H. R. 527 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and thirteen 
An Act 
To amend the Helium Act to complete the privatization of the Federal helium 
reserve in a competitive market fashion that ensures stability in the helium 
markets while protecting the interests of American taxpayers, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Helium Stewardship Act of 
2013’’. 
SEC. 2. DEFINITIONS. 
Section 2 of the Helium Act (50 U.S.C. 167) is amended to 
read as follows: 
‘‘SEC. 2. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) CLIFFSIDE
FIELD.—The term ‘Cliffside Field’ means 
the helium storage reservoir in which the Federal Helium 
Reserve is stored. 
‘‘(2) FEDERAL HELIUM PIPELINE.—The term ‘Federal Helium 
Pipeline’ means the federally owned pipeline system through 
which helium for the Federal Helium Reserve may be trans-
ported. 
‘‘(3) FEDERAL HELIUM RESERVE.—The term ‘Federal Helium 
Reserve’ means helium reserves owned by the United States. 
‘‘(4) FEDERAL HELIUM SYSTEM.—The term ‘Federal Helium 
System’ means— 
‘‘(A) the Federal Helium Reserve; 
‘‘(B) the Cliffside Field; 
‘‘(C) the Federal Helium Pipeline; and 
‘‘(D) all other infrastructure owned, leased, or managed 
under contract by the Secretary for the storage, transpor-
tation, withdrawal, enrichment, purification, or manage-
ment of helium. 
‘‘(5) FEDERAL USER.—The term ‘Federal user’ means a Fed-
eral agency or extramural holder of one or more Federal 
research grants using helium. 
‘‘(6) LOW-BTU GAS.—The term ‘low-Btu gas’ means a fuel 
gas with a heating value of less than 250 Btu per standard 
cubic foot measured as the higher heating value resulting from 
the inclusion of noncombustible gases, including nitrogen, 
helium, argon, and carbon dioxide.
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‘‘(7) PERSON.—The term ‘person’ means any individual, cor-
poration, partnership, firm, association, trust, estate, public 
or private institution, or State or political subdivision. 
‘‘(8) PRIORITY PIPELINE ACCESS.—The term ‘priority pipeline 
access’ means the first priority of delivery of crude helium 
under which the Secretary schedules and ensures the delivery 
of crude helium to a helium refinery through the Federal 
Helium System. 
‘‘(9) QUALIFIED BIDDER.— 
‘‘(A) IN GENERAL.—The term ‘qualified bidder’ means 
a person the Secretary determines is seeking to purchase 
helium for their own use, refining, or redelivery to users. 
‘‘(B) EXCLUSION.—The term ‘qualified bidder’ does not 
include a person who was previously determined to be 
a qualified bidder if the Secretary determines that the 
person did not meet the requirements of a qualified bidder 
under this Act. 
‘‘(10) QUALIFYING
DOMESTIC
HELIUM
TRANSACTION.—The 
term ‘qualifying domestic helium transaction’ means any agree-
ment entered into or renegotiated agreement during the pre-
ceding 1-year period in the United States for the purchase 
or sale of at least 15,000,000 standard cubic feet of crude 
or pure helium to which any holder of a contract with the 
Secretary for the acceptance, storage, delivery, or redelivery 
of crude helium from the Federal Helium System is a party. 
‘‘(11) REFINER.—The term ‘refiner’ means a person with 
the ability to take delivery of crude helium from the Federal 
Helium Pipeline and refine the crude helium into pure helium. 
‘‘(12) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of the Interior.’’. 
SEC. 3. AUTHORITY OF SECRETARY. 
Section 3 of the Helium Act (50 U.S.C. 167a) is amended 
by adding at the end the following: 
‘‘(c) EXTRACTION
OF HELIUM FROM DEPOSITS
ON FEDERAL 
LAND.—All amounts received by the Secretary from the sale or 
disposition of helium on Federal land shall be credited to the 
Helium Production Fund established under section 6(e).’’. 
SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. 
Section 5 of the Helium Act (50 U.S.C. 167c) is amended to 
read as follows: 
‘‘SEC. 5. STORAGE, WITHDRAWAL AND TRANSPORTATION. 
‘‘(a) IN GENERAL.—If the Secretary provides helium storage, 
withdrawal, or transportation services to any person, the Secretary 
shall impose a fee on the person that accurately reflects the eco-
nomic value of those services. 
‘‘(b) MINIMUM FEES.—The fees charged under subsection (a) 
shall be not less than the amount required to reimburse the Sec-
retary 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 sub-
section (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.
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‘‘(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 pursu-
ant 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 non-
allocated sales; and 
‘‘(C) provides priority access to the Federal Helium 
Pipeline for in-kind sales for Federal users. 
‘‘(f) NEW PIPELINE ACCESS.—The Secretary shall consider any 
applications for access to the Federal Helium Pipeline in a manner 
consistent with the schedule for phasing out commercial sales and 
disposition of assets pursuant to section 6.’’. 
SEC. 5. SALE OF CRUDE HELIUM. 
Section 6 of the Helium Act (50 U.S.C. 167d) is amended 
to read as follows: 
‘‘SEC. 6. SALE OF CRUDE HELIUM. 
‘‘(a) PHASE A: ALLOCATION TRANSITION.— 
‘‘(1) IN GENERAL.—The Secretary shall offer crude helium 
for sale in such quantities, at such times, at not less than 
the minimum price established under subsection (b)(7), and 
under such terms and conditions as the Secretary determines 
necessary to carry out this subsection with minimum market 
disruption. 
‘‘(2) FEDERAL
PURCHASES.—Federal users may purchase 
refined helium with priority pipeline access under this sub-
section from persons who have entered into enforceable con-
tracts to purchase an equivalent quantity of crude helium at 
the in-kind price from the Secretary. 
‘‘(3) DURATION.—This subsection applies during— 
‘‘(A) the period beginning on the date of enactment 
of the Helium Stewardship Act of 2013 and ending on 
September 30, 2014; and 
‘‘(B) any period during which the sale of helium under 
subsection (b) is delayed or suspended. 
‘‘(b) PHASE B: AUCTION IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall offer crude helium 
for sale in quantities not subject to auction under paragraph 
(2), after completion of each auction, at not less than the 
minimum price established under paragraph (7), and under 
such terms and conditions as the Secretary determines nec-
essary— 
‘‘(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 tax-
payer;
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‘‘(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 sub-
section from persons who have entered into enforceable con-
tracts 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 recover-
able 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 quan-
tities specified in paragraph (2)— 
‘‘(A) downward, if the Secretary determines the adjust-
ment 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 adjust-
ment 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:
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‘‘(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 con-
flict 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 per-
sons 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 esti-
mates. 
‘‘(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 enact-
ment of the Helium Stewardship Act of 2013, the refiner 
shall make excess refining capacity of helium available 
at commercially reasonable rates to— 
‘‘(i) any person prevailing in auctions under para-
graph (2); and 
‘‘(ii) any person that has acquired crude helium 
from the Secretary from the Federal Helium Reserve 
by means other than an auction under paragraph (2) 
after the date of enactment of the Helium Stewardship 
Act of 2013, including nonallocated sales. 
‘‘(9) USE
OF
INFORMATION.—The Secretary may use the 
information collected under this Act— 
‘‘(A) to approximate crude helium prices; and 
‘‘(B) to ensure the recovery of fair value for the tax-
payers 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;