[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 527 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
September 25, 2013.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 527) entitled ``An Act to amend the Helium Act to
complete the privatization of the Federal helium reserve in a
competitive market fashion that ensures stability in the helium markets
while protecting the interests of American taxpayers, and for other
purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
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.
``(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) In General.--If the Secretary provides helium storage,
withdrawal, or transportation services to any person, the Secretary
shall impose a fee on the person that accurately reflects the economic
value of those services.
``(b) Minimum Fees.--The fees charged under subsection (a) shall be
not less than the amount required to reimburse the Secretary for the
full costs of providing storage, withdrawal, or transportation
services, including capital investments in upgrades and maintenance at
the Federal Helium System.
``(c) Schedule of Fees.--Prior to sale or auction under subsection
(a), (b), or (c) of section 6, the Secretary shall annually publish a
standardized schedule of fees that the Secretary will charge under this
section.
``(d) Treatment.--All fees received by the Secretary under this
section shall be credited to the Helium Production Fund established
under section 6(e).
``(e) Storage and Delivery.--In accordance with this section, the
Secretary shall--
``(1) allow any person or qualified bidder to which crude
helium is sold or auctioned under section 6 to store helium in
the Federal Helium Reserve; and
``(2) establish a schedule for the transportation and
delivery of helium using the Federal Helium System that--
``(A) ensures timely delivery of helium auctioned
pursuant to section 6(b)(2);
``(B) ensures timely delivery of helium acquired
from the Secretary from the Federal Helium Reserve by
means other than an auction under section 6(b)(2),
including nonallocated sales; and
``(C) provides priority access to the Federal
Helium Pipeline for in-kind sales for Federal users.
``(f) New Pipeline Access.--The Secretary shall consider any
applications for access to the Federal Helium Pipeline in a manner
consistent with the schedule for phasing out commercial sales and
disposition of assets pursuant to section 6.''.
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) 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 necessary--
``(A) to maximize total recovery of helium from the
Federal Helium Reserve over the long term;
``(B) to maximize the total financial return to the
taxpayer;
``(C) to manage crude helium sales according to the
ability of the Secretary to extract and produce helium
from the Federal Helium Reserve;
``(D) to give priority to meeting the helium demand
of Federal users in the event of any disruption to the
Federal Helium Reserve; and
``(E) to carry out this subsection with minimum
market disruption.
``(2) Auction quantities.--For the period described in
paragraph (4) and consistent with the conditions described in
paragraph (8), the Secretary shall annually auction to any
qualified bidder a quantity of crude helium in the Federal
Helium Reserve equal to--
``(A) for fiscal year 2015, 10 percent of the total
volume of crude helium made available for that fiscal
year;
``(B) for each of fiscal years 2016 through 2019, a
percentage of the total volume of crude helium that is
15 percentage points greater than the percentage made
available for the previous fiscal year; and
``(C) for fiscal year 2020 and each fiscal year
thereafter, 100 percent of the total volume of crude
helium made available for that fiscal year.
``(3) Federal purchases.--Federal users may purchase
refined helium with priority pipeline access under this
subsection from persons who have entered into enforceable
contracts to purchase an equivalent quantity of crude helium at
the in-kind price from the Secretary.
``(4) Duration.--This subsection applies during the
period--
``(A) beginning on October 1, 2014; and
``(B) ending on the date on which the volume of
recoverable crude helium at the Federal Helium Reserve
(other than privately owned quantities of crude helium
stored temporarily at the Federal Helium Reserve under
section 5 and this section) is 3,000,000,000 standard
cubic feet.
``(5) Safety valve.--The Secretary may adjust the
quantities specified in paragraph (2)--
``(A) downward, if the Secretary determines the
adjustment necessary--
``(i) to minimize market disruptions that
pose a threat to the economic well-being of the
United States; and
``(ii) only after submitting a written
justification of the adjustment to the
Committee on Energy and Natural Resources of
the Senate and the Committee on Natural
Resources of the House of Representatives; or
``(B) upward, if the Secretary determines the
adjustment necessary to increase participation in crude
helium auctions or returns to the taxpayer.
``(6) Auction format.--The Secretary shall conduct each
auction using a method that maximizes revenue to the Federal
Government.
``(7) Prices.--The Secretary shall annually establish, as
applicable, separate sale and minimum auction prices under
subsection (a)(1) and paragraphs (1) and (2) using, if
applicable and in the following order of priority:
``(A) The sale price of crude helium in auctions
held by the Secretary under paragraph (2).
``(B) Price recommendations and disaggregated data
from a qualified, independent third party who has no
conflict of interest, who shall conduct a confidential
survey of qualifying domestic helium transactions.
``(C) The volume-weighted average price of all
crude helium and pure helium purchased, sold, or
processed by persons in all qualifying domestic helium
transactions.
``(D) The volume-weighted average cost of
converting gaseous crude helium into pure helium.
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall require all
persons that are parties to a contract with the
Secretary for the withdrawal, acceptance, storage,
transportation, delivery, or redelivery of crude helium
to disclose, on a strictly confidential basis--
``(i) the volumes and associated prices in
dollars per thousand cubic feet of all crude
and pure helium purchased, sold, or processed
by persons in qualifying domestic helium
transactions;
``(ii) the volumes and associated costs in
dollars per thousand cubic feet of converting
crude helium into pure helium; and
``(iii) refinery capacity and future
capacity estimates.
``(B) Condition.--As a condition of sale or auction
to a refiner under subsection (a)(1) and paragraphs (1)
and (2), effective beginning 90 days after the date of
enactment of the Helium Stewardship Act of 2013, 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) Forward auctions.--Effective beginning in fiscal
year 2016, the Secretary may conduct a forward auction once
each fiscal year of a quantity of helium that is equal to up to
10 percent of the volume of crude helium to be made available
at auction during the following fiscal year if the Secretary
determines that the forward auction will--
``(A) not cause a disruption in the supply of
helium from the Reserve;
``(B) represent a cost-effective action;
``(C) generate greater returns for taxpayers; and
``(D) increase the effectiveness of price
discovery.
``(12) Sale schedule and frequency.--For fiscal year 2015
the Secretary shall conduct only one auction, which shall
precede, and one sale, which shall take place no later than
August 1, 2014, with full and final payment for the sale being
made no later than September 26, 2014. Consistent with the
annual volumes established under paragraph (2), effective
beginning in fiscal year 2016, the Secretary may conduct
auctions twice during each fiscal year if the Secretary
determines that the auction frequency will--
``(A) not cause a disruption in the supply of
helium from the Reserve;
``(B) represent a cost-effective action;
``(C) generate greater returns for taxpayers; and
``(D) increase the effectiveness of price
discovery.
``(13) One-time sale.--
``(A) In general.--Notwithstanding paragraph
(4)(A), the Secretary shall hold a one-time sale of
helium, no later than August 1, 2014 from amounts
available in fiscal year 2016 pursuant to this section.
Full and final payment for the sale must be made no
later than 45 days after the date the sale takes place.
``(B) Volume sold.--The volume of helium sold under
this paragraph--
``(i) shall be at least 250 million cubic
feet; and
``(ii) shall be made available for sale
consistent with paragraph (2)(B).
``(c) Phase C: Continued Access for Federal Users.--
``(1) In general.--The Secretary shall offer crude helium
for sale to Federal users in such quantities, at such times, at
such prices required to reimburse the Secretary for the full
costs of the sales, and under such terms and conditions as the
Secretary determines necessary to carry out this subsection.
``(2) Federal purchases.--Federal users may purchase
refined helium with priority pipeline access under this
subsection from persons who have entered into enforceable
contracts to purchase an equivalent quantity of crude helium at
the in-kind price from the Secretary.
``(3) Effective date.--This subsection applies beginning on
the day after the date described in subsection (b)(4)(B).
``(d) Phase D: Disposal of Assets.--
``(1) In general.--Not earlier than 2 years after the date
of commencement of Phase C described in subsection (c) and not
later than September 30, 2021, the Secretary shall designate as
excess property and dispose of all facilities, equipment, and
other real and personal property, and all interests in the
same, held by the United States in the Federal Helium System.
``(2) Applicable law.--The disposal of the property
described in paragraph (1) shall be in accordance with subtitle
I of title 40, United States Code.
``(3) Proceeds.--All proceeds accruing to the United States
by reason of the sale or other disposal of the property
described in paragraph (1) shall be treated as funds received
under this Act for purposes of subsection (e).
``(4) Costs.--All costs associated with the sale and
disposal (including costs associated with termination of
personnel) and with the cessation of activities under this
subsection shall be paid from amounts available in the Helium
Production Fund established under subsection (e).
``(e) Helium Production Fund.--
``(1) In general.--All amounts received under this Act,
including amounts from the sale or auction of crude helium,
shall be credited to the Helium Production Fund, which shall be
available without fiscal year limitation for purposes
determined to be necessary and cost effective by the Secretary
to carry out this Act (other than sections 16, 17, and 18),
including capital investments in upgrades and maintenance at
the Federal Helium System, including--
``(A) well head maintenance at the Cliffside Field;
``(B) capital investments in maintenance and
upgrades of facilities that pressurize the Cliffside
Field;
``(C) capital investments in maintenance and
upgrades of equipment related to the storage,
withdrawal, enrichment, transportation, purification,
and sale of crude helium from the Federal Helium
Reserve;
``(D) entering into purchase, lease, or other
agreements to drill new or uncap existing wells to
maximize the recovery of crude helium from the Federal
Helium System; and
``(E) any other scheduled or unscheduled
maintenance of the Federal Helium System.
``(2) Excess funds.--Amounts in the Helium Production Fund
in excess of amounts the Secretary determines to be necessary
to carry out paragraph (1) shall be paid to the general fund of
the Treasury and used to reduce the annual Federal budget
deficit.
``(3) Retirement of public debt.--Out of amounts paid to
the general fund of the Treasury under paragraph (2), the
Secretary of the Treasury shall use $51,000,000 to retire
public debt.
``(4) Report.--Not later than 1 year after the date of
enactment of the Helium Stewardship Act of 2013 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) by repealing section 15 (50 U.S.C. 167m);
(2) by redesignating section 17 (50 U.S.C. 167 note) as
section 20; and
(3) by inserting after section 14 (50 U.S.C. 167l) the
following:
``SEC. 15. INFORMATION.
``(a) Transparency.--The Secretary, acting through the Bureau of
Land Management, shall make available on the Internet information
relating to the Federal Helium System that includes--
``(1) continued publication of an open market and in-kind
price;
``(2) aggregated projections of excess refining capacity;
``(3) ownership of helium held in the Federal Helium
Reserve;
``(4) the volume of helium delivered to persons through the
Federal Helium Pipeline;
``(5) pressure constraints of the Federal Helium Pipeline;
``(6) an estimate of the projected date when 3,000,000,000
standard cubic feet of crude helium will remain in the Federal
Helium Reserve and the final phase described in section 6(c)
will begin;
``(7) the amount of the fees charged under section 5;
``(8) the scheduling of crude helium deliveries through the
Federal Helium Pipeline; and
``(9) other factors that will increase transparency.
``(b) Reporting.--Not later than 90 days after the date of
enactment of the Helium Stewardship Act of 2013, to provide the market
with appropriate and timely information affecting the helium resource,
the Director of the Bureau of Land Management shall establish a timely
and public reporting process to provide data that affects the helium
industry, including--
``(1) annual maintenance schedules and quarterly updates,
that shall include--
``(A) the date and duration of planned shutdowns of
the Federal Helium Pipeline;
``(B) the nature of work to be undertaken on the
Federal Helium System, whether routine, extended, or
extraordinary;
``(C) the anticipated impact of the work on the
helium supply;
``(D) the efforts being made to minimize any impact
on the supply chain; and
``(E) any concerns regarding maintenance of the
Federal Helium Pipeline, including the pressure of the
pipeline or deviation from normal operation of the
pipeline;
``(2) for each unplanned outage, a description of--
``(A) the beginning of the outage;
``(B) the expected duration of the outage;
``(C) the nature of the problem;
``(D) the estimated impact on helium supply;
``(E) a plan to correct problems, including an
estimate of the potential timeframe for correction and
the likelihood of plan success within the timeframe;
``(F) efforts to minimize negative impacts on the
helium supply chain; and
``(G) updates on repair status and the anticipated
online date;
``(3) monthly summaries of meetings and communications
between the Bureau of Land Management and the Cliffside
Refiners Limited Partnership, including a list of participants
and an indication of any actions taken as a result of the
meetings or communications; and
``(4) current predictions of the lifespan of the Federal
Helium System, including how much longer the crude helium
supply will be available based on current and forecasted demand
and the projected maximum production capacity of the Federal
Helium System for the following fiscal year.
``SEC. 16. HELIUM GAS RESOURCE ASSESSMENT.
``(a) In General.--Not later than 2 years after the date of
enactment of the Helium Stewardship Act of 2013, 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) 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. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION.
``(a) Authorization.--The Secretary of Energy shall support
programs of research, development, commercial application, and
conservation (including the programs described in subsection (b))--
``(1) to expand the domestic production of low-Btu gas and
helium resources;
``(2) to separate and capture helium from natural gas
streams; and
``(3) to reduce the venting of helium and helium-bearing
low-Btu gas during natural gas exploration and production.
``(b) Programs.--
``(1) Membrane technology research.--The Secretary of
Energy, in consultation with other appropriate agencies, shall
support a civilian research program to develop advanced
membrane technology that is used in the separation of low-Btu
gases, including technologies that remove helium and other
constituent gases that lower the Btu content of natural gas.
``(2) Helium separation technology.--The Secretary of
Energy shall support a research program to develop technologies
for separating, gathering, and processing helium in low
concentrations that occur naturally in geological reservoirs or
formations, including--
``(A) low-Btu gas production streams; and
``(B) technologies that minimize the atmospheric
venting of helium gas during natural gas production.
``(3) Industrial helium program.--The Secretary of Energy,
working through the Advanced Manufacturing Office of the
Department of Energy, shall carry out a research program--
``(A) to develop low-cost technologies and
technology systems for recycling, reprocessing, and
reusing helium for all medical, scientific, industrial,
commercial, aerospace, and other uses of helium in the
United States, including Federal uses; and
``(B) to develop industrial gathering technologies
to capture helium from other chemical processing,
including ammonia processing.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
``SEC. 18. HELIUM-3 SEPARATION.
``(a) Interagency Cooperation.--The Secretary shall cooperate with
the Secretary of Energy, or a designee, on any assessment or research
relating to the extraction and refining of the isotope helium-3 from
crude helium and other potential sources, including--
``(1) gas analysis; and
``(2) infrastructure studies.
``(b) Feasibility Study.--The Secretary, in consultation with the
Secretary of Energy, or a designee, may carry out a study to assess the
feasibility of--
``(1) establishing a facility to separate the isotope
helium-3 from crude helium; and
``(2) exploring other potential sources of the isotope
helium-3.
``(c) Report.--Not later than 1 year after the date of enactment of
the Helium Stewardship Act of 2013, 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.
``SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY.
``In anticipation of the implementation of Phase D described in
section 6(d), and not later than 2 years after the date of enactment of
the Helium Stewardship Act of 2013, 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) Section 8 of the Helium Act (50 U.S.C. 167f) is repealed.
SEC. 8. EXISTING AGREEMENTS.
(a) In General.--This Act and the amendments made by this Act shall
not affect or diminish the rights and obligations of the Secretary of
the Interior and private parties under agreements in existence on the
date of enactment of this Act, except to the extent that the agreements
are renewed or extended after that date.
(b) Delivery.--No agreement described in subsection (a) shall
affect or diminish the right of any party that purchases helium after
the date of enactment of this Act in accordance with section 6 of the
Helium Act (50 U.S.C. 167d) (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. 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.--
(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.''.
(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) 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 the Helium Stewardship
Act of 2013 shall be reduced by $6,000,000''.
Attest:
Clerk.
113th CONGRESS
1st Session
H.R. 527
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT