Helium Stewardship Act of 2013
PL 113-40 (H.R.527), enacted 10/02/2013

[113th Congress Public Law 40]
[From the U.S. Government Publishing Office]



[[Page 533]]

                     HELIUM STEWARDSHIP ACT OF 2013

[[Page 127 STAT. 534]]

Public Law 113-40
113th Congress

                                 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. <<NOTE: Oct. 2, 2013 -  [H.R. 527]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Helium 
Stewardship Act of 2013. 50 USC 167 note.>> 
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 transported.
            ``(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, 
                transportation, withdrawal, enrichment, purification, or 
                management of helium.
            ``(5) Federal user.--The term `Federal user' means a Federal 
        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.

[[Page 127 STAT. 535]]

            ``(7) Person.--The term `person' means any individual, 
        corporation, 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 agreement 
        entered into or renegotiated agreement during the preceding 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 Secretary 
        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) <<NOTE: Fees.>>  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) <<NOTE: Deadline. Publication.>>  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.

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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 
                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.''.
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 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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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;

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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) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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 
                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) <<NOTE: Effective date.>>  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, the refiner shall make 
                excess refining capacity of helium available at 
                commercially reasonable rates to--
                          ``(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, 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 
                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) <<NOTE: Effective date. Determination.>>  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;

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                    ``(C) generate greater returns for taxpayers; and
                    ``(D) increase the effectiveness of price discovery.
            ``(12) <<NOTE: Deadlines.>>  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. <<NOTE: Effective date. Determination.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadlines.>>  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).

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            ``(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) <<NOTE: Determination.>>  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 and annually 
        thereafter, the Secretary of the Interior shall 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 all expenditures by the Bureau of Land 
        Management to carry out this Act.

    ``(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.''.
SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, AND STRATEGY.

    The Helium Act (50 U.S.C. 167 et seq.) is amended--
            (1) <<NOTE: Repeal.>>  by repealing section 15 (50 U.S.C. 
        167m);
            (2) by redesignating section 17 (50 U.S.C. 167 note) as 
        section 20; and

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            (3) by inserting after section 14 (50 U.S.C. 167l) the 
        following:
``SEC. 15. <<NOTE: 50 USC 167m.>>  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

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        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.
``SEC. 16. <<NOTE: 50 USC 167n.>>  HELIUM GAS RESOURCE ASSESSMENT.

    ``(a) <<NOTE: Deadline.>>  In General.--Not later than 2 years after 
the date of enactment of the Helium Stewardship Act of 2013, the 
Secretary, acting through the Director of the United States Geological 
Survey, shall--
            ``(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) <<NOTE: Reports.>>  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.
``SEC. 17. <<NOTE: 50 USC 167o.>>  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;

[[Page 127 STAT. 543]]

            ``(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.
``SEC. 18. <<NOTE: 50 USC 167p.>>  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, the Secretary shall 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 
that contains a description of the results of the assessments conducted 
under this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

[[Page 127 STAT. 544]]

``SEC. 19. <<NOTE: 50 USC 167q.>>  FEDERAL AGENCY HELIUM 
                      ACQUISITION STRATEGY.

    ``In <<NOTE: Deadline. Reports.>>  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, the Secretary (in consultation with the Secretary of Energy, the 
Secretary of Defense, the Director of the National Science Foundation, 
the Administrator of the National Aeronautics and Space Administration, 
the Director of the National Institutes of Health, and other agencies as 
appropriate) shall submit to Congress a report that provides for Federal 
users--
            ``(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.''.
SEC. 7. CONFORMING AMENDMENTS.

    (a) Section 4 of the Helium Act (50 U.S.C. 167b) is amended by 
striking ``section 6(f)'' each place it appears in subsections (c)(3), 
(c)(4), and (d)(2) and inserting ``section 6(e)''.
    (b) <<NOTE: Repeal.>>  Section 8 of the Helium Act (50 U.S.C. 167f) 
is repealed.
SEC. 8. <<NOTE: 50 USC 167 note.>>  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) (as amended by section 5) to receive delivery of the 
helium in accordance with section 5(e)(2) of the Helium Act (50 U.S.C. 
167c(e)(2)) (as amended by section 4).
SEC. 9. <<NOTE: 50 USC 167 note.>>  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.
SEC. 10. AMENDMENTS TO OTHER LAWS.

    (a) Secure Rural Schools and Community Self Determination Program.--
            (1) Secure payments for states and counties containing 
        federal land.--

[[Page 127 STAT. 545]]

                    (A) Availability of payments.--Section 101 of the 
                Secure Rural Schools and Community Self-Determination 
                Act of 2000 (16 U.S.C. 7111) is amended by striking 
                ``2012'' each place it appears and inserting ``2013''.
                    (B) Elections.--Section 102(b) of the Secure Rural 
                Schools and Community Self-Determination Act of 2000 (16 
                U.S.C. 7112(b)) is amended--
                          (i) in paragraph (1)(A), by striking ``2012'' 
                      and inserting ``2013''; and
                          (ii) in paragraph (2)(B), by striking ``2012'' 
                      each place it appears and inserting ``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)) is amended by striking ``and 2012'' and 
                inserting ``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)), by 
                striking ``2012'' and inserting ``2013'';
                    (B) in section 204(e)(3)(B)(iii) (16 U.S.C. 
                7124(e)(3)(B)(iii)), by striking ``2012'' and inserting 
                ``2013'';
                    (C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), by 
                striking ``2011'' each place it appears and inserting 
                ``2012'';
                    (D) in section 207(a) (16 U.S.C. 7127(a)), by 
                striking ``2012'' and inserting ``2013''; and
                    (E) in section 208 (16 U.S.C. 7128)--
                          (i) in subsection (a), by striking ``2012'' 
                      and inserting ``2013''; and
                          (ii) in subsection (b), by striking ``2013'' 
                      and inserting ``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) is amended--
                    (A) in subsection (a), by striking ``2012'' and 
                inserting ``2013''; and
                    (B) in subsection (b), by striking ``2013'' and 
                inserting ``2014''.
            (4) Authorization of appropriations.--Section 402 of the 
        Secure Rural Schools and Community Self-Determination Act of 
        2000 (16 U.S.C. 7152) is amended by striking ``2012'' and 
        inserting ``2013''.

    (b) Abandoned Well Remediation.--Section 349 of the Energy Policy 
Act of 2005 (42 U.S.C. 15907) is amended by adding at the end the 
following:
    ``(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.''.

[[Page 127 STAT. 546]]

    (c) National Parks Maintenance Backlog.--Section 814(g) of the 
Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 1f) is 
amended by adding at the end the following:
            ``(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)) is 
amended by adding at the end the following:
            ``(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) <<NOTE: 30 USC 262 note.>>  Soda Ash Royalties.--Notwithstanding 
section 24 of the Mineral Leasing Act (30 U.S.C. 262) and the terms of 
any lease under that Act, the royalty rate on the quantity of gross 
value of the output of sodium compounds and related products at the 
point of shipment to market from Federal land in the 2-year period 
beginning on the date of enactment of this Act shall be 4 percent.

    (f) Authorization Offset.--Section 207(c) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17022(c)) is amended by inserting 
before the period at the end the following: ``, except that the amount 
authorized to be appropriated to carry out this section not appropriated 
as of the date of enactment of

[[Page 127 STAT. 547]]

the Helium Stewardship Act of 2013 shall be reduced by $6,000,000''.

    Approved October 2, 2013.

LEGISLATIVE HISTORY--H.R. 527:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-42 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 159 (2013):
            Apr. 25, 26, considered and passed House.
            Sept. 19, considered and passed Senate, amended.
            Sept. 25, House concurred in Senate amendment with an 
                amendment pursuant to H. Res. 354.
            Sept. 26, Senate concurred in House amendment.

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