDITIONS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 require all persons that are parties to a con7 tract with the Secretary for the withdrawal, ac8 ceptance, storage, transportation, delivery, or 

9 redelivery of crude helium to disclose, on a 

10 strictly confidential basis— 

11 ‘‘(i) the volumes and associated prices 

12 in dollars per thousand cubic feet of all 

13 crude and pure helium purchased, sold, or 

14 processed by persons in qualifying domes15 tic helium transactions; 

16 ‘‘(ii) the volumes and associated costs 

17 in dollars per thousand cubic feet of con18 verting crude helium into pure helium; and 

19 ‘‘(iii) refinery capacity and future ca20 pacity estimates. 

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

22 or auction to a refiner under subsection (a)(1) 

23 and paragraphs (1) and (2), effective beginning 

24 90 days after the date of enactment of the High 

25 Technology Jobs Preservation Act of 2013, the 


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1 refiner shall make excess refining capacity of 

2 helium available at commercially reasonable 

3 rates to— 

4 ‘‘(i) any person prevailing in auctions 

5 under paragraph (2); and 

6 ‘‘(ii) any person that has acquired 

7 crude helium from the Secretary from the 

8 Federal Helium Reserve by means other 

9 than an auction under paragraph (2) after 

10 the date of enactment of the High Tech11 nology Jobs Preservation Act of 2013, in12 cluding nonallocated sales. 

13 ‘‘(9) USE OF INFORMATION.—The Secretary 

14 may use the information collected under this Act— 

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

16 and 

17 ‘‘(B) to ensure the recovery of fair value 

18 for the taxpayers of the United States from 

19 sales of crude helium. 

20 ‘‘(10) PROTECTION OF CONFIDENTIALITY.— 

21 The Secretary shall adopt such administrative poli22 cies and procedures as the Secretary considers nec23 essary and reasonable to ensure the confidentiality 

24 of information submitted pursuant to this Act. 


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1 ‘‘(11) FORWARD AUCTIONS.—Effective begin2 ning in fiscal year 2016, the Secretary may conduct 

3 a forward auction once each fiscal year of a quantity 

4 of helium that is equal to up to 10 percent of the 

5 volume of crude helium to be made available at auc6 tion during the following fiscal year if the Secretary 

7 determines that the forward auction will— 

8 ‘‘(A) not cause a disruption in the supply 

9 of helium from the Reserve; 

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

11 ‘‘(C) generate greater returns for tax12 payers; and 

13 ‘‘(D) increase the effectiveness of price dis14 covery. 

15 ‘‘(12) AUCTION FREQUENCY.—Consistent with 

16 the annual volumes established under paragraph (2), 

17 effective beginning in fiscal year 2016, the Secretary 

18 may conduct auctions twice during each fiscal year 

19 if the Secretary determines that the auction fre20 quency will— 

21 ‘‘(A) not cause a disruption in the supply 

22 of helium from the Reserve; 

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

24 ‘‘(C) generate greater returns for tax25 payers; and 


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1 ‘‘(D) increase the effectiveness of price dis2 covery. 

3 ‘‘(c) PHASE C: CONTINUED ACCESS FOR FEDERAL

4 USERS.— 

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

6 crude helium for sale to Federal users in such quan7 tities, at such times, at such prices required to reim8 burse the Secretary for the full costs of the sales, 

9 and under such terms and conditions as the Sec10 retary determines necessary to carry out this sub11 section. 

12 ‘‘(2) FEDERAL PURCHASES.—Federal users 

13 may purchase refined helium with priority pipeline 

14 access under this subsection from persons who have 

15 entered into enforceable contracts to purchase an 

16 equivalent quantity of crude helium at the in-kind 

17 price from the Secretary. 

18 ‘‘(3) EFFECTIVE DATE.—This subsection ap19 plies beginning on the day after the date described 

20 in subsection (b)(4)(B). 

21 ‘‘(d) PHASE D: DISPOSAL OF ASSETS.— 

22 ‘‘(1) IN GENERAL.—Not earlier than 2 years 

23 after the date of commencement of Phase C de24 scribed in subsection (c) and not later than Sep25 tember 30, 2022, the Secretary shall designate as 


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1 excess property and dispose of all facilities, equip2 ment, and other real and personal property, and all 

3 interests in the same, held by the United States in 

4 the Federal Helium System. 

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

6 property described in paragraph (1) shall be in ac7 cordance with subtitle I of title 40, United States 

8 Code. 

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

10 United States by reason of the sale or other disposal 

11 of the property described in paragraph (1) shall be 

12 treated as funds received under this Act for pur13 poses of subsection (e). 

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

15 and disposal (including costs associated with termi16 nation of personnel) and with the cessation of activi17 ties under this subsection shall be paid from 

18 amounts available in the Helium Production Fund 

19 established under subsection (e). 

20 ‘‘(e) HELIUM PRODUCTION FUND.— 

21 ‘‘(1) IN GENERAL.—All amounts received under 

22 this Act, including amounts from the sale or auction 

23 of crude helium, shall be credited to the Helium Pro24 duction Fund, which shall be available without fiscal 

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1 essary and cost effective by the Secretary to carry 

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

3 including capital investments in upgrades and main4 tenance at the Federal Helium System, including— 

5 ‘‘(A) well head maintenance at the Cliff6 side Field; 

7 ‘‘(B) capital investments in maintenance 

8 and upgrades of facilities that pressurize the 

9 Cliffside Field; 

10 ‘‘(C) capital investments in maintenance 

11 and upgrades of equipment related to the stor12 age, withdrawal, transportation, purification, 

13 and sale of crude helium from the Federal He14 lium Reserve; 

15 ‘‘(D) entering into purchase, lease, or 

16 other agreements to drill new or uncap existing 

17 wells to maximize the recovery of crude helium 

18 from the Federal Helium System; and 

19 ‘‘(E) any other scheduled or unscheduled 

20 maintenance of the Federal Helium System. 

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

22 Production Fund in excess of amounts the Secretary 

23 determines to be necessary to carry out paragraph 

24 (1) shall be paid to the general fund of the Treasury 


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1 and used to reduce the annual Federal budget def2 icit. 

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

4 amounts paid to the general fund of the Treasury 

5 under paragraph (2), the Secretary of the Treasury 

6 shall use $51,000,000 to retire public debt. 

7 ‘‘(4) REPORT.—Not later than 1 year after the 

8 date of enactment of the High Technology Jobs 

9 Preservation Act of 2013 and annually thereafter, 

10 the Secretary of the Interior shall submit to the 

11 Committee on Energy and Natural Resources of the 

12 Senate and the Committee on Natural Resources of 

13 the House of Representatives a report describing all 

14 expenditures by the Bureau of Land Management to 

15 carry out this Act. 

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

17 for sale or auction during each fiscal year under sub18 sections (a), (b), and (c) a quantity of crude helium that 

19 is the lesser of — 

20 ‘‘(1) the quantity of crude helium offered for 

21 sale by the Secretary during fiscal year 2012; or 

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

23 the Federal Helium System.’’. 


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

2 STRATEGY. 

3 The Helium Act (50 U.S.C. 167 et seq.) is amend4 ed— 

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

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

7 note) as section 20; and 

8 (3) by inserting after section 14 (50 U.S.C. 

9 167l) the following: 

10 ‘‘SEC. 15. INFORMATION. 

11 ‘‘(a) TRANSPARENCY.—The Secretary, acting 

12 through the Bureau of Land Management, shall make 

13 available on the Internet information relating to the Fed14 eral Helium System that includes— 

15 ‘‘(1) continued publication of an open market 

16 and in-kind price; 

17 ‘‘(2) aggregated projections of excess refining 

18 capacity; 

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

20 Helium Reserve; 

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

22 through the Federal Helium Pipeline; 

23 ‘‘(5) pressure constraints of the Federal Helium 

24 Pipeline; 

25 ‘‘(6) an estimate of the projected date when 

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1 will remain in the Federal Helium Reserve and the 

2 final phase described in section 6(c) will begin; 

3 ‘‘(7) the amount of the fees charged under sec4 tion 5; 

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

6 through the Federal Helium Pipeline; and 

7 ‘‘(9) other factors that will increase trans8 parency. 

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

10 date of enactment of the Helium Stewardship Act of 2013, 

11 to provide the market with appropriate and timely infor12 mation affecting the helium resource, the Director of the 

13 Bureau of Land Management shall establish a timely and 

14 public reporting process to provide data that affects the 

15 helium industry, including— 

16 ‘‘(1) annual maintenance schedules and quar17 terly updates, that shall include— 

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

19 shutdowns of the Federal Helium Pipeline; 

20 ‘‘(B) the nature of work to be undertaken 

21 on the Federal Helium System, whether rou22 tine, extended, or extraordinary; 

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

24 the helium supply; 


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1 ‘‘(D) the efforts being made to minimize 

2 any impact on the supply chain; and 

3 ‘‘(E) any concerns regarding maintenance 

4 of the Federal Helium Pipeline, including the 

5 pressure of the pipeline or deviation from nor6 mal operation of the pipeline; 

7 ‘‘(2) for each unplanned outage, a description 

8 of— 

9 ‘‘(A) the beginning of the outage; 

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

11 ‘‘(C) the nature of the problem; 

12 ‘‘(D) the estimated impact on helium sup13 ply; 

14 ‘‘(E) a plan to correct problems, including 

15 an estimate of the potential timeframe for cor16 rection and the likelihood of plan success within 

17 the timeframe; 

18 ‘‘(F) efforts to minimize negative impacts 

19 on the helium supply chain; and 

20 ‘‘(G) updates on repair status and the an21 ticipated online date; 

22 ‘‘(3) monthly summaries of meetings and com23 munications between the Bureau of Land Manage24 ment and the Cliffside Refiners Limited Partner25 ship, including a list of participants and an indicaVerDate Mar 15 2010 21:59 Sep 18, 2013 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1513.PCS S1513

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1 tion of any actions taken as a result of the meetings 

2 or communications; and 

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

4 Federal Helium System, including how much longer 

5 the crude helium supply will be available based on 

6 current and forecasted demand and the projected 

7 maximum production capacity of the Federal Helium 

8 System for the following fiscal year. 

9 ‘‘SEC. 16. HELIUM GAS RESOURCE ASSESSMENT. 

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

11 date of enactment of the High Technology Jobs Preserva12 tion Act of 2013, the Secretary, acting through the Direc13 tor of the United States Geological Survey, shall— 

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

15 State geological surveys— 

16 ‘‘(A) complete a national helium gas as17 sessment that identifies and quantifies the 

18 quantity of helium, including the isotope he19 lium-3, in each reservoir, including assessments 

20 of the constituent gases found in each helium 

21 resource, such as carbon dioxide, nitrogen, and 

22 natural gas; and 

23 ‘‘(B) make available the modern seismic 

24 and geophysical log data for characterization of 

25 the Bush Dome Reservoir; 


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1 ‘‘(2) in coordination with appropriate inter2 national agencies and the global geology community, 

3 complete a global helium gas assessment that identi4 fies and quantifies the quantity of the helium, in5 cluding the isotope helium-3, in each reservoir; 

6 ‘‘(3) in coordination with the Secretary of En7 ergy, acting through the Administrator of the En8 ergy Information Administration, complete— 

9 ‘‘(A) an assessment of trends in global de10 mand for helium, including the isotope helium11 3; 

12 ‘‘(B) a 10-year forecast of domestic de13 mand for helium across all sectors, including 

14 scientific and medical research, commercial, 

15 manufacturing, space technologies, cryogenics, 

16 and national defense; and 

17 ‘‘(C) an inventory of medical, scientific, in18 dustrial, commercial, and other uses of helium 

19 in the United States, including Federal uses, 

20 that identifies the nature of the helium use, the 

21 amounts required, the technical and commercial 

22 viability of helium recapture and recycling in 

23 that use, and the availability of material sub24 stitutes wherever possible; and 


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

2 Natural Resources of the Senate and the Committee 

3 on Natural Resources of the House of Representa4 tives a report describing the results of the assess5 ments required under this paragraph. 

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $1,000,000. 

9 ‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CON10 SERVATION. 

11 ‘‘(a) AUTHORIZATION.—The Secretary of Energy 

12 shall support programs of research, development, commer13 cial application, and conservation (including the programs 

14 described in subsection (b))— 

15 ‘‘(1) to expand the domestic production of low16 Btu gas and helium resources; 

17 ‘‘(2) to separate and capture helium from nat18 ural gas streams; and 

19 ‘‘(3) to reduce the venting of helium and he20 lium-bearing low-Btu gas during natural gas explo21 ration and production. 

22 ‘‘(b) PROGRAMS.— 

23 ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.— 

24 The Secretary of Energy, in consultation with other 

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1 search program to develop advanced membrane tech2 nology that is used in the separation of low-Btu 

3 gases, including technologies that remove helium and 

4 other constituent gases that lower the Btu content 

5 of natural gas. 

6 ‘‘(2) HELIUM SEPARATION TECHNOLOGY.—The 

7 Secretary of Energy shall support a research pro8 gram to develop technologies for separating, gath9 ering, and processing helium in low concentrations 

10 that occur naturally in geological reservoirs or for11 mations, including— 

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

13 ‘‘(B) technologies that minimize the atmos14 pheric venting of helium gas during natural gas 

15 production. 

16 ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The Sec17 retary of Energy, working through the Advanced 

18 Manufacturing Office of the Department of Energy, 

19 shall carry out a research program— 

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

21 technology systems for recycling, reprocessing, 

22 and reusing helium for all medical, scientific, 

23 industrial, commercial, aerospace, and other 

24 uses of helium in the United States, including 

25 Federal uses; and 


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1 ‘‘(B) to develop industrial gathering tech2 nologies to capture helium from other chemical 

3 processing, including ammonia processing. 

4 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $3,000,000. 

7 ‘‘SEC. 18. HELIUM-3 SEPARATION. 

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

9 shall cooperate with the Secretary of Energy, or a des10 ignee, on any assessment or research relating to the ex11 traction and refining of the isotope helium-3 from crude 

12 helium and other potential sources, including— 

13 ‘‘(1) gas analysis; and 

14 ‘‘(2) infrastructure studies. 

15 ‘‘(b) FEASIBILITY STUDY.—The Secretary, in con16 sultation with the Secretary of Energy, or a designee, may 

17 carry out a study to assess the feasibility of— 

18 ‘‘(1) establishing a facility to separate the iso19 tope helium-3 from crude helium; and 

20 ‘‘(2) exploring other potential sources of the 

21 isotope helium-3. 

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

23 of enactment of the High Technology Jobs Preservation 

24 Act of 2013, the Secretary shall submit to the Committee 

25 on Energy and Natural Resources of the Senate and the 


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1 Committee on Natural Resources of the House of Rep2 resentatives a report that contains a description of the re3 sults of the assessments conducted under this section. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $1,000,000. 

7 ‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRAT8 EGY. 

9 ‘‘In anticipation of the implementation of Phase D 

10 described in section 6(d), and not later than 2 years after 

11 the date of enactment of the High Technology Jobs Pres12 ervation Act of 2013, the Secretary (in consultation with 

13 the Secretary of Energy, the Secretary of Defense, the Di14 rector of the National Science Foundation, the Adminis15 trator of the National Aeronautics and Space Administra16 tion, and the Director of the National Institutes of 

17 Health) shall submit to Congress a report that provides 

18 for Federal users— 

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

20 projected demand for, crude and refined helium; 

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

22 for securing access to helium; 

23 ‘‘(3) a determination of a date prior to Sep24 tember 30, 2022, for the implementation of Phase D 


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1 as described in section 6(d) that minimizes any po2 tential supply disruptions for Federal users; 

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

4 the price of refined helium and methods and policies 

5 for mitigating any determined effects; and 

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

7 of uses that accounts for diminished availability of 

8 helium supplies that may occur over time.’’. 

9 SEC. 7. CONFORMING AMENDMENTS. 

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

11 is amended by striking ‘‘section 6(f)’’ each place it appears 

12 in subsections (c)(3), (c)(4), and (d)(2) and inserting 

13 ‘‘section 6(d)’’. 

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

15 is repealed. 

16 SEC. 8. EXISTING AGREEMENTS. 

17 (a) IN GENERAL.—This Act and the amendments 

18 made by this Act shall not affect or diminish the rights 

19 and obligations of the Secretary of the Interior and private 

20 parties under agreements in existence on the date of en21 actment of this Act, except to the extent that the agree22 ments are renewed or extended after that date. 

23 (b) DELIVERY.—No agreement described in sub24 section (a) shall affect or diminish the right of any party 

25 that purchases helium after the date of enactment of this 


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1 Act in accordance with section 6 of the Helium Act (50 

2 U.S.C. 167d) (as amended by section 5) to receive delivery 

3 of the helium in accordance with section 5(e)(2) of the 

4 Helium Act (50 U.S.C. 167c(e)(2)) (as amended by sec5 tion 4). 

6 SEC. 9. REGULATIONS. 

7 The Secretary of the Interior shall promulgate such 

8 regulations as are necessary to carry out this Act and the 

9 amendments made by this Act, including regulations nec10 essary to prevent unfair acts and practices. 

11 SEC. 10. AMENDMENTS TO OTHER LAWS. 

12 (a) SECURE RURAL SCHOOLS AND COMMUNITY SELF

13 DETERMINATION PROGRAM.— 

14 (1) SECURE PAYMENTS FOR STATES AND COUN15 TIES CONTAINING FEDERAL LAND.— 

16 (A) AVAILABILITY OF PAYMENTS.—Section 

17 101 of the Secure Rural Schools and Commu18 nity Self-Determination Act of 2000 (16 U.S.C. 

19 7111) is amended by striking ‘‘2012’’ each 

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

21 (B) ELECTIONS.—Section 102(b) of the 

22 Secure Rural Schools and Community Self-De23 termination Act of 2000 (16 U.S.C. 7112(b)) is 

24 amended— 


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1 (i) in paragraph (1)(A), by striking 

2 ‘‘2012’’ and inserting ‘‘2013’’; and 

3 (ii) in paragraph (2)(B), by striking 

4 ‘‘2012’’ each place it appears and inserting 

5 ‘‘2013’’. 

6 (C) DISTRIBUTION OF PAYMENTS TO ELI7 GIBLE COUNTIES.—Section 103(d)(2) of the Se8 cure Rural Schools and Community Self-Deter9 mination Act of 2000 (16 U.S.C. 7113(d)(2)) is 

10 amended by striking ‘‘and 2012’’ and inserting 

11 ‘‘through 2013’’. 

12 (2) CONTINUATION OF AUTHORITY TO CON13 DUCT SPECIAL PROJECTS ON FEDERAL LAND.—Title 

14 II of the Secure Rural Schools and Community Self15 Determination Act of 2000 is amended— 

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

17 7123(a)(1)), by striking ‘‘2012’’ and inserting 

18 ‘‘2013’’; 

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

20 7124(e)(3)(B)(iii)), by striking ‘‘2012’’ and in21 serting ‘‘2013’’; 

22 (C) in section 205(a)(4) (16 U.S.C. 

23 7125(a)(4)), by striking ‘‘2011’’ each place it 

24 appears and inserting ‘‘2012’’; 


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

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

3 (E) in section 208 (16 U.S.C. 7128)— 

4 (i) in subsection (a), by striking 

5 ‘‘2012’’ and inserting ‘‘2013’’; and 

6 (ii) in subsection (b), by striking 

7 ‘‘2013’’ and inserting ‘‘2014’’. 

8 (3) CONTINUATION OF AUTHORITY TO RESERVE

9 AND USE COUNTY FUNDS.—Section 304 of the Se10 cure Rural Schools and Community Self-Determina11 tion Act of 2000 (16 U.S.C. 7144) is amended— 

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

13 and inserting ‘‘2013’’ ; and 

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

15 and inserting ‘‘2014’’. 

16 (4) AUTHORIZATION OF APPROPRIATIONS.— 

17 Section 402 of the Secure Rural Schools and Com18 munity Self-Determination Act of 2000 (16 U.S.C. 

19 7152) is amended by striking ‘‘2012’’ and inserting 

20 ‘‘2013’’. 

21 (b) ABANDONED WELL REMEDIATION.—Section 349 

22 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is 

23 amended by adding at the end the following: 

24 ‘‘(i) FEDERALLY DRILLED WELLS.—Out of any 

25 amounts in the Treasury not otherwise appropriated, 


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1 $46,000,000 for fiscal year 2014 and $4,000,000 for fiscal 

2 year 2018 shall be made available to the Secretary, with3 out further appropriation and to remain available until ex4 pended, to remediate, reclaim, and close abandoned oil and 

5 gas wells on current or former National Petroleum Re6 serve land.’’. 

7 (c) NATIONAL PARKS MAINTENANCE BACKLOG.— 

8 Section 814(g) of the Omnibus Parks and Public Lands 

9 Management Act of 1996 (16 U.S.C. 1f) is amended by 

10 adding at the end the following: 

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

12 in the Treasury not otherwise appropriated, 

13 $50,000,000 shall be made available to the Sec14 retary of the Interior for fiscal year 2018, without 

15 further appropriation and to remain available until 

16 expended, to pay the Federal funding share of chal17 lenge cost-share agreements for deferred mainte18 nance projects and to correct deficiencies in National 

19 Park Service infrastructure. 

20 ‘‘(5) COST-SHARE REQUIREMENT.—Not less 

21 than 50 percent of the total cost of project for funds 

22 made available under paragraph (4) to pay the Fed23 eral funding share shall be derived from non-Federal 

24 sources, including in-kind contribution of goods and 

25 services fairly valued.’’. 


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1 (d) ABANDONED MINE RECLAMATION FUND.—Sec2 tion 411(h) of the Surface Mining Control and Reclama3 tion Act of 1977 (30 U.S.C. 1240a(h)) is amended by add4 ing at the end the following: 

5 ‘‘(6) SUPPLEMENTAL FUNDING.— 

6 ‘‘(A) WAIVER OF LIMITATION.—Notwith7 standing paragraph (5), the limitation on the 

8 total annual payments to a certified State or 

9 Indian tribe under this subsection shall not 

10 apply for fiscal year 2014. 

11 ‘‘(B) LIMITATION ON WAIVER.—Notwith12 standing subparagraph (A), the total annual 

13 payment to a certified State or Indian tribe 

14 under this subsection for fiscal year 2014 shall 

15 not be more than $75,000,000. 

16 ‘‘(C) INSUFFICIENT AMOUNTS.—If the 

17 total annual payment to a certified State or In18 dian tribe under paragraphs (1) and (2) is lim19 ited by subparagraph (B), the Secretary shall— 

20 ‘‘(i) give priority to making payments 

21 under paragraph (2); and 

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

23 payments under paragraph (1).’’. 

24 (e) SODA ASH ROYALTIES.—Notwithstanding section 

25 24 of the Mineral Leasing Act (30 U.S.C. 262) and the 


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1 terms of any lease under that Act, the royalty rate on the 

2 quantity of gross value of the output of sodium compounds 

3 and related products at the point of shipment to market 

4 from Federal land in the 2-year period beginning on the 

5 date of enactment of this Act shall be 4 percent. 

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

7 Energy Independence and Security Act of 2007 (42 

8 U.S.C. 17022(c)) is amended by inserting before the pe9 riod at the end the following: ‘‘, except that the amount 

10 authorized to be appropriated to carry out this section not 

11 appropriated as of the date of enactment of the Helium 

12 Stewardship Act of 2013 shall be reduced by $6,000,000’’. 


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Calendar No. 190 

113TH CONGRESS 

1ST SESSION S. 1513 

A BILL 

To amend the Helium Act to complete the privatof American taxpayers, and for other purposes. the helium markets while protecting the interests petitive market fashion that ensures stability in ization of the Federal helium reserve in a comSEPTEMBER 18, 2013 

Read the second time and placed on the calendar 


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