[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1513 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 190
113th CONGRESS
  1st Session
                                S. 1513

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2013

  Mr. Wyden (for himself and Ms. Murkowski) introduced the following 
                  bill; which was read the first time

                           September 18, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Helium Act to complete the privatization of the Federal 
 helium reserve in a competitive market fashion that ensures stability 
   in the helium markets while protecting the interests of American 
                   taxpayers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Technology Jobs Preservation 
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 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 High Technology Jobs Preservation 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 High Technology Jobs Preservation 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 High Technology Jobs Preservation 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) Auction frequency.--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.
    ``(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, 2022, 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, 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 High Technology Jobs Preservation 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 High Technology Jobs Preservation 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 High Technology Jobs Preservation 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 High Technology Jobs Preservation 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, and the Director of 
the National Institutes of Health) 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, 
        2022, 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(d)''.
    (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, $46,000,000 for fiscal year 2014 and 
$4,000,000 for fiscal year 2018 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, $50,000,000 shall be made available 
        to the Secretary of the Interior for fiscal year 2018, 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 year 2014.
                    ``(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 
                $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''.
                                                       Calendar No. 190

113th CONGRESS

  1st Session

                                S. 1513

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           September 18, 2013

            Read the second time and placed on the calendar