In the Senate of the United States, 

September 19, 2013. 

Resolved, That the bill from the House of Representatives (H.R. 527) entitled ‘‘An Act to amend the Helium Act 

to complete the privatization of the Federal helium reserve in 

a competitive market fashion that ensures stability in the helium markets while protecting the interests of American taxpayers, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

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 amend6 ed to read as follows: 

7 ‘‘SEC. 2. DEFINITIONS. 

8 ‘‘In this Act: 
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1 ‘‘(1) CLIFFSIDE FIELD.—The term ‘Cliffside 

2 Field’ means the helium storage reservoir in which 

3 the Federal Helium Reserve is stored. 

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

5 ‘Federal Helium Pipeline’ means the federally owned 

6 pipeline system through which the Federal Helium 

7 Reserve may be transported. 

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

9 ‘Federal Helium Reserve’ means helium reserves 

10 owned by the United States. 

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

12 ‘Federal Helium System’ means— 

13 ‘‘(A) the Federal Helium Reserve; 

14 ‘‘(B) the Cliffside Field; 

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

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

17 or managed under contract by the Secretary for 

18 the storage, transportation, withdrawal, enrich19 ment, purification, or management of helium. 

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

21 means a Federal agency or extramural holder of one 

22 or more Federal research grants using helium. 

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

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

25 250 Btu per standard cubic foot measured as the 
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1 higher heating value resulting from the inclusion of 

2 noncombustible gases, including nitrogen, helium, 

3 argon, and carbon dioxide. 

4 ‘‘(7) PERSON.—The term ‘person’ means any in5 dividual, corporation, partnership, firm, association, 

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

7 political subdivision. 

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

9 ‘priority pipeline access’ means the first priority of 

10 delivery of crude helium under which the Secretary 

11 schedules and ensures the delivery of crude helium to 

12 a helium refinery through the Federal Helium Sys13 tem. 

14 ‘‘(9) QUALIFIED BIDDER.— 

15 ‘‘(A) IN GENERAL.—The term ‘qualified bid16 der’ means a person the Secretary determines is 

17 seeking to purchase helium for their own use, re18 fining, or redelivery to users. 

19 ‘‘(B) EXCLUSION.—The term ‘qualified bid20 der’ does not include a person who was pre21 viously determined to be a qualified bidder if the 

22 Secretary determines that the person did not 

23 meet the requirements of a qualified bidder 

24 under this Act. 
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1 ‘‘(10) QUALIFYING DOMESTIC HELIUM TRANS2 ACTION.—The term ‘qualifying domestic helium 

3 transaction’ means any agreement entered into or re4 negotiated agreement during the preceding 1-year pe5 riod in the United States for the purchase or sale of 

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

7 pure helium to which any holder of a contract with 

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

9 redelivery of crude helium from the Federal Helium 

10 System is a party. 

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

12 person with the ability to take delivery of crude he13 lium from the Federal Helium Pipeline and refine the 

14 crude helium into pure helium. 

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

16 the Secretary of the Interior.’’. 

17 SEC. 3. AUTHORITY OF SECRETARY. 

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

19 amended by adding at the end the following: 

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

21 FEDERAL LAND.—All amounts received by the Secretary 

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

23 be credited to the Helium Production Fund established 

24 under section 6(e).’’. 
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1 SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. 

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

3 amended to read as follows: 

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

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

6 storage, withdrawal, or transportation services to any per7 son, the Secretary shall impose a fee on the person that ac8 curately reflects the economic value of those services. 

9 ‘‘(b) MINIMUM FEES.—The fees charged under sub10 section (a) shall be not less than the amount required to 

11 reimburse the Secretary for the full costs of providing stor12 age, withdrawal, or transportation services, including cap13 ital investments in upgrades and maintenance at the Fed14 eral Helium System. 

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

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

17 shall annually publish a standardized schedule of fees that 

18 the Secretary will charge under this section. 

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

20 under this section shall be credited to the Helium Produc21 tion Fund established under section 6(e). 

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

23 this section, the Secretary shall— 

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

25 which crude helium is sold or auctioned under section 

26 6 to store helium in the Federal Helium Reserve; and 
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1 ‘‘(2) establish a schedule for the transportation 

2 and delivery of helium using the Federal Helium Sys3 tem that— 

4 ‘‘(A) ensures timely delivery of helium auc5 tioned pursuant to section 6(b)(2); 

6 ‘‘(B) ensures timely delivery of helium ac7 quired from the Secretary from the Federal He8 lium Reserve by means other than an auction 

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

10 sales; and 

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

12 Helium Pipeline for in-kind sales for Federal 

13 users. 

14 ‘‘(f) NEW PIPELINE ACCESS.—The Secretary shall con15 sider any applications for access to the Federal Helium 

16 Pipeline in a manner consistent with the schedule for phas17 ing out commercial sales and disposition of assets pursuant 

18 to section 6.’’. 

19 SEC. 5. SALE OF CRUDE HELIUM. 

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

21 amended to read as follows: 

22 ‘‘SEC. 6. SALE OF CRUDE HELIUM. 

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

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

25 crude helium for sale in such quantities, at such 
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1 times, at not less than the minimum price established 

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

3 conditions as the Secretary determines necessary to 

4 carry out this subsection with minimum market dis5 ruption. 

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

7 purchase refined helium with priority pipeline access 

8 under this subsection from persons who have entered 

9 into enforceable contracts to purchase an equivalent 

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

11 the Secretary. 

12 ‘‘(3) DURATION.—This subsection applies dur13 ing— 

14 ‘‘(A) the period beginning on the date of en15 actment of the Helium Stewardship Act of 2013 

16 and ending on September 30, 2014; and 

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

18 helium under subsection (b) is delayed or sus19 pended. 

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

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

22 crude helium for sale in quantities not subject to auc23 tion under paragraph (2), after completion of each 

24 auction, at not less than the minimum price estab25 lished under paragraph (7), and under such terms 
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1 and conditions as the Secretary determines nec2 essary— 

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

4 from the Federal Helium Reserve over the long 

5 term; 

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

7 to the taxpayer; 

8 ‘‘(C) to manage crude helium sales accord9 ing to the ability of the Secretary to extract and 

10 produce helium from the Federal Helium Re11 serve; 

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

13 demand of Federal users in the event of any dis14 ruption to the Federal Helium Reserve; and 

15 ‘‘(E) to carry out this subsection with min16 imum market disruption. 

17 ‘‘(2) AUCTION QUANTITIES.—For the period de18 scribed in paragraph (4) and consistent with the con19 ditions described in paragraph (8), the Secretary 

20 shall annually auction to any qualified bidder a 

21 quantity of crude helium in the Federal Helium Re22 serve equal to— 

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

24 total volume of crude helium made available for 

25 that fiscal year; 
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1 ‘‘(B) for each of fiscal years 2016 through 

2 2019, a percentage of the total volume of crude 

3 helium that is 15 percentage points greater than 

4 the percentage made available for the previous 

5 fiscal year; and 

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

7 year thereafter, 100 percent of the total volume 

8 of crude helium made available for that fiscal 

9 year. 

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

11 purchase refined helium with priority pipeline access 

12 under this subsection from persons who have entered 

13 into enforceable contracts to purchase an equivalent 

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

15 the Secretary. 

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

17 the period— 

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

19 ‘‘(B) ending on the date on which the vol20 ume of recoverable crude helium at the Federal 

21 Helium Reserve (other than privately owned 

22 quantities of crude helium stored temporarily at 

23 the Federal Helium Reserve under section 5 and 

24 this section) is 3,000,000,000 standard cubic feet. 
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1 ‘‘(5) SAFETY VALVE.—The Secretary may adjust 

2 the quantities specified in paragraph (2)— 

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

4 the adjustment necessary— 

5 ‘‘(i) to minimize market disruptions 

6 that pose a threat to the economic well-being 

7 of the United States; and 

8 ‘‘(ii) only after submitting a written 

9 justification of the adjustment to the Com10 mittee on Energy and Natural Resources of 

11 the Senate and the Committee on Natural 

12 Resources of the House of Representatives; 

13 or 

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

15 the adjustment necessary to increase participa16 tion in crude helium auctions or returns to the 

17 taxpayer. 

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

19 conduct each auction using a method that maximizes 

20 revenue to the Federal Government. 

21 ‘‘(7) PRICES.—The Secretary shall annually es22 tablish, as applicable, separate sale and minimum 

23 auction prices under subsection (a)(1) and para24 graphs (1) and (2) using, if applicable and in the fol25 lowing order of priority: 
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1 ‘‘(A) The sale price of crude helium in auc2 tions held by the Secretary under paragraph (2). 

3 ‘‘(B) Price recommendations and 

4 disaggregated data from a qualified, independent 

5 third party who has no conflict of interest, who 

6 shall conduct a confidential survey of qualifying 

7 domestic helium transactions. 

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

9 all crude helium and pure helium purchased, 

10 sold, or processed by persons in all qualifying 

11 domestic helium transactions. 

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

13 converting gaseous crude helium into pure he14 lium. 

15 ‘‘(8) TERMS AND CONDITIONS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall re17 quire all persons that are parties to a contract 

18 with the Secretary for the withdrawal, accept19 ance, storage, transportation, delivery, or rede20 livery of crude helium to disclose, on a strictly 

21 confidential basis— 

22 ‘‘(i) the volumes and associated prices 

23 in dollars per thousand cubic feet of all 

24 crude and pure helium purchased, sold, or 
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1 processed by persons in qualifying domestic 

2 helium transactions; 

3 ‘‘(ii) the volumes and associated costs 

4 in dollars per thousand cubic feet of con5 verting crude helium into pure helium; and 

6 ‘‘(iii) refinery capacity and future ca7 pacity estimates. 

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

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

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

11 days after the date of enactment of the Helium 

12 Stewardship Act of 2013, the refiner shall make 

13 excess refining capacity of helium available at 

14 commercially reasonable rates to— 

15 ‘‘(i) any person prevailing in auctions 

16 under paragraph (2); and 

17 ‘‘(ii) any person that has acquired 

18 crude helium from the Secretary from the 

19 Federal Helium Reserve by means other 

20 than an auction under paragraph (2) after 

21 the date of enactment of the Helium Stew22 ardship Act of 2013, including nonallocated 

23 sales. 

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

25 use the information collected under this Act— 
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1 ‘‘(A) to approximate crude helium prices; 

2 and 

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

4 the taxpayers of the United States from sales of 

5 crude helium. 

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

7 Secretary shall adopt such administrative policies 

8 and procedures as the Secretary considers necessary 

9 and reasonable to ensure the confidentiality of infor10 mation submitted pursuant to this Act. 

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

12 in fiscal year 2016, the Secretary may conduct a for13 ward auction once each fiscal year of a quantity of 

14 helium that is equal to up to 10 percent of the volume 

15 of crude helium to be made available at auction dur16 ing the following fiscal year if the Secretary deter17 mines that the forward auction will— 

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

19 of helium from the Reserve; 

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

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

22 and 

23 ‘‘(D) increase the effectiveness of price dis24 covery. 
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1 ‘‘(12) AUCTION FREQUENCY.—Consistent with 

2 the annual volumes established under paragraph (2), 

3 effective beginning in fiscal year 2016, the Secretary 

4 may conduct auctions twice during each fiscal year 

5 if the Secretary determines that the auction frequency 

6 will— 

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

8 of helium from the Reserve; 

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

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

11 and 

12 ‘‘(D) increase the effectiveness of price dis13 covery. 

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

15 USERS.— 

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

17 crude helium for sale to Federal users in such quan18 tities, at such times, at such prices required to reim19 burse the Secretary for the full costs of the sales, and 

20 under such terms and conditions as the Secretary de21 termines necessary to carry out this subsection. 

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

23 purchase refined helium with priority pipeline access 

24 under this subsection from persons who have entered 

25 into enforceable contracts to purchase an equivalent 
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1 quantity of crude helium at the in-kind price from 

2 the Secretary. 

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

4 beginning on the day after the date described in sub5 section (b)(4)(B). 

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

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

8 after the date of commencement of Phase C described 

9 in subsection (c) and not later than September 30, 

10 2022, the Secretary shall designate as excess property 

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

12 and personal property, and all interests in the same, 

13 held by the United States in the Federal Helium Sys14 tem. 

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

16 property described in paragraph (1) shall be in ac17 cordance with subtitle I of title 40, United States 

18 Code. 

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

20 United States by reason of the sale or other disposal 

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

22 treated as funds received under this Act for purposes 

23 of subsection (e). 

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

25 and disposal (including costs associated with termi-
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1 nation of personnel) and with the cessation of activi2 ties under this subsection shall be paid from amounts 

3 available in the Helium Production Fund established 

4 under subsection (e). 

5 ‘‘(e) HELIUM PRODUCTION FUND.— 

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

7 this Act, including amounts from the sale or auction 

8 of crude helium, shall be credited to the Helium Pro9 duction Fund, which shall be available without fiscal 

10 year limitation for purposes determined to be nec11 essary and cost effective by the Secretary to carry out 

12 this Act (other than sections 16, 17, and 18), includ13 ing capital investments in upgrades and maintenance 

14 at the Federal Helium System, including— 

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

16 Field; 

17 ‘‘(B) capital investments in maintenance 

18 and upgrades of facilities that pressurize the 

19 Cliffside Field; 

20 ‘‘(C) capital investments in maintenance 

21 and upgrades of equipment related to the storage, 

22 withdrawal, transportation, purification, and 

23 sale of crude helium from the Federal Helium 

24 Reserve; 
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1 ‘‘(D) entering into purchase, lease, or other 

2 agreements to drill new or uncap existing wells 

3 to maximize the recovery of crude helium from 

4 the Federal Helium System; and 

5 ‘‘(E) any other scheduled or unscheduled 

6 maintenance of the Federal Helium System. 

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

8 Production Fund in excess of amounts the Secretary 

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

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

11 used to reduce the annual Federal budget deficit. 

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

13 amounts paid to the general fund of the Treasury 

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

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

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

17 date of enactment of the Helium Stewardship Act of 

18 2013 and annually thereafter, the Secretary of the In19 terior shall submit to the Committee on Energy and 

20 Natural Resources of the Senate and the Committee 

21 on Natural Resources of the House of Representatives 

22 a report describing all expenditures by the Bureau of 

23 Land Management to carry out this Act. 

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

25 for sale or auction during each fiscal year under subsections 
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1 (a), (b), and (c) a quantity of crude helium that is the lesser 

2 of — 

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

4 by the Secretary during fiscal year 2012; or 

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

6 the Federal Helium System.’’. 

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

8 STRATEGY. 

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

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

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

12 note) as section 20; and 

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

14 the following: 

15 ‘‘SEC. 15. INFORMATION. 

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

17 the Bureau of Land Management, shall make available on 

18 the Internet information relating to the Federal Helium 

19 System that includes— 

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

21 and in-kind price; 

22 ‘‘(2) aggregated projections of excess refining ca23 pacity; 

24 ‘‘(3) ownership of helium held in the Federal He25 lium Reserve; 
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1 ‘‘(4) the volume of helium delivered to persons 

2 through the Federal Helium Pipeline; 

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

4 Pipeline; 

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

6 3,000,000,000 standard cubic feet of crude helium will 

7 remain in the Federal Helium Reserve and the final 

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

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

10 5; 

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

12 through the Federal Helium Pipeline; and 

13 ‘‘(9) other factors that will increase trans14 parency. 

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

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

17 to provide the market with appropriate and timely infor18 mation affecting the helium resource, the Director of the Bu19 reau of Land Management shall establish a timely and pub20 lic reporting process to provide data that affects the helium 

21 industry, including— 

22 ‘‘(1) annual maintenance schedules and quar23 terly updates, that shall include— 

24 ‘‘(A) the date and duration of planned shut25 downs of the Federal Helium Pipeline; 
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1 ‘‘(B) the nature of work to be undertaken on 

2 the Federal Helium System, whether routine, ex3 tended, or extraordinary; 

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

5 the helium supply; 

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

7 any impact on the supply chain; and 

8 ‘‘(E) any concerns regarding maintenance 

9 of the Federal Helium Pipeline, including the 

10 pressure of the pipeline or deviation from nor11 mal operation of the pipeline; 

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

13 of— 

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

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

16 ‘‘(C) the nature of the problem; 

17 ‘‘(D) the estimated impact on helium sup18 ply; 

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

20 an estimate of the potential timeframe for correc21 tion and the likelihood of plan success within the 

22 timeframe; 

23 ‘‘(F) efforts to minimize negative impacts 

24 on the helium supply chain; and 
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1 ‘‘(G) updates on repair status and the an2 ticipated online date; 

3 ‘‘(3) monthly summaries of meetings and com4 munications between the Bureau of Land Manage5 ment and the Cliffside Refiners Limited Partnership, 

6 including a list of participants and an indication of 

7 any actions taken as a result of the meetings or com8 munications; and 

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

10 Federal Helium System, including how much longer 

11 the crude helium supply will be available based on 

12 current and forecasted demand and the projected 

13 maximum production capacity of the Federal Helium 

14 System for the following fiscal year. 

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

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

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

18 the Secretary, acting through the Director of the United 

19 States Geological Survey, shall— 

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

21 State geological surveys— 

22 ‘‘(A) complete a national helium gas assess23 ment that identifies and quantifies the quantity 

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

25 each reservoir, including assessments of the con-
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1 stituent gases found in each helium resource, 

2 such as carbon dioxide, nitrogen, and natural 

3 gas; and 

4 ‘‘(B) make available the modern seismic 

5 and geophysical log data for characterization of 

6 the Bush Dome Reservoir; 

7 ‘‘(2) in coordination with appropriate inter8 national agencies and the global geology community, 

9 complete a global helium gas assessment that identi10 fies and quantifies the quantity of the helium, includ11 ing the isotope helium-3, in each reservoir; 

12 ‘‘(3) in coordination with the Secretary of En13 ergy, acting through the Administrator of the Energy 

14 Information Administration, complete— 

15 ‘‘(A) an assessment of trends in global de16 mand for helium, including the isotope helium17 3; 

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

19 for helium across all sectors, including scientific 

20 and medical research, commercial, manufac21 turing, space technologies, cryogenics, and na22 tional defense; and 

23 ‘‘(C) an inventory of medical, scientific, in24 dustrial, commercial, and other uses of helium in 

25 the United States, including Federal uses, that 
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1 identifies the nature of the helium use, the 

2 amounts required, the technical and commercial 

3 viability of helium recapture and recycling in 

4 that use, and the availability of material sub5 stitutes wherever possible; and 

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

7 Natural Resources of the Senate and the Committee 

8 on Natural Resources of the House of Representatives 

9 a report describing the results of the assessments re10 quired under this paragraph. 

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

12 authorized to be appropriated to carry out this section 

13 $1,000,000. 

14 ‘‘SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CON15 SERVATION. 

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

17 support programs of research, development, commercial ap18 plication, and conservation (including the programs de19 scribed in subsection (b))— 

20 ‘‘(1) to expand the domestic production of low21 Btu gas and helium resources; 

22 ‘‘(2) to separate and capture helium from nat23 ural gas streams; and 
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1 ‘‘(3) to reduce the venting of helium and helium2 bearing low-Btu gas during natural gas exploration 

3 and production. 

4 ‘‘(b) PROGRAMS.— 

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

6 Secretary of Energy, in consultation with other ap7 propriate agencies, shall support a civilian research 

8 program to develop advanced membrane technology 

9 that is used in the separation of low-Btu gases, in10 cluding technologies that remove helium and other 

11 constituent gases that lower the Btu content of nat12 ural gas. 

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

14 Secretary of Energy shall support a research program 

15 to develop technologies for separating, gathering, and 

16 processing helium in low concentrations that occur 

17 naturally in geological reservoirs or formations, in18 cluding— 

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

20 ‘‘(B) technologies that minimize the atmos21 pheric venting of helium gas during natural gas 

22 production. 

23 ‘‘(3) INDUSTRIAL HELIUM PROGRAM.—The Sec24 retary of Energy, working through the Advanced 
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1 Manufacturing Office of the Department of Energy, 

2 shall carry out a research program— 

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

4 technology systems for recycling, reprocessing, 

5 and reusing helium for all medical, scientific, in6 dustrial, commercial, aerospace, and other uses 

7 of helium in the United States, including Fed8 eral uses; and 

9 ‘‘(B) to develop industrial gathering tech10 nologies to capture helium from other chemical 

11 processing, including ammonia processing. 

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

13 authorized to be appropriated to carry out this section 

14 $3,000,000. 

15 ‘‘SEC. 18. HELIUM-3 SEPARATION. 

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

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

18 on any assessment or research relating to the extraction and 

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

20 other potential sources, including— 

21 ‘‘(1) gas analysis; and 

22 ‘‘(2) infrastructure studies. 

23 ‘‘(b) FEASIBILITY STUDY.—The Secretary, in consulta24 tion with the Secretary of Energy, or a designee, may carry 

25 out a study to assess the feasibility of— 
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1 ‘‘(1) establishing a facility to separate the iso2 tope helium-3 from crude helium; and 

3 ‘‘(2) exploring other potential sources of the iso4 tope helium-3. 

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

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

7 Secretary shall submit to the Committee on Energy and 

8 Natural Resources of the Senate and the Committee on Nat9 ural Resources of the House of Representatives a report that 

10 contains a description of the results of the assessments con11 ducted under this section. 

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

13 authorized to be appropriated to carry out this section 

14 $1,000,000. 

15 ‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRAT16 EGY. 

17 ‘‘In anticipation of the implementation of Phase D de18 scribed in section 6(d), and not later than 2 years after 

19 the date of enactment of the Helium Stewardship Act of 

20 2013, the Secretary (in consultation with the Secretary of 

21 Energy, the Secretary of Defense, the Director of the Na22 tional Science Foundation, the Administrator of the Na23 tional Aeronautics and Space Administration, and the Di24 rector of the National Institutes of Health) shall submit to 

25 Congress a report that provides for Federal users— 
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1 ‘‘(1) an assessment of the consumption of, and 

2 projected demand for, crude and refined helium; 

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

4 for securing access to helium; 

5 ‘‘(3) a determination of a date prior to Sep6 tember 30, 2022, for the implementation of Phase D 

7 as described in section 6(d) that minimizes any po8 tential supply disruptions for Federal users; 

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

10 the price of refined helium and methods and policies 

11 for mitigating any determined effects; and 

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

13 of uses that accounts for diminished availability of 

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

15 SEC. 7. CONFORMING AMENDMENTS. 

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

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

18 in subsections (c)(3), (c)(4), and (d)(2) and inserting ‘‘sec19 tion 6(d)’’. 

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

21 repealed. 

22 SEC. 8. EXISTING AGREEMENTS. 

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

24 made by this Act shall not affect or diminish the rights and 

25 obligations of the Secretary of the Interior and private par-
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1 ties under agreements in existence on the date of enactment 

2 of this Act, except to the extent that the agreements are re3 newed or extended after that date. 

4 (b) DELIVERY.—No agreement described in subsection 

5 (a) shall affect or diminish the right of any party that pur6 chases helium after the date of enactment of this Act in ac7 cordance with section 6 of the Helium Act (50 U.S.C. 167d) 

8 (as amended by section 5) to receive delivery of the helium 

9 in accordance with section 5(e)(2) of the Helium Act (50 

10 U.S.C. 167c(e)(2)) (as amended by section 4). 

11 SEC. 9. REGULATIONS. 

12 The Secretary of the Interior shall promulgate such 

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

14 amendments made by this Act, including regulations nec15 essary to prevent unfair acts and practices. 

16 SEC. 10. AMENDMENTS TO OTHER LAWS. 

17 (a) SECURE RURAL SCHOOLS AND COMMUNITY SELF

18 DETERMINATION PROGRAM.— 

19 (1) SECURE PAYMENTS FOR STATES AND COUN20 TIES CONTAINING FEDERAL LAND.— 

21 (A) AVAILABILITY OF PAYMENTS.—Section 

22 101 of the Secure Rural Schools and Community 

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

24 is amended by striking ‘‘2012’’ each place it ap25 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.—Section 103(d)(2) of the Secure 

12 Rural Schools and Community Self-Determina13 tion Act of 2000 (16 U.S.C. 7113(d)(2)) is 

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

15 ‘‘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 $46,000,000 for fiscal year 2014 and $4,000,000 for fiscal 

4 year 2018 shall be made available to the Secretary, without 

5 further appropriation and to remain available until ex6 pended, to remediate, reclaim, and close abandoned oil and 

7 gas wells on current or former National Petroleum Reserve 

8 land.’’. 

9 (c) NATIONAL PARKS MAINTENANCE BACKLOG.—Sec10 tion 814(g) of the Omnibus Parks and Public Lands Man11 agement Act of 1996 (16 U.S.C. 1f) is amended by adding 

12 at the end the following: 

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

14 in the Treasury not otherwise appropriated, 

15 $50,000,000 shall be made available to the Secretary 

16 of the Interior for fiscal year 2018, without further 

17 appropriation and to remain available until ex18 pended, to pay the Federal funding share of challenge 

19 cost-share agreements for deferred maintenance 

20 projects and to correct deficiencies in National Park 

21 Service infrastructure. 

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

23 50 percent of the total cost of project for funds made 

24 available under paragraph (4) to pay the Federal 

25 funding share shall be derived from non-Federal 
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1 sources, including in-kind contribution of goods and 

2 services fairly valued.’’. 

3 (d) ABANDONED MINE RECLAMATION FUND.—Section 

4 411(h) of the Surface Mining Control and Reclamation Act 

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

6 end the following: 

7 ‘‘(6) SUPPLEMENTAL FUNDING.— 

8 ‘‘(A) WAIVER OF LIMITATION.—Notwith9 standing paragraph (5), the limitation on the 

10 total annual payments to a certified State or In11 dian tribe under this subsection shall not apply 

12 for fiscal year 2014. 

13 ‘‘(B) LIMITATION ON WAIVER.—Notwith14 standing subparagraph (A), the total annual 

15 payment to a certified State or Indian tribe 

16 under this subsection for fiscal year 2014 shall 

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

18 ‘‘(C) INSUFFICIENT AMOUNTS.—If the total 

19 annual payment to a certified State or Indian 

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

21 subparagraph (B), the Secretary shall— 

22 ‘‘(i) give priority to making payments 

23 under paragraph (2); and 

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

25 payments under paragraph (1).’’. 
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1 (e) SODA ASH ROYALTIES.—Notwithstanding section 

2 24 of the Mineral Leasing Act (30 U.S.C. 262) and the 

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

4 quantity of gross value of the output of sodium compounds 

5 and related products at the point of shipment to market 

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

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

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

9 Energy Independence and Security Act of 2007 (42 U.S.C. 

10 17022(c)) is amended by inserting before the period at the 

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

12 be appropriated to carry out this section not appropriated 

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

14 of 2013 shall be reduced by $6,000,000’’. 

Attest: 

Secretary. 
113TH CONGRESS 

1ST SESSION H.R. 527 

AMENDMENT