II 

Calendar No. 152 

113TH CONGRESS 

1ST SESSION S. 783 

[Report No. 113–83] 

To amend the Helium Act to improve helium stewardship, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2013 

Mr. WYDEN (for himself, Ms. MURKOWSKI, Mr. KING, Mr. SCHUMER, Mr. 

BLUMENTHAL, Mr. FLAKE, Mr. RISCH, Mr. HEINRICH, Mr. CRAPO, Mr. 

MERKLEY, Mr. CASEY, Mr. WHITEHOUSE, Mrs. GILLIBRAND, and Mr. 

TESTER) introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

JULY 29, 2013 

Reported by Mr. WYDEN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Helium Act to improve helium stewardship, 

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 ‘‘Helium Stewardship 

3 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 retary for the storage, transportation, with2 drawal, purification, or management 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 20,000,000 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(d).’’. 

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. 

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

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

23 shall annually publish a standardized schedule of fees that 

24 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(d). 

4 ‘‘(e) NEW STORAGE.—In accordance with this sec5 tion, the Secretary shall allow any person or qualified bid6 der to which crude helium is sold or auctioned under sec7 tion 6 to store that helium in the Federal Helium Re8 serve.’’. 

9 SEC. 5. SALE OF CRUDE HELIUM. 

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

11 amended to read as follows: 

12 ‘‘SEC. 6. SALE OF CRUDE HELIUM. 

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

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

15 crude helium for sale in such quantities, at such 

16 times, at not less than the minimum price estab17 lished under subsection (b)(7), and under such 

18 terms and conditions as the Secretary determines 

19 necessary to carry out this subsection with minimum 

20 market disruption. 

21 ‘‘(2) 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 from the Sec2 retary. 

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

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

6 the Helium Stewardship Act of 2013; and 

7 ‘‘(B) ending on September 30, 2014. 

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

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

10 crude helium for sale in quantities not subject to 

11 auction under paragraph (2), at such times, at not 

12 less than the minimum price established under para13 graph (7), and under such terms and conditions as 

14 the Secretary determines necessary— 

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

16 from the Federal Helium Reserve over the long 

17 term; 

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

19 to the taxpayer; 

20 ‘‘(C) to manage crude helium sales accord21 ing to the ability of the Secretary to extract and 

22 produce helium from the Federal Helium Re23 serve; 


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

2 demand of Federal users in the event of any 

3 disruption to the Federal Helium Reserve; and 

4 ‘‘(E) to carry out this subsection with min5 imum market disruption. 

6 ‘‘(2) AUCTION QUANTITIES.—For the period de7 scribed in paragraph (4) and consistent with the 

8 conditions described in paragraph (8), the Secretary 

9 shall annually auction to any qualified bidder a 

10 quantity of crude helium in the Federal Helium Re11 serve equal to— 

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

13 the total volume of crude helium made available 

14 for that fiscal year; and 

15 ‘‘(B) for each subsequent fiscal year, a 

16 percentage of the total volume of crude helium 

17 that is 10 percentage points greater than the 

18 percentage available for the previous fiscal year, 

19 but not to exceed 100 percent. 

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

21 may purchase refined helium-with priority pipeline 

22 access and at the in-kind price under this subsection 

23 from persons who have entered into enforceable con24 tracts to purchase an equivalent quantity of crude 

25 helium from the Secretary. 


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1 ‘‘(4) DURATION.—This subsection applies dur2 ing the period— 

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

4 ‘‘(B) ending on the date on which the vol5 ume of recoverable crude helium at the Federal 

6 Helium Reserve (other than privately owned 

7 quantities of crude helium stored temporarily at 

8 the Federal Helium Reserve under section 5 

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

10 cubic feet. 

11 ‘‘(5) SAFETY VALVE.—The Secretary may ad12 just the quantities specified in paragraph (2)— 

13 ‘‘(A) downward, if the Secretary deter14 mines the adjustment necessary— 

15 ‘‘(i) to minimize market disruptions 

16 that pose a threat to the economic well17 being of the United States; and 

18 ‘‘(ii) only after submitting a written 

19 justification of the adjustment to the Com20 mittee on Energy and Natural Resources 

21 of the Senate and the Committee on Nat22 ural Resources of the House of Represent23 atives; or 

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

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1 tion in crude helium auctions or returns to the 

2 taxpayer. 

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

4 conduct each auction using a method that maximizes 

5 revenue to the Federal Government. 

6 ‘‘(7) PRICES.—The Secretary shall annually es7 tablish, as applicable, sale and minimum auction 

8 prices under subsection (a)(1) and paragraphs (1) 

9 and (2) using, if applicable and in the following 

10 order of priority: 

11 ‘‘(A) The sale price of crude helium in auc12 tions held by the Secretary under paragraph 

13 (2). 

14 ‘‘(B) Price recommendations and 

15 disaggregated data from a qualified, inde16 pendent third party who has no conflict of in17 terest, who shall conduct a confidential survey 

18 of qualifying domestic helium transactions. 

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

20 all crude helium and pure helium purchased, 

21 sold, or processed by persons in all qualifying 

22 domestic helium transactions. 

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

24 converting gaseous crude helium into pure he25 lium. 


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1 ‘‘(8) TERMS AND CONDITIONS.— 

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

3 require all persons that are parties to a con4 tract with the Secretary for the withdrawal, ac5 ceptance, storage, transportation, delivery, or 

6 redelivery of crude helium to disclose, on a 

7 strictly confidential basis— 

8 ‘‘(i) the volumes and associated prices 

9 in dollars per thousand cubic feet of all 

10 crude and pure helium purchased, sold, or 

11 processed by persons in qualifying domes12 tic helium transactions; 

13 ‘‘(ii) the volumes and associated costs 

14 in dollars per thousand cubic feet of con15 verting crude helium into pure helium; and 

16 ‘‘(iii) refinery capacity and future ca17 pacity estimates. 

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

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

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

21 90 days after the date of enactment of the He22 lium Stewardship Act of 2013, the refiner shall 

23 make excess refining capacity of helium avail24 able at commercially reasonable rates to— 


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1 ‘‘(i) any person prevailing in auctions 

2 under paragraph (2); and 

3 ‘‘(ii) any person that has acquired 

4 crude helium from the Secretary from the 

5 Federal Helium Reserve by means other 

6 than an auction under paragraph (2) after 

7 the date of enactment of the Helium Stew8 ardship Act of 2013. 

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

10 may use the information collected under this Act— 

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

12 and 

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

14 for the taxpayers of the United States from 

15 sales of crude helium. 

16 ‘‘(10) PROTECTION OF CONFIDENTIALITY.— 

17 The Secretary shall adopt such administrative poli18 cies and procedures as the Secretary considers nec19 essary and reasonable to ensure the confidentiality 

20 of information submitted pursuant to this Act. 

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

22 USERS.— 

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

24 crude helium for sale to Federal users in such quan25 tities, at such times, at not less than the minimum 


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1 price established under subsection (b)(7), and under 

2 such terms and conditions as the Secretary deter3 mines necessary to carry out this subsection. 

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

5 may purchase refined helium with priority pipeline 

6 access under this subsection from persons who have 

7 entered into enforceable contracts to purchase an 

8 equivalent quantity of crude helium from the Sec9 retary. 

10 ‘‘(3) EFFECTIVE DATE.—This subsection ap11 plies beginning on the day after the date described 

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

13 ‘‘(d) HELIUM PRODUCTION FUND.— 

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

15 this Act, including amounts from the sale or auction 

16 of crude helium, shall be credited to the Helium Pro17 duction Fund, which shall be available without fiscal 

18 year limitation for purposes considered necessary by 

19 the Secretary to carry out this Act (other than sec20 tions 16, 17, and 18), including capital investments 

21 in upgrades and maintenance at the Federal Helium 

22 System, including— 

23 ‘‘(A) well head maintenance at the Cliff24 side Field; 


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1 ‘‘(B) capital investments in maintenance 

2 and upgrades of facilities that pressurize the 

3 Cliffside Field; 

4 ‘‘(C) capital investments in maintenance 

5 and upgrades of equipment related to the stor6 age, withdrawal, transportation, purification, 

7 and sale of crude helium from the Federal He8 lium Reserve; 

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

10 other agreements to drill new or uncap existing 

11 wells to maximize the recovery of crude helium 

12 from the Federal Helium System if the Sec13 retary determines the actions to be cost-effec14 tive; and 

15 ‘‘(E) any other scheduled or unscheduled 

16 maintenance of the Federal Helium System. 

17 ‘‘(2) EXCESS FUNDS.—Any amounts in the He18 lium Production Fund described in paragraph (1) 

19 that exceed the amounts that the Secretary deter20 mines to be necessary to carry out paragraph (1) 

21 shall be deposited in the general fund of the Treas22 ury. 

23 ‘‘(e) MINIMUM QUANTITY.—The Secretary shall offer 

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1 sections (a), (b), and (c) a quantity of crude helium that 

2 is the lesser of — 

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

4 sale by the Secretary during fiscal year 2012; and 

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

6 the Federal Helium System. 

7 ‘‘(f) MAINTENANCE OF HELIUM SUPPLY.—The Sec8 retary shall minimize disruption in the supply of helium 

9 from the Federal Helium System during the transition be10 tween phases of helium sales under subsections (a), (b), 

11 and (c).’’. 

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

13 STRATEGY. 

14 The Helium Act (50 U.S.C. 167 et seq.) is amend15 ed— 

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

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

18 note) as section 20; and 

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

20 167l) the following: 

21 ‘‘SEC. 15. INFORMATION. 

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

23 through the Bureau of Land Management, shall make 

24 available on the Internet information relating to the Fed25 eral Helium System that includes— 


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

2 and in-kind price; 

3 ‘‘(2) aggregated projections of excess refining 

4 capacity; 

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

6 Helium Reserve; 

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

8 through the Federal Helium Pipeline; 

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

10 Pipeline; 

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

12 3,000,000,000 standard cubic feet of crude helium 

13 will remain in the Federal Helium Reserve and the 

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

15 ‘‘(7) the amount of the fees charged under sec16 tion 5; 

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

18 through the Federal Helium Pipeline; and 

19 ‘‘(9) other factors that will increase trans20 parency. 

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

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

23 to provide the market with appropriate and timely infor24 mation affecting the helium resource, the Director of the 

25 Bureau of Land Management shall establish a timely and 


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1 public reporting process to provide data that affects the 

2 helium industry, including— 

3 ‘‘(1) annual maintenance schedules and quar4 terly updates, that shall include— 

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

6 shutdowns of the Federal Helium Pipeline; 

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

8 on the Federal Helium System, whether rou9 tine, extended, or extraordinary; 

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

11 the helium supply; 

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

13 any impact on the supply chain; and 

14 ‘‘(E) any concerns regarding maintenance 

15 of the Federal Helium Pipeline, including the 

16 pressure of the pipeline or deviation from nor17 mal operation of the pipeline; 

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

19 of— 

20 ‘‘(A) the beginning of the outage; 

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

22 ‘‘(C) the nature of the problem; 

23 ‘‘(D) the estimated impact on helium sup24 ply; 


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

2 an estimate of the potential timeframe for cor3 rection and the likelihood of plan success within 

4 the timeframe; 

5 ‘‘(F) efforts to minimize negative impacts 

6 on the helium supply chain; and 

7 ‘‘(G) updates on repair status and the an8 ticipated online date; 

9 ‘‘(3) monthly summaries of meetings and com10 munications between the Bureau of Land Manage11 ment and the Cliffside Refiners Limited Partner12 ship, including a list of participants and an indica13 tion of any actions taken as a result of the meetings 

14 or communications; and 

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

16 Federal Helium System, including how much longer 

17 the crude helium supply will be available based on 

18 current and forecasted demand and the projected 

19 maximum production capacity of the Federal Helium 

20 System for the following fiscal year. 

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

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

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

24 the Secretary, acting through the Director of the United 

25 States Geological Survey, shall— 


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

2 State geological surveys— 

3 ‘‘(A) complete a national helium gas as4 sessment that identifies and quantifies the 

5 quantity of helium, including the isotope he6 lium-3, in each reservoir, including assessments 

7 of the constituent gases found in each helium 

8 resource, such as carbon dioxide, nitrogen, and 

9 natural gas; and 

10 ‘‘(B) make available the modern seismic 

11 and geophysical log data for characterization of 

12 the Bush Dome Reservoir; 

13 ‘‘(2) in coordination with appropriate inter14 national agencies and the global geology community, 

15 complete a global helium gas assessment that identi16 fies and quantifies the quantity of the helium, in17 cluding the isotope helium-3, in each reservoir; 

18 ‘‘(3) in coordination with the Secretary of En19 ergy, acting through the Administrator of the En20 ergy Information Administration, complete— 

21 ‘‘(A) an assessment of trends in global de22 mand for helium, including the isotope helium23 3; 

24 ‘‘(B) a 10-year forecast of domestic de25 mand for helium across all sectors, including 


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1 scientific and medical research, commercial, 

2 manufacturing, space technologies, cryogenics, 

3 and national defense; and 

4 ‘‘(C) an inventory of medical, scientific, in5 dustrial, commercial, and other uses of helium 

6 in the United States, including Federal uses, 

7 that identifies the nature of the helium use, the 

8 amounts required, the technical and commercial 

9 viability of helium recapture and recycling in 

10 that use, and the availability of material sub11 stitutes wherever possible; and 

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

13 Natural Resources of the Senate and the Committee 

14 on Natural Resources of the House of Representa15 tives a report describing the results of the assess16 ments required under this paragraph. 

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

18 is authorized to be appropriated to carry out this section 

19 such sums as are necessary. 

20 ‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CON21 SERVATION. 

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

23 shall support programs of research, development, commer24 cial application, and conservation (including the programs 

25 described in subsection (b))— 


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1 ‘‘(1) to expand the domestic production of low2 Btu gas and helium resources; 

3 ‘‘(2) to separate and capture helium from nat4 ural gas streams; and 

5 ‘‘(3) to reduce the venting of helium and he6 lium-bearing low-Btu gas during natural gas explo7 ration and production. 

8 ‘‘(b) PROGRAMS.— 

9 ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.— 

10 The Secretary of Energy, in consultation with other 

11 appropriate agencies, shall support a civilian re12 search program to develop advanced membrane tech13 nology that is used in the separation of low-Btu 

14 gases, including technologies that remove helium and 

15 other constituent gases that lower the Btu content 

16 of natural gas. 

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

18 Secretary of Energy shall support a research pro19 gram to develop technologies for separating, gath20 ering, and processing helium in low concentrations 

21 that occur naturally in geological reservoirs or for22 mations, including— 

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


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1 ‘‘(B) technologies that minimize the atmos2 pheric venting of helium gas during natural gas 

3 production. 

4 ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The Sec5 retary of Energy, working through the Advanced 

6 Manufacturing Office of the Department of Energy, 

7 shall carry out a research program— 

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

9 technology systems for recycling, reprocessing, 

10 and reusing helium for all medical, scientific, 

11 industrial, commercial, aerospace, and other 

12 uses of helium in the United States, including 

13 Federal uses; and 

14 ‘‘(B) to develop industrial gathering tech15 nologies to capture helium from other chemical 

16 processing, including ammonia processing. 

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

18 is authorized to be appropriated to carry out this section 

19 such sums as are necessary. 

20 ‘‘SEC. 18. HELIUM-3 SEPARATION. 

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

22 shall cooperate with the Secretary of Energy, or a des23 ignee, on any assessment or research relating to the ex24 traction and refining of the isotope helium-3 from crude 


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1 helium at the Federal Helium Reserve or along the Fed2 eral Helium Pipeline, including— 

3 ‘‘(1) gas analysis; 

4 ‘‘(2) infrastructure studies; and 

5 ‘‘(3) cooperation with refiners. 

6 ‘‘(b) FEASIBILITY STUDY.—The Secretary, in con7 sultation with the Secretary of Energy, or a designee, may 

8 carry out a study to assess the feasibility of establishing 

9 a facility to separate the isotope helium-3 from crude he10 lium at— 

11 ‘‘(1) the Federal Helium Reserve; or 

12 ‘‘(2) an existing helium separation or purifi13 cation facility connected to the Federal Helium Pipe14 line. 

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

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

17 Secretary shall submit to the Committee on Energy and 

18 Natural Resources of the Senate and the Committee on 

19 Natural Resources of the House of Representatives a re20 port that contains a description of the results of the as21 sessments conducted under this section. 

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

23 is authorized to be appropriated to carry out this section 

24 such sums as are necessary. 


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1 ‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRAT2 EGY. 

3 ‘‘Not later than 2 years after the date of enactment 

4 of the Helium Stewardship Act of 2013, the Secretary (in 

5 consultation with the Secretary of Energy, the Secretary 

6 of Defense, the Director of the National Science Founda7 tion, and the Director of the National Institutes of 

8 Health) shall submit to Congress a report that provides 

9 for Federal users— 

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

11 projected demand for, crude and refined helium; 

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

13 for securing access to crude helium; 

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

15 the price of refined helium and methods and policies 

16 for mitigating any determined effects; and 

17 ‘‘(4) a description of a process for prioritization 

18 of uses that accounts for diminished availability of 

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

20 SEC. 7. CONFORMING AMENDMENTS. 

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

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

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

24 ‘‘section 6(d)’’. 

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

26 is repealed. 


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1 SEC. 8. EXISTING AGREEMENTS. 

2 This Act and the amendments made by this Act shall 

3 not in any manner affect or diminish the rights and obli4 gations of the Secretary of the Interior and private parties 

5 under agreements in existence on the date of enactment 

6 of this Act, except to the extent that the agreements are 

7 renewed or extended after that date. 

8 SEC. 9. REGULATIONS. 

9 The Secretary of the Interior shall promulgate such 

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

11 amendments made by this Act, including regulations nec12 essary to prevent unfair acts and practices. 

13 SECTION 1. SHORT TITLE. 

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

15 Act of 2013’’. 

16 SEC. 2. DEFINITIONS. 

17 Section 2 of the Helium Act (50 U.S.C. 167) is amend18 ed to read as follows: 

19 ‘‘SEC. 2. DEFINITIONS. 

20 ‘‘In this Act: 

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

22 Field’ means the helium storage reservoir in which 

23 the Federal Helium Reserve is stored. 

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

25 ‘Federal Helium Pipeline’ means the federally owned 


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1 pipeline system through which the Federal Helium 

2 Reserve may be transported. 

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

4 ‘Federal Helium Reserve’ means helium reserves 

5 owned by the United States. 

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

7 ‘Federal Helium System’ means— 

8 ‘‘(A) the Federal Helium Reserve; 

9 ‘‘(B) the Cliffside Field; 

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

11 ‘‘(D) all other infrastructure owned, leased, 

12 or managed under contract by the Secretary for 

13 the storage, transportation, withdrawal, enrich14 ment, purification, or management of helium. 

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

16 means a Federal agency or extramural holder of one 

17 or more Federal research grants using helium. 

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

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

20 250 Btu per standard cubic foot measured as the 

21 higher heating value resulting from the inclusion of 

22 noncombustible gases, including nitrogen, helium, 

23 argon, and carbon dioxide. 

24 ‘‘(7) PERSON.—The term ‘person’ means any in25 dividual, corporation, partnership, firm, association, 


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1 trust, estate, public or private institution, or State or 

2 political subdivision. 

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

4 ‘priority pipeline access’ means the first priority of 

5 delivery of crude helium under which the Secretary 

6 schedules and ensures the delivery of crude helium to 

7 a helium refinery through the Federal Helium Sys8 tem. 

9 ‘‘(9) QUALIFIED BIDDER.— 

10 ‘‘(A) IN GENERAL.—The term ‘qualified bid11 der’ means a person the Secretary determines is 

12 seeking to purchase helium for their own use, re13 fining, or redelivery to users. 

14 ‘‘(B) EXCLUSION.—The term ‘qualified bid15 der’ does not include a person who was pre16 viously determined to be a qualified bidder if the 

17 Secretary determines that the person did not 

18 meet the requirements of a qualified bidder 

19 under this Act. 

20 ‘‘(10) QUALIFYING DOMESTIC HELIUM TRANS21 ACTION.—The term ‘qualifying domestic helium 

22 transaction’ means any agreement entered into or re23 negotiated agreement during the preceding 1-year pe24 riod in the United States for the purchase or sale of 

25 at least 20,000,000 standard cubic feet of crude or 


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1 pure helium to which any holder of a contract with 

2 the Secretary for the acceptance, storage, delivery, or 

3 redelivery of crude helium from the Federal Helium 

4 System is a party. 

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

6 person with the ability to take delivery of crude he7 lium from the Federal Helium Pipeline and refine the 

8 crude helium into pure helium. 

9 ‘‘(12) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of the Interior.’’. 

11 SEC. 3. AUTHORITY OF SECRETARY. 

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

13 amended by adding at the end the following: 

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

15 FEDERAL LAND.—All amounts received by the Secretary 

16 from the sale or disposition of helium on Federal land shall 

17 be credited to the Helium Production Fund established 

18 under section 6(e).’’. 

19 SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. 

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

21 amended to read as follows: 

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

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

24 storage, withdrawal, or transportation services to any perVerDate Mar 15 2010 22:18 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S783.RS S783

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1 son, the Secretary shall impose a fee on the person that ac2 curately reflects the economic value of those services. 

3 ‘‘(b) MINIMUM FEES.—The fees charged under sub4 section (a) shall be not less than the amount required to 

5 reimburse the Secretary for the full costs of providing stor6 age, withdrawal, or transportation services, including cap7 ital investments in upgrades and maintenance at the Fed8 eral Helium System. 

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

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

11 shall annually publish a standardized schedule of fees that 

12 the Secretary will charge under this section. 

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

14 under this section shall be credited to the Helium Produc15 tion Fund established under section 6(e). 

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

17 this section, the Secretary shall— 

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

19 which crude helium is sold or auctioned under section 

20 6 to store helium in the Federal Helium Reserve; and 

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

22 and delivery of helium using the Federal Helium Sys23 tem that— 

24 ‘‘(A) ensures timely delivery of helium auc25 tioned pursuant to section 6(b)(2); 


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1 ‘‘(B) ensures timely delivery of helium ac2 quired from the Secretary from the Federal He3 lium Reserve by means other than an auction 

4 under section 6(b)(2) after the date of enactment 

5 of the Helium Stewardship Act of 2013, includ6 ing nonallocated sales; and 

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

8 Helium Pipeline for in-kind sales for Federal 

9 users. 

10 ‘‘(f) NEW REFINING CAPACITY.—The Secretary shall 

11 consider any applications for access to the Federal Helium 

12 Pipeline in a manner consistent with the schedule for phas13 ing out commercial sales and disposition of assets pursuant 

14 to section 6.’’. 

15 SEC. 5. SALE OF CRUDE HELIUM. 

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

17 amended to read as follows: 

18 ‘‘SEC. 6. SALE OF CRUDE HELIUM. 

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

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

21 crude helium for sale in such quantities, at such 

22 times, at not less than the minimum price established 

23 under subsection (b)(7), and under such terms and 

24 conditions as the Secretary determines necessary to 


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1 carry out this subsection with minimum market dis2 ruption. 

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

4 purchase refined helium with priority pipeline access 

5 under this subsection from persons who have entered 

6 into enforceable contracts to purchase an equivalent 

7 quantity of crude helium at the in-kind price from 

8 the Secretary. 

9 ‘‘(3) DURATION.—This subsection applies dur10 ing— 

11 ‘‘(A) the period beginning on the date of en12 actment of the Helium Stewardship Act of 2013 

13 and ending on September 30, 2014; and 

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

15 helium under subsection (b) is delayed or sus16 pended. 

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

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

19 crude helium for sale in quantities not subject to auc20 tion under paragraph (2), after completion of each 

21 auction, at not less than the minimum price estab22 lished under paragraph (7), and under such terms 

23 and conditions as the Secretary determines nec24 essary— 


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

2 from the Federal Helium Reserve over the long 

3 term; 

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

5 to the taxpayer; 

6 ‘‘(C) to manage crude helium sales accord7 ing to the ability of the Secretary to extract and 

8 produce helium from the Federal Helium Re9 serve; 

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

11 demand of Federal users in the event of any dis12 ruption to the Federal Helium Reserve; and 

13 ‘‘(E) to carry out this subsection with min14 imum market disruption. 

15 ‘‘(2) AUCTION QUANTITIES.—For the period de16 scribed in paragraph (4) and consistent with the con17 ditions described in paragraph (8), the Secretary 

18 shall annually auction to any qualified bidder a 

19 quantity of crude helium in the Federal Helium Re20 serve equal to— 

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

22 total volume of crude helium made available for 

23 that fiscal year; and 

24 ‘‘(B) for each subsequent fiscal year, a per25 centage of the total volume of crude helium that 


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1 is 10 percentage points greater than the percent2 age available for the previous fiscal year, but not 

3 to exceed 100 percent. 

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

5 purchase refined helium with priority pipeline access 

6 under this subsection from persons who have entered 

7 into enforceable contracts to purchase an equivalent 

8 quantity of crude helium at the in-kind price from 

9 the Secretary. 

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

11 the period— 

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

13 ‘‘(B) ending on the date on which the vol14 ume of recoverable crude helium at the Federal 

15 Helium Reserve (other than privately owned 

16 quantities of crude helium stored temporarily at 

17 the Federal Helium Reserve under section 5 and 

18 this section) is 3,000,000,000 standard cubic feet. 

19 ‘‘(5) SAFETY VALVE.—The Secretary may adjust 

20 the quantities specified in paragraph (2)— 

21 ‘‘(A) downward, if the Secretary determines 

22 the adjustment necessary— 

23 ‘‘(i) to minimize market disruptions 

24 that pose a threat to the economic well-being 

25 of the United States; and 


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1 ‘‘(ii) only after submitting a written 

2 justification of the adjustment to the Com3 mittee on Energy and Natural Resources of 

4 the Senate and the Committee on Natural 

5 Resources of the House of Representatives; 

6 or 

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

8 the adjustment necessary to increase participa9 tion in crude helium auctions or returns to the 

10 taxpayer. 

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

12 conduct each auction using a method that maximizes 

13 revenue to the Federal Government. 

14 ‘‘(7) PRICES.—The Secretary shall annually es15 tablish, as applicable, sale and minimum auction 

16 prices under subsection (a)(1) and paragraphs (1) 

17 and (2) using, if applicable and in the following 

18 order of priority: 

19 ‘‘(A) The sale price of crude helium in auc20 tions held by the Secretary under paragraph (2). 

21 ‘‘(B) Price recommendations and 

22 disaggregated data from a qualified, independent 

23 third party who has no conflict of interest, who 

24 shall conduct a confidential survey of qualifying 

25 domestic helium transactions. 


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

2 all crude helium and pure helium purchased, 

3 sold, or processed by persons in all qualifying 

4 domestic helium transactions. 

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

6 converting gaseous crude helium into pure he7 lium. 

8 ‘‘(8) TERMS AND CONDITIONS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall re10 quire all persons that are parties to a contract 

11 with the Secretary for the withdrawal, accept12 ance, storage, transportation, delivery, or rede13 livery of crude helium to disclose, on a strictly 

14 confidential basis— 

15 ‘‘(i) the volumes and associated prices 

16 in dollars per thousand cubic feet of all 

17 crude and pure helium purchased, sold, or 

18 processed by persons in qualifying domestic 

19 helium transactions; 

20 ‘‘(ii) the volumes and associated costs 

21 in dollars per thousand cubic feet of con22 verting crude helium into pure helium; and 

23 ‘‘(iii) refinery capacity and future ca24 pacity estimates. 


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

2 auction to a refiner under subsection (a)(1) and 

3 paragraphs (1) and (2), effective beginning 90 

4 days after the date of enactment of the Helium 

5 Stewardship Act of 2013, the refiner shall make 

6 excess refining capacity of helium available at 

7 commercially reasonable rates to— 

8 ‘‘(i) any person prevailing in auctions 

9 under paragraph (2); and 

10 ‘‘(ii) any person that has acquired 

11 crude helium from the Secretary from the 

12 Federal Helium Reserve by means other 

13 than an auction under paragraph (2) after 

14 the date of enactment of the Helium Stew15 ardship Act of 2013, including nonallocated 

16 sales. 

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

18 use the information collected under this Act— 

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

20 and 

21 ‘‘(B) to ensure the recovery of fair value for 

22 the taxpayers of the United States from sales of 

23 crude helium. 

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

25 Secretary shall adopt such administrative policies 


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1 and procedures as the Secretary considers necessary 

2 and reasonable to ensure the confidentiality of infor3 mation submitted pursuant to this Act. 

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

5 USERS.— 

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

7 crude helium for sale to Federal users in such quan8 tities, at such times, at such prices required to reim9 burse the Secretary for the full costs of the sales, and 

10 under such terms and conditions as the Secretary de11 termines necessary to carry out this subsection. 

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

13 purchase refined helium with priority pipeline access 

14 under this subsection from persons who have entered 

15 into enforceable contracts to purchase an equivalent 

16 quantity of crude helium at the in-kind price from 

17 the Secretary. 

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

19 beginning on the day after the date described in sub20 section (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 described 

24 in subsection (c) and not later than January 1, 2023, 

25 the Secretary shall designate as excess property and 


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1 dispose of all facilities, equipment, and other real and 

2 personal property, and all interests in the same, held 

3 by the United States in the Federal Helium System. 

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

5 property described in paragraph (1) shall be in ac6 cordance with subtitle I of title 40, United States 

7 Code. 

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

9 United States by reason of the sale or other disposal 

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

11 treated as funds received under this Act for purposes 

12 of subsection (e). 

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

14 and disposal (including costs associated with termi15 nation of personnel) and with the cessation of activi16 ties under this subsection shall be paid from amounts 

17 available in the Helium Production Fund established 

18 under subsection (e). 

19 ‘‘(e) HELIUM PRODUCTION FUND.— 

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

21 this Act, including amounts from the sale or auction 

22 of crude helium, shall be credited to the Helium Pro23 duction Fund, which shall be available without fiscal 

24 year limitation for purposes determined to be nec25 essary and cost effective by the Secretary to carry out 


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1 this Act (other than sections 16, 17, and 18), includ2 ing capital investments in upgrades and maintenance 

3 at the Federal Helium System, including— 

4 ‘‘(A) well head maintenance at the Cliffside 

5 Field; 

6 ‘‘(B) capital investments in maintenance 

7 and upgrades of facilities that pressurize the 

8 Cliffside Field; 

9 ‘‘(C) capital investments in maintenance 

10 and upgrades of equipment related to the storage, 

11 withdrawal, transportation, purification, and 

12 sale of crude helium from the Federal Helium 

13 Reserve; 

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

15 agreements to drill new or uncap existing wells 

16 to maximize the recovery of crude helium from 

17 the Federal Helium System; and 

18 ‘‘(E) any other scheduled or unscheduled 

19 maintenance of the Federal Helium System. 

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

21 Production Fund in excess of amounts the Secretary 

22 determines to be necessary to carry out paragraph (1) 

23 shall be paid to the general fund of the Treasury and 

24 used to reduce the annual Federal budget deficit. 


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

2 amounts paid to the general fund of the Treasury 

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

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

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

6 for sale or auction during each fiscal year under subsections 

7 (a), (b), and (c) a quantity of crude helium that is the lesser 

8 of — 

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

10 by the Secretary during fiscal year 2012; or 

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

12 the Federal Helium System.’’. 

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

14 STRATEGY. 

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

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

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

18 note) as section 20; and 

19 (3) by inserting after section 14 (50 U.S.C. 167l) 

20 the following: 

21 ‘‘SEC. 15. INFORMATION. 

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

23 the Bureau of Land Management, shall make available on 

24 the Internet information relating to the Federal Helium 

25 System that includes— 


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

2 and in-kind price; 

3 ‘‘(2) aggregated projections of excess refining ca4 pacity; 

5 ‘‘(3) ownership of helium held in the Federal He6 lium Reserve; 

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

8 through the Federal Helium Pipeline; 

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

10 Pipeline; 

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

12 3,000,000,000 standard cubic feet of crude helium will 

13 remain in the Federal Helium Reserve and the final 

14 phase described in section 6(c) will begin; 

15 ‘‘(7) the amount of the fees charged under section 

16 5; 

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

18 through the Federal Helium Pipeline; and 

19 ‘‘(9) other factors that will increase trans20 parency. 

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

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

23 to provide the market with appropriate and timely infor24 mation affecting the helium resource, the Director of the Bu25 reau of Land Management shall establish a timely and pubVerDate Mar 15 2010 22:18 Jul 29, 2013 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\S783.RS S783

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1 lic reporting process to provide data that affects the helium 

2 industry, including— 

3 ‘‘(1) annual maintenance schedules and quar4 terly updates, that shall include— 

5 ‘‘(A) the date and duration of planned shut6 downs of the Federal Helium Pipeline; 

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

8 the Federal Helium System, whether routine, ex9 tended, or extraordinary; 

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

11 the helium supply; 

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

13 any impact on the supply chain; and 

14 ‘‘(E) any concerns regarding maintenance 

15 of the Federal Helium Pipeline, including the 

16 pressure of the pipeline or deviation from nor17 mal operation of the pipeline; 

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

19 of— 

20 ‘‘(A) the beginning of the outage; 

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

22 ‘‘(C) the nature of the problem; 

23 ‘‘(D) the estimated impact on helium sup24 ply; 


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

2 an estimate of the potential timeframe for correc3 tion and the likelihood of plan success within the 

4 timeframe; 

5 ‘‘(F) efforts to minimize negative impacts 

6 on the helium supply chain; and 

7 ‘‘(G) updates on repair status and the an8 ticipated online date; 

9 ‘‘(3) monthly summaries of meetings and com10 munications between the Bureau of Land Manage11 ment and the Cliffside Refiners Limited Partnership, 

12 including a list of participants and an indication of 

13 any actions taken as a result of the meetings or com14 munications; and 

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

16 Federal Helium System, including how much longer 

17 the crude helium supply will be available based on 

18 current and forecasted demand and the projected 

19 maximum production capacity of the Federal Helium 

20 System for the following fiscal year. 

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

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

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

24 the Secretary, acting through the Director of the United 

25 States Geological Survey, shall— 


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

2 State geological surveys— 

3 ‘‘(A) complete a national helium gas assess4 ment that identifies and quantifies the quantity 

5 of helium, including the isotope helium-3, in 

6 each reservoir, including assessments of the con7 stituent gases found in each helium resource, 

8 such as carbon dioxide, nitrogen, and natural 

9 gas; and 

10 ‘‘(B) make available the modern seismic 

11 and geophysical log data for characterization of 

12 the Bush Dome Reservoir; 

13 ‘‘(2) in coordination with appropriate inter14 national agencies and the global geology community, 

15 complete a global helium gas assessment that identi16 fies and quantifies the quantity of the helium, includ17 ing the isotope helium-3, in each reservoir; 

18 ‘‘(3) in coordination with the Secretary of En19 ergy, acting through the Administrator of the Energy 

20 Information Administration, complete— 

21 ‘‘(A) an assessment of trends in global de22 mand for helium, including the isotope helium23 3; 

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

25 for helium across all sectors, including scientific 


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1 and medical research, commercial, manufac2 turing, space technologies, cryogenics, and na3 tional defense; and 

4 ‘‘(C) an inventory of medical, scientific, in5 dustrial, commercial, and other uses of helium in 

6 the United States, including Federal uses, that 

7 identifies the nature of the helium use, the 

8 amounts required, the technical and commercial 

9 viability of helium recapture and recycling in 

10 that use, and the availability of material sub11 stitutes wherever possible; and 

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

13 Natural Resources of the Senate and the Committee 

14 on Natural Resources of the House of Representatives 

15 a report describing the results of the assessments re16 quired under this paragraph. 

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

18 authorized to be appropriated to carry out this section 

19 $1,000,000. 

20 ‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CON21 SERVATION. 

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

23 support programs of research, development, commercial ap24 plication, and conservation (including the programs de25 scribed in subsection (b))— 


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1 ‘‘(1) to expand the domestic production of low2 Btu gas and helium resources; 

3 ‘‘(2) to separate and capture helium from nat4 ural gas streams; and 

5 ‘‘(3) to reduce the venting of helium and helium6 bearing low-Btu gas during natural gas exploration 

7 and production. 

8 ‘‘(b) PROGRAMS.— 

9 ‘‘(1) MEMBRANE TECHNOLOGY RESEARCH.—The 

10 Secretary of Energy, in consultation with other ap11 propriate agencies, shall support a civilian research 

12 program to develop advanced membrane technology 

13 that is used in the separation of low-Btu gases, in14 cluding technologies that remove helium and other 

15 constituent gases that lower the Btu content of nat16 ural gas. 

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

18 Secretary of Energy shall support a research program 

19 to develop technologies for separating, gathering, and 

20 processing helium in low concentrations that occur 

21 naturally in geological reservoirs or formations, in22 cluding— 

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


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1 ‘‘(B) technologies that minimize the atmos2 pheric venting of helium gas during natural gas 

3 production. 

4 ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The Sec5 retary of Energy, working through the Advanced 

6 Manufacturing Office of the Department of Energy, 

7 shall carry out a research program— 

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

9 technology systems for recycling, reprocessing, 

10 and reusing helium for all medical, scientific, in11 dustrial, commercial, aerospace, and other uses 

12 of helium in the United States, including Fed13 eral uses; and 

14 ‘‘(B) to develop industrial gathering tech15 nologies to capture helium from other chemical 

16 processing, including ammonia processing. 

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

18 authorized to be appropriated to carry out this section 

19 $3,000,000. 

20 ‘‘SEC. 18. HELIUM-3 SEPARATION. 

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

22 shall cooperate with the Secretary of Energy, or a designee, 

23 on any assessment or research relating to the extraction and 

24 refining of the isotope helium-3 from crude helium and 

25 other potential sources, including— 


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1 ‘‘(1) gas analysis; and 

2 ‘‘(2) infrastructure studies. 

3 ‘‘(b) FEASIBILITY STUDY.—The Secretary, in consulta4 tion with the Secretary of Energy, or a designee, may carry 

5 out a study to assess the feasibility of— 

6 ‘‘(1) establishing a facility to separate the iso7 tope helium-3 from crude helium; and 

8 ‘‘(2) exploring other potential sources of the iso9 tope helium-3. 

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

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

12 Secretary shall submit to the Committee on Energy and 

13 Natural Resources of the Senate and the Committee on Nat14 ural Resources of the House of Representatives a report that 

15 contains a description of the results of the assessments con16 ducted under this section. 

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

18 authorized to be appropriated to carry out this section 

19 $1,000,000. 

20 ‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRAT21 EGY. 

22 ‘‘In anticipation of the implementation of Phase D de23 scribed in section 6(d), and not later than 2 years after 

24 the date of enactment of the Helium Stewardship Act of 

25 2013, the Secretary (in consultation with the Secretary of 


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1 Energy, the Secretary of Defense, the Director of the Na2 tional Science Foundation, the Administrator of the Na3 tional Aeronautics and Space Administration, and the Di4 rector of the National Institutes of Health) shall submit to 

5 Congress a report that provides for Federal users— 

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

7 projected demand for, crude and refined helium; 

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

9 for securing access to helium; 

10 ‘‘(3) a determination of a date prior to January 

11 1, 2023, for the implementation of Phase D as de12 scribed in section 6(d) that minimizes any potential 

13 supply disruptions for Federal users; 

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

15 the price of refined helium and methods and policies 

16 for mitigating any determined effects; and 

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

18 of uses that accounts for diminished availability of 

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

20 SEC. 7. CONFORMING AMENDMENTS. 

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

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

23 in subsections (c)(3), (c)(4), and (d)(2) and inserting ‘‘sec24 tion 6(d)’’. 


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

2 repealed. 

3 SEC. 8. EXISTING AGREEMENTS. 

4 This Act and the amendments made by this Act shall 

5 not affect or diminish the rights and obligations of the Sec6 retary of the Interior and private parties under agreements 

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

8 to the extent that the agreements are renewed or extended 

9 after that date. 

10 SEC. 9. REGULATIONS. 

11 The Secretary of the Interior shall promulgate such 

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

13 amendments made by this Act, including regulations nec14 essary to prevent unfair acts and practices. 

15 SEC. 10. AMENDMENTS TO OTHER LAWS. 

16 (a) SECURE RURAL SCHOOLS AND COMMUNITY SELF

17 DETERMINATION PROGRAM.— 

18 (1) SECURE PAYMENTS FOR STATES AND COUN19 TIES CONTAINING FEDERAL LAND.— 

20 (A) AVAILABILITY OF PAYMENTS.—Section 

21 101 of the Secure Rural Schools and Community 

22 Self-Determination Act of 2000 (16 U.S.C. 7111) 

23 is amended by striking ‘‘2012’’ each place it ap24 pears and inserting ‘‘2013’’. 


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1 (B) ELECTIONS.—Section 102(b) of the Se2 cure Rural Schools and Community Self-Deter3 mination Act of 2000 (16 U.S.C. 7112(b)) is 

4 amended— 

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

6 ‘‘2012’’ and inserting ‘‘2013’’; and 

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

8 ‘‘2012’’ each place it appears and inserting 

9 ‘‘2013’’. 

10 (C) DISTRIBUTION OF PAYMENTS TO ELIGI11 BLE COUNTIES IN CALIFORNIA.—Section 

12 103(d)(2) of the Secure Rural Schools and Com13 munity Self-Determination Act of 2000 (16 

14 U.S.C. 7113(d)(2)) is amended by striking ‘‘and 

15 2012’’ and inserting ‘‘through 2013’’. 

16 (2) CONTINUATION OF AUTHORITY TO CONDUCT

17 SPECIAL PROJECTS ON FEDERAL LAND.—Title II of 

18 the Secure Rural Schools and Community Self-Deter19 mination Act of 2000 is amended— 

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

21 7123(a)(1)), by striking ‘‘2012’’ and inserting 

22 ‘‘2013’’; 

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

24 7124(e)(3)(B)(iii)), by striking ‘‘2012’’ and in25 serting ‘‘2013’’; 


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

2 7125(a)(4)), by striking ‘‘2011’’ each place it ap3 pears and inserting ‘‘2012’’; 

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

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

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

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

8 ‘‘2012’’ and inserting ‘‘2013’’; and 

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

10 ‘‘2013’’ and inserting ‘‘2014’’. 

11 (3) CONTINUATION OF AUTHORITY TO RESERVE

12 AND USE COUNTY FUNDS.—Section 304 of the Secure 

13 Rural Schools and Community Self-Determination 

14 Act of 2000 (16 U.S.C. 7144) is amended— 

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

16 and inserting ‘‘2013’’ ; and 

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

18 and inserting ‘‘2014’’. 

19 (4) AUTHORIZATION OF APPROPRIATIONS.—Sec20 tion 402 of the Secure Rural Schools and Community 

21 Self-Determination Act of 2000 (16 U.S.C. 7152) is 

22 amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

23 (b) ABANDONED WELL REMEDIATION.—Section 349 of 

24 the Energy Policy Act of 2005 (42 U.S.C. 15907) is amend25 ed by adding at the end the following: 


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

2 amounts in the Treasury not otherwise appropriated, 

3 $50,000,000 shall be made available to the Secretary, with4 out further appropriation and to remain available until ex5 pended, to remediate, reclaim, and close abandoned oil and 

6 gas wells on current or former National Petroleum Reserve 

7 land.’’. 

8 (c) NATIONAL PARKS MAINTENANCE BACKLOG.—Sec9 tion 814(g) of the Omnibus Parks and Public Lands Man10 agement Act of 1996 (16 U.S.C. 1f) is amended by adding 

11 at the end the following: 

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

13 in the Treasury not otherwise appropriated, 

14 $50,000,000 shall be made available to the Secretary 

15 of the Interior, without further appropriation and to 

16 remain available until expended, to pay the Federal 

17 funding share of challenge cost-share agreements for 

18 deferred maintenance projects and to correct defi19 ciencies in National Park Service infrastructure. 

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

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

22 available under paragraph (4) to pay the Federal 

23 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.—Section 

2 411(h) of the Surface Mining Control and Reclamation Act 

3 of 1977 (30 U.S.C. 1240a(h)) is amended by adding at the 

4 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 In9 dian tribe under this subsection shall not apply 

10 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 total 

17 annual payment to a certified State or Indian 

18 tribe under paragraphs (1) and (2) is limited by 

19 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 U.S.C. 

8 17022(c)) is amended by inserting before the period at the 

9 end the following: ‘‘, except that the amount authorized to 

10 be appropriated to carry out this section not appropriated 

11 as of the date of enactment of the Helium Stewardship Act 

12 of 2013 shall be reduced by $5,000,000’’. 


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Calendar No. 152 

113TH CONGRESS 

1ST SESSION S. 783 

[Report No. 113–83] 

A BILL 

To amend the Helium Act to improve helium 

stewardship, and for other purposes. 

JULY 29, 2013 

Reported with an amendment 


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