[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.
[[Page 127 STAT. 536]]
``(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;
[[Page 127 STAT. 537]]
``(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:
[[Page 127 STAT. 538]]
``(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;
[[Page 127 STAT. 539]]
``(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).
[[Page 127 STAT. 540]]
``(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
[[Page 127 STAT. 541]]
(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
[[Page 127 STAT. 542]]
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:
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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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