Providing for the concurrence by the House in the Senate amendment to H.R. 527, with an amendment.

That upon the adoption of this resolution the House shall be considered to have taken from the Speaker’s table the bill, H.R. 527, with the Senate amendment thereto, and to have concurred in the Senate amendment with the following amendment: In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following: 1. Short title This Act may be cited as the Helium Stewardship Act of 2013 2. Definitions Section 2 of the Helium Act ( 50 U.S.C. 167 2. Definitions In this Act: (1) Cliffside Field The term Cliffside Field (2) Federal Helium Pipeline The term Federal Helium Pipeline (3) Federal Helium Reserve The term Federal Helium Reserve (4) Federal Helium System The term Federal Helium System (A) the Federal Helium Reserve; (B) the Cliffside Field; (C) the Federal Helium Pipeline; and (D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, enrichment, purification, or management of helium. (5) Federal user The term Federal user (6) Low-Btu gas The term low-Btu gas (7) Person The term person (8) Priority pipeline access The term priority pipeline access (9) Qualified bidder (A) In general The term qualified bidder (B) Exclusion The term qualified bidder (10) Qualifying domestic helium transaction The term qualifying domestic helium transaction (11) Refiner The term refiner (12) Secretary The term Secretary . 3. Authority of Secretary Section 3 of the Helium Act ( 50 U.S.C. 167a (c) Extraction of helium from deposits on Federal land All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 6(e). . 4. Storage, withdrawal and transportation Section 5 of the Helium Act ( 50 U.S.C. 167c 5. Storage, withdrawal and transportation (a) In general If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services. (b) Minimum fees The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services, including capital investments in upgrades and maintenance at the Federal Helium System. (c) Schedule of fees Prior to sale or auction under subsection (a), (b), or (c) of section 6, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section. (d) Treatment All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 6(e). (e) Storage and delivery In accordance with this section, the Secretary shall— (1) allow any person or qualified bidder to which crude helium is sold or auctioned under section 6 to store helium in the Federal Helium Reserve; and (2) establish a schedule for the transportation and delivery of helium using the Federal Helium System that— (A) ensures timely delivery of helium auctioned pursuant to section 6(b)(2); (B) ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 6(b)(2), including nonallocated sales; and (C) provides priority access to the Federal Helium Pipeline for in-kind sales for Federal users. (f) New pipeline access The Secretary shall consider any applications for access to the Federal Helium Pipeline in a manner consistent with the schedule for phasing out commercial sales and disposition of assets pursuant to section 6. . 5. Sale of crude helium Section 6 of the Helium Act ( 50 U.S.C. 167d 6. Sale of crude helium (a) Phase A: Allocation transition (1) In general The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. (2) Federal purchases Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary. (3) Duration This subsection applies during— (A) the period beginning on the date of enactment of the Helium Stewardship Act of 2013 (B) any period during which the sale of helium under subsection (b) is delayed or suspended. (b) Phase B: Auction implementation (1) In general The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), after completion of each auction, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary— (A) to maximize total recovery of helium from the Federal Helium Reserve over the long term; (B) to maximize the total financial return to the taxpayer; (C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; (D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and (E) to carry out this subsection with minimum market disruption. (2) Auction quantities For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to— (A) for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year; (B) for each of fiscal years 2016 through 2019, a percentage of the total volume of crude helium that is 15 percentage points greater than the percentage made available for the previous fiscal year; and (C) for fiscal year 2020 and each fiscal year thereafter, 100 percent of the total volume of crude helium made available for that fiscal year. (3) Federal purchases Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary. (4) Duration This subsection applies during the period— (A) beginning on October 1, 2014; and (B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. (5) Safety valve The Secretary may adjust the quantities specified in paragraph (2)— (A) downward, if the Secretary determines the adjustment necessary— (i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and (ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or (B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer. (6) Auction format The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government. (7) Prices The Secretary shall annually establish, as applicable, separate sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority: (A) The sale price of crude helium in auctions held by the Secretary under paragraph (2). (B) Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions. (C) The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions. (D) The volume-weighted average cost of converting gaseous crude helium into pure helium. (8) Terms and conditions (A) In general The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis— (i) the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions; (ii) the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and (iii) refinery capacity and future capacity estimates. (B) Condition As a condition of sale or auction to a refiner under subsection (a)(1) and paragraphs (1) and (2), effective beginning 90 days after the date of enactment of the Helium Stewardship Act of 2013 (i) any person prevailing in auctions under paragraph (2); and (ii) any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after the date of enactment of the Helium Stewardship Act of 2013 (9) Use of information The Secretary may use the information collected under this Act— (A) to approximate crude helium prices; and (B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium. (10) Protection of confidentiality The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this Act. (11) Forward auctions Effective beginning in fiscal year 2016, the Secretary may conduct a forward auction once each fiscal year of a quantity of helium that is equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year if the Secretary determines that the forward auction will— (A) not cause a disruption in the supply of helium from the Reserve; (B) represent a cost-effective action; (C) generate greater returns for taxpayers; and (D) increase the effectiveness of price discovery. (12) Sale schedule and frequency For fiscal year 2015 the Secretary shall conduct only one auction, which shall precede, and one sale, which shall take place no later than August 1, 2014, with full and final payment for the sale being made no later than September 26, 2014. Consistent with the annual volumes established under paragraph (2), effective beginning in fiscal year 2016, the Secretary may conduct auctions twice during each fiscal year if the Secretary determines that the auction frequency will— (A) not cause a disruption in the supply of helium from the Reserve; (B) represent a cost-effective action; (C) generate greater returns for taxpayers; and (D) increase the effectiveness of price discovery. (13) one-time sale (A) In general Notwithstanding paragraph (4)(A), the Secretary shall hold a one-time sale of helium, no later than August 1, 2014 from amounts available in fiscal year 2016 pursuant to this section. Full and final payment for the sale must be made no later than 45 days after the date the sale takes place. (B) Volume sold The volume of helium sold under this paragraph— (i) shall be at least 250 million cubic feet; and (ii) shall be made available for sale consistent with paragraph (2)(B). (c) Phase C: Continued access for Federal users (1) In general The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at such prices required to reimburse the Secretary for the full costs of the sales, and under such terms and conditions as the Secretary determines necessary to carry out this subsection. (2) Federal purchases Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium at the in-kind price from the Secretary. (3) Effective date This subsection applies beginning on the day after the date described in subsection (b)(4)(B). (d) Phase D: Disposal of assets (1) In general Not earlier than 2 years after the date of commencement of Phase C described in subsection (c) and not later than September 30, 2021, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests in the same, held by the United States in the Federal Helium System. (2) Applicable law The disposal of the property described in paragraph (1) shall be in accordance with subtitle I of title 40, United States Code. (3) Proceeds All proceeds accruing to the United States by reason of the sale or other disposal of the property described in paragraph (1) shall be treated as funds received under this Act for purposes of subsection (e). (4) Costs All costs associated with the sale and disposal (including costs associated with termination of personnel) and with the cessation of activities under this subsection shall be paid from amounts available in the Helium Production Fund established under subsection (e). (e) Helium Production Fund (1) In general All amounts received under this Act, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to carry out this Act (other than sections 16, 17, and 18), including capital investments in upgrades and maintenance at the Federal Helium System, including— (A) well head maintenance at the Cliffside Field; (B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field; (C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium from the Federal Helium Reserve; (D) entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System; and (E) any other scheduled or unscheduled maintenance of the Federal Helium System. (2) Excess funds Amounts in the Helium Production Fund in excess of amounts the Secretary determines to be necessary to carry out paragraph (1) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit. (3) Retirement of public debt Out of amounts paid to the general fund of the Treasury under paragraph (2), the Secretary of the Treasury shall use $51,000,000 to retire public debt. (4) Report Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013 (f) Minimum quantity The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of— (1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; or (2) the maximum total production capacity of the Federal Helium System. . 6. Information, assessment, research, and strategy The Helium Act ( 50 U.S.C. 167 et seq. (1) by repealing section 15 ( 50 U.S.C. 167m (2) by redesignating section 17 ( 50 U.S.C. 167 (3) by inserting after section 14 ( 50 U.S.C. 167l 15. Information (a) Transparency The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes— (1) continued publication of an open market and in-kind price; (2) aggregated projections of excess refining capacity; (3) ownership of helium held in the Federal Helium Reserve; (4) the volume of helium delivered to persons through the Federal Helium Pipeline; (5) pressure constraints of the Federal Helium Pipeline; (6) an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 6(c) will begin; (7) the amount of the fees charged under section 5; (8) the scheduling of crude helium deliveries through the Federal Helium Pipeline; and (9) other factors that will increase transparency. (b) Reporting Not later than 90 days after the date of enactment of the Helium Stewardship Act of 2013, to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish a timely and public reporting process to provide data that affects the helium industry, including— (1) annual maintenance schedules and quarterly updates, that shall include— (A) the date and duration of planned shutdowns of the Federal Helium Pipeline; (B) the nature of work to be undertaken on the Federal Helium System, whether routine, extended, or extraordinary; (C) the anticipated impact of the work on the helium supply; (D) the efforts being made to minimize any impact on the supply chain; and (E) any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline or deviation from normal operation of the pipeline; (2) for each unplanned outage, a description of— (A) the beginning of the outage; (B) the expected duration of the outage; (C) the nature of the problem; (D) the estimated impact on helium supply; (E) a plan to correct problems, including an estimate of the potential timeframe for correction and the likelihood of plan success within the timeframe; (F) efforts to minimize negative impacts on the helium supply chain; and (G) updates on repair status and the anticipated online date; (3) monthly summaries of meetings and communications between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including a list of participants and an indication of any actions taken as a result of the meetings or communications; and (4) current predictions of the lifespan of the Federal Helium System, including how much longer the crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium System for the following fiscal year. 16. Helium gas resource assessment (a) In general Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013 (1) in coordination with appropriate heads of State geological surveys— (A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and (B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; (2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; (3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete— (A) an assessment of trends in global demand for helium, including the isotope helium-3; (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and (C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and (4) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000. 17. Low-Btu gas separation and helium conservation (a) Authorization The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))— (1) to expand the domestic production of low-Btu gas and helium resources; (2) to separate and capture helium from natural gas streams; and (3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production. (b) Programs (1) Membrane technology research The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas. (2) Helium separation technology The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including— (A) low-Btu gas production streams; and (B) technologies that minimize the atmospheric venting of helium gas during natural gas production. (3) Industrial helium program The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program— (A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and (B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000. 18. Helium-3 separation (a) Interagency cooperation The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium and other potential sources, including— (1) gas analysis; and (2) infrastructure studies. (b) Feasibility study The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of— (1) establishing a facility to separate the isotope helium-3 from crude helium; and (2) exploring other potential sources of the isotope helium-3. (c) Report Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013 (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000. 19. Federal agency helium acquisition strategy In anticipation of the implementation of Phase D described in section 6(d), and not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013 (1) an assessment of the consumption of, and projected demand for, crude and refined helium; (2) a description of a 20-year Federal strategy for securing access to helium; (3) a determination of a date prior to September 30, 2021, for the implementation of Phase D as described in section 6(d) that minimizes any potential supply disruptions for Federal users; (4) an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and (5) a description of a process for prioritization of uses that accounts for diminished availability of helium supplies that may occur over time. . 7. Conforming amendments (a) Section 4 of the Helium Act ( 50 U.S.C. 167b section 6(f) section 6(e) (b) Section 8 of the Helium Act ( 50 U.S.C. 167f 8. Existing agreements (a) In general This Act and the amendments made by this Act shall not affect or diminish the rights and obligations of the Secretary of the Interior and private parties under agreements in existence on the date of enactment of this Act, except to the extent that the agreements are renewed or extended after that date. (b) Delivery No agreement described in subsection (a) shall affect or diminish the right of any party that purchases helium after the date of enactment of this Act in accordance with section 6 of the Helium Act ( 50 U.S.C. 167d 50 U.S.C. 167c(e)(2) 9. Regulations The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices. 10. Amendments to other laws (a) Secure rural schools and community self determination program (1) Secure payments for States and counties containing Federal land (A) Availability of payments Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 2012 2013 (B) Elections Section 102(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7112(b) (i) in paragraph (1)(A), by striking 2012 2013 (ii) in paragraph (2)(B), by striking 2012 2013 (C) Distribution of payments to eligible counties Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7113(d)(2) and 2012 through 2013 (2) Continuation of authority to conduct special projects on federal land Title II of the Secure Rural Schools and Community Self-Determination Act of 2000 is amended— (A) in section 203(a)(1) ( 16 U.S.C. 7123(a)(1) 2012 2013 (B) in section 204(e)(3)(B)(iii) ( 16 U.S.C. 7124(e)(3)(B)(iii) 2012 2013 (C) in section 205(a)(4) ( 16 U.S.C. 7125(a)(4) 2011 2012 (D) in section 207(a) ( 16 U.S.C. 7127(a) 2012 2013 (E) in section 208 ( 16 U.S.C. 7128 (i) in subsection (a), by striking 2012 2013 (ii) in subsection (b), by striking 2013 2014 (3) Continuation of authority to reserve and use county funds Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7144 (A) in subsection (a), by striking 2012 2013 (B) in subsection (b), by striking 2013 2014 (4) Authorization of appropriations Section 402 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7152 2012 2013 (b) Abandoned well remediation Section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 (i) Federally drilled wells Out of any amounts in the Treasury not otherwise appropriated, $10,000,000 for fiscal year 2014, $36,000,000 for fiscal year 2015, and $4,000,000 for fiscal year 2019 shall be made available to the Secretary, without further appropriation and to remain available until expended, to remediate, reclaim, and close abandoned oil and gas wells on current or former National Petroleum Reserve land. . (c) National parks maintenance backlog Section 814(g) of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 1f (4) Available funds Out of any amounts in the Treasury not otherwise appropriated, $20,000,000 shall be made available to the Secretary of the Interior for fiscal year 2018, and $30,000,000 shall be made available to the Secretary of the Interior for fiscal year 2019, without further appropriation and to remain available until expended, to pay the Federal funding share of challenge cost-share agreements for deferred maintenance projects and to correct deficiencies in National Park Service infrastructure. (5) Cost-share requirement Not less than 50 percent of the total cost of project for funds made available under paragraph (4) to pay the Federal funding share shall be derived from non-Federal sources, including in-kind contribution of goods and services fairly valued. . (d) Abandoned mine reclamation fund Section 411(h) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1240a(h) (6) Supplemental funding (A) Waiver of limitation Notwithstanding paragraph (5), the limitation on the total annual payments to a certified State or Indian tribe under this subsection shall not apply for fiscal years 2014 and 2015. (B) Limitation on waiver Notwithstanding subparagraph (A), the total annual payment to a certified State or Indian tribe under this subsection for fiscal year 2014 shall not be more than $28,000,000 and for fiscal year 2015 shall not be more than $75,000,000. (C) Insufficient amounts If the total annual payment to a certified State or Indian tribe under paragraphs (1) and (2) is limited by subparagraph (B), the Secretary shall— (i) give priority to making payments under paragraph (2); and (ii) use any remaining funds to make payments under paragraph (1). . (e) Soda ash royalties Notwithstanding section 24 of the Mineral Leasing Act ( 30 U.S.C. 262 (f) Authorization offset Section 207(c) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17022(c) , except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the Helium Stewardship Act of 2013 shall be reduced by $6,000,000 Karen L. Haas, Clerk.

Summary: Sets forth the rule for consideration of the Senate amendment to H.R. 527 (Helium Stewardship Act of 2013).