[Congressional Record Volume 159, Number 124 (Thursday, September 19, 2013)]
[Senate]
[Pages S6665-S6671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1958. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

                      DIVISION B--SAVING COAL JOBS

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Saving Coal Jobs Act of 
     2013''.

                   TITLE I--PROHIBITION ON ENERGY TAX

     SEC. 1101. PROHIBITION ON ENERGY TAX.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) on June 25, 2013, President Obama issued a Presidential 
     memorandum directing the Administrator of the Environmental 
     Protection Agency to issue regulations relating to power 
     sector carbon pollution standards for existing coal fired 
     power plants;
       (B) the issuance of that memorandum circumvents Congress 
     and the will of the people of the United States;
       (C) any action to control emissions of greenhouse gases 
     from existing coal fired power plants in the United States by 
     mandating a national energy tax would devastate major sectors 
     of the economy, cost thousands of jobs, and increase energy 
     costs for low-income households, small businesses, and 
     seniors on fixed income;
       (D) joblessness increases the likelihood of hospital 
     visits, illnesses, and premature deaths;
       (E) according to testimony on June 15, 2011, before the 
     Committee on Environment and Public Works of the Senate by 
     Dr. Harvey Brenner of Johns Hopkins University, ``The 
     unemployment rate is well established as a risk factor for 
     elevated illness and mortality rates in epidemiological 
     studies performed since the early 1980s. In addition to 
     influences on mental disorder, suicide and alcohol abuse and 
     alcoholism, unemployment is also an important risk factor in 
     cardiovascular disease and overall decreases in life 
     expectancy.'';
       (F) according to the National Center for Health Statistics, 
     ``children in poor families were four times as likely to be 
     in fair or poor health as children that were not poor'';
       (G) any major decision that would cost the economy of the 
     United States millions of dollars and lead to serious 
     negative health effects for the people of the United States 
     should be debated and explicitly authorized by Congress, not 
     approved by a Presidential memorandum or regulations; and
       (H) any policy adopted by Congress should make United 
     States energy as clean as practicable, as quickly as 
     practicable, without increasing the cost of energy for 
     struggling families, seniors, low-income households, and 
     small businesses.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that--
       (i) a national energy tax is not imposed on the economy of 
     the United States; and
       (ii) struggling families, seniors, low-income households, 
     and small businesses do not experience skyrocketing 
     electricity bills and joblessness;
       (B) to protect the people of the United States, 
     particularly families, seniors, and children, from the 
     serious negative health effects of joblessness;
       (C) to allow sufficient time for Congress to develop and 
     authorize an appropriate mechanism to address the energy 
     needs of the United States and the potential challenges posed 
     by severe weather; and
       (D) to restore the legislative process and congressional 
     authority over the energy policy of the United States.
       (b) Presidential Memorandum.--Notwithstanding any other 
     provision of law, the head of a Federal agency shall not 
     promulgate any regulation relating to power sector carbon 
     pollution standards or any substantially similar regulation 
     on or after June 25, 2013, unless that regulation is 
     explicitly authorized by an Act of Congress.

                           TITLE II--PERMITS

     SEC. 1201. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

       (a) Applicability of Guidance.--Section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) is amended by 
     adding at the end the following:
       ``(s) Applicability of Guidance.--
       ``(1) Definitions.--In this subsection:
       ``(A) Guidance.--
       ``(i) In general.--The term `guidance' means draft, 
     interim, or final guidance issued by the Administrator.
       ``(ii) Inclusions.--The term `guidance' includes--

       ``(I) the comprehensive guidance issued by the 
     Administrator and dated April 1, 2010;
       ``(II) the proposed guidance entitled `Draft Guidance on 
     Identifying Waters Protected by the Clean Water Act' and 
     dated April 28, 2011;
       ``(III) the final guidance proposed by the Administrator 
     and dated July 21, 2011; and
       ``(IV) any other document or paper issued by the 
     Administrator through any process other than the notice and 
     comment rulemaking process.

       ``(B) New permit.--The term `new permit' means a permit 
     covering discharges from a structure--
       ``(i) that is issued under this section by a permitting 
     authority; and
       ``(ii) for which an application is--

       ``(I) pending as of the date of enactment of this 
     subsection; or
       ``(II) filed on or after the date of enactment of this 
     subsection.

       ``(C) Permitting authority.--The term `permitting 
     authority' means--
       ``(i) the Administrator; or
       ``(ii) a State, acting pursuant to a State program that is 
     equivalent to the program under this section and approved by 
     the Administrator.
       ``(2) Permits.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, in making a determination whether to approve a new 
     permit or a renewed permit, the permitting authority--
       ``(i) shall base the determination only on compliance with 
     regulations issued by the Administrator or the permitting 
     authority; and
       ``(ii) shall not base the determination on the extent of 
     adherence of the applicant for the new permit or renewed 
     permit to guidance.
       ``(B) New permits.--If the permitting authority does not 
     approve or deny an application for a new permit by the date 
     that is 270 days after the date of receipt of the application 
     for the new permit, the applicant may operate as if the 
     application were approved in accordance with Federal law for 
     the period of time for which a permit from the same industry 
     would be approved.
       ``(C) Substantial completeness.--In determining whether an 
     application for a new permit or a renewed permit received 
     under this paragraph is substantially complete, the 
     permitting authority shall use standards for determining 
     substantial completeness of similar permits for similar 
     facilities submitted in fiscal year 2007.''.
       (b) State Permit Programs.--
       (1) In general.--Section 402 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) State Permit Programs.--
       ``(1) In general.--At any time after the promulgation of 
     the guidelines required by section 304(a)(2), the Governor of 
     each State desiring to administer a permit program for 
     discharges into navigable waters within the jurisdiction of 
     the State may submit to the Administrator--
       ``(A) a full and complete description of the program the 
     State proposes to establish and administer under State law or 
     under an interstate compact; and
       ``(B) a statement from the attorney general (or the 
     attorney for those State water pollution control agencies 
     that have independent legal counsel), or from the chief legal 
     officer in the case of an interstate agency, that the laws of 
     the State, or the interstate compact, as applicable, provide 
     adequate authority to carry out the described program.
       ``(2) Approval.--The Administrator shall approve each 
     program for which a description is submitted under paragraph 
     (1) unless the Administrator determines that adequate 
     authority does not exist--
       ``(A) to issue permits that--
       ``(i) apply, and ensure compliance with, any applicable 
     requirements of sections 301, 302, 306, 307, and 403;
       ``(ii) are for fixed terms not exceeding 5 years;
       ``(iii) can be terminated or modified for cause, 
     including--

       ``(I) a violation of any condition of the permit;
       ``(II) obtaining a permit by misrepresentation or failure 
     to disclose fully all relevant facts; and
       ``(III) a change in any condition that requires either a 
     temporary or permanent reduction or elimination of the 
     permitted discharge; and

       ``(iv) control the disposal of pollutants into wells;
       ``(B)(i) to issue permits that apply, and ensure compliance 
     with, all applicable requirements of section 308; or
       ``(ii) to inspect, monitor, enter, and require reports to 
     at least the same extent as required in section 308;
       ``(C) to ensure that the public, and any other State the 
     waters of which may be affected, receives notice of each 
     application for a permit and an opportunity for a public 
     hearing before a ruling on each application;

[[Page S6666]]

       ``(D) to ensure that the Administrator receives notice and 
     a copy of each application for a permit;
       ``(E) to ensure that any State (other than the permitting 
     State), whose waters may be affected by the issuance of a 
     permit may submit written recommendations to the permitting 
     State and the Administrator with respect to any permit 
     application and, if any part of the written recommendations 
     are not accepted by the permitting State, that the permitting 
     State will notify the affected State and the Administrator in 
     writing of the failure of the State to accept the 
     recommendations, including the reasons for not accepting the 
     recommendations;
       ``(F) to ensure that no permit will be issued if, in the 
     judgment of the Secretary of the Army (acting through the 
     Chief of Engineers), after consultation with the Secretary of 
     the department in which the Coast Guard is operating, 
     anchorage and navigation of any of the navigable waters would 
     be substantially impaired by the issuance of the permit;
       ``(G) to abate violations of the permit or the permit 
     program, including civil and criminal penalties and other 
     means of enforcement;
       ``(H) to ensure that any permit for a discharge from a 
     publicly owned treatment works includes conditions to require 
     the identification in terms of character and volume of 
     pollutants of any significant source introducing pollutants 
     subject to pretreatment standards under section 307(b) into 
     the treatment works and a program to ensure compliance with 
     those pretreatment standards by each source, in addition to 
     adequate notice, which shall include information on the 
     quality and quantity of effluent to be introduced into the 
     treatment works and any anticipated impact of the change in 
     the quantity or quality of effluent to be discharged from the 
     publicly owned treatment works, to the permitting agency of--
       ``(i) new introductions into the treatment works of 
     pollutants from any source that would be a new source (as 
     defined in section 306(a)) if the source were discharging 
     pollutants;
       ``(ii) new introductions of pollutants into the treatment 
     works from a source that would be subject to section 301 if 
     the source were discharging those pollutants; or
       ``(iii) a substantial change in volume or character of 
     pollutants being introduced into the treatment works by a 
     source introducing pollutants into the treatment works at the 
     time of issuance of the permit; and
       ``(I) to ensure that any industrial user of any publicly 
     owned treatment works will comply with sections 204(b), 307, 
     and 308.
       ``(3) Administration.--Notwithstanding paragraph (2), the 
     Administrator may not disapprove or withdraw approval of a 
     program under this subsection on the basis of the following:
       ``(A) The failure of the program to incorporate or comply 
     with guidance (as defined in subsection (s)(1)).
       ``(B) The implementation of a water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c).''.
       (2) Conforming amendments.--
       (A) Section 309 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1319) is amended--
       (i) in subsection (c)--

       (I) in paragraph (1)(A), by striking ``402(b)(8)'' and 
     inserting ``402(b)(2)(H)''; and
       (II) in paragraph (2)(A), by striking ``402(b)(8)'' and 
     inserting ``402(b)(2)(H)''; and

       (ii) in subsection (d), in the first sentence, by striking 
     ``402(b)(8)'' and inserting ``402(b)(2)(H)''.
       (B) Section 402(m) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1342(m)) is amended in the first sentence by 
     striking ``subsection (b)(8) of this section'' and inserting 
     ``subsection (b)(2)(H)''.
       (c) Suspension of Federal Program.--Section 402(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1342(c)) is 
     amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Limitation on disapproval.--Notwithstanding 
     paragraphs (1) through (3), the Administrator may not 
     disapprove or withdraw approval of a State program under 
     subsection (b) on the basis of the failure of the following:
       ``(A) The failure of the program to incorporate or comply 
     with guidance (as defined in subsection (s)(1)).
       ``(B) The implementation of a water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c).''.
       (d) Notification of Administrator.--Section 402(d)(2) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1342(d)(2)) is amended--
       (1) by striking ``(2)'' and all that follows through the 
     end of the first sentence and inserting the following:
       ``(2) Objection by administrator.--
       ``(A) In general.--Subject to subparagraph (C), no permit 
     shall issue if--
       ``(i) not later than 90 days after the date on which the 
     Administrator receives notification under subsection 
     (b)(2)(E), the Administrator objects in writing to the 
     issuance of the permit; or
       ``(ii) not later than 90 days after the date on which the 
     proposed permit of the State is transmitted to the 
     Administrator, the Administrator objects in writing to the 
     issuance of the permit as being outside the guidelines and 
     requirements of this Act.'';
       (2) in the second sentence, by striking ``Whenever the 
     Administrator'' and inserting the following:
       ``(B) Requirements.--If the Administrator''; and
       (3) by adding at the end the following:
       ``(C) Exception.--The Administrator shall not object to or 
     deny the issuance of a permit by a State under subsection (b) 
     or (s) based on the following:
       ``(i) Guidance, as that term is defined in subsection 
     (s)(1).
       ``(ii) The interpretation of the Administrator of a water 
     quality standard that has been adopted by the State and 
     approved by the Administrator under section 303(c).''.

     SEC. 1202. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) In General.--Section 404 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1344) is amended--
       (1) by striking the section heading and all that follows 
     through ``Sec. 404. (a) The Secretary may issue'' and 
     inserting the following:

     ``SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL.

       ``(a) Permits.--
       ``(1) In general.--The Secretary may issue''; and
       (2) in subsection (a), by adding at the end the following:
       ``(2) Deadline for approval.--
       ``(A) Permit applications.--
       ``(i) In general.--Except as provided in clause (ii), if an 
     environmental assessment or environmental impact statement, 
     as appropriate, is required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary 
     shall--

       ``(I) begin the process not later than 90 days after the 
     date on which the Secretary receives a permit application; 
     and
       ``(II) approve or deny an application for a permit under 
     this subsection not later than the latter of--

       ``(aa) if an agency carries out an environmental assessment 
     that leads to a finding of no significant impact, the date on 
     which the finding of no significant impact is issued; or
       ``(bb) if an agency carries out an environmental assessment 
     that leads to a record of decision, 15 days after the date on 
     which the record of decision on an environmental impact 
     statement is issued.
       ``(ii) Processes.--Notwithstanding clause (i), regardless 
     of whether the Secretary has commenced an environmental 
     assessment or environmental impact statement by the date 
     described in clause (i)(I), the following deadlines shall 
     apply:

       ``(I) An environmental assessment carried out under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be completed not later than 1 year after the 
     deadline for commencing the permit process under clause 
     (i)(I).
       ``(II) An environmental impact statement carried out under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) shall be completed not later than 2 years after the 
     deadline for commencing the permit process under clause 
     (i)(I).

       ``(B) Failure to act.--If the Secretary fails to act by the 
     deadline specified in clause (i) or (ii) of subparagraph 
     (A)--
       ``(i) the application, and the permit requested in the 
     application, shall be considered to be approved;
       ``(ii) the Secretary shall issue a permit to the applicant; 
     and
       ``(iii) the permit shall not be subject to judicial 
     review.''.
       (b) State Permitting Programs.--Section 404 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1344) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Authority of Administrator.--
       ``(1) In general.--Subject to paragraphs (2) through (4), 
     until the Secretary has issued a permit under this section, 
     the Administrator is authorized to prohibit the specification 
     (including the withdrawal of specification) of any defined 
     area as a disposal site, and deny or restrict the use of any 
     defined area for specification (including the withdrawal of 
     specification) as a disposal site, if the Administrator 
     determines, after notice and opportunity for public hearings, 
     that the discharge of the materials into the area will have 
     an unacceptable adverse effect on municipal water supplies, 
     shellfish beds or fishery areas (including spawning and 
     breeding areas), wildlife, or recreational areas.
       ``(2) Consultation.--Before making a determination under 
     paragraph (1), the Administrator shall consult with the 
     Secretary.
       ``(3) Findings.--The Administrator shall set forth in 
     writing and make public the findings of the Administrator and 
     the reasons of the Administrator for making any determination 
     under this subsection.
       ``(4) Authority of state permitting programs.--This 
     subsection shall not apply to any permit if the State in 
     which the discharge originates or will originate does not 
     concur with the determination of the Administrator that the 
     discharge will result in an unacceptable adverse effect as 
     described in paragraph (1).''.
       (c) State Programs.--Section 404(g)(1) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344(g)(1)) is amended in 
     the first sentence by striking ``for the discharge'' and 
     inserting ``for all or part of the discharges''.

[[Page S6667]]

     SEC. 1203. IMPACTS OF ENVIRONMENTAL PROTECTION AGENCY 
                   REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
                   ACTIVITY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.):
       (A) Issuing a regulation, policy statement, guidance, 
     response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.
       (3) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means the 
     following:
       (A) With respect to employment levels, a loss of more than 
     100 jobs, except that any offsetting job gains that result 
     from the hypothetical creation of new jobs through new 
     technologies or government employment may not be used in the 
     job loss calculation.
       (B) With respect to economic activity, a decrease in 
     economic activity of more than $1,000,000 over any calendar 
     year, except that any offsetting economic activity that 
     results from the hypothetical creation of new economic 
     activity through new technologies or government employment 
     may not be used in the economic activity calculation.
       (b) Analysis of Impacts of Actions on Employment and 
     Economic Activity.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on employment levels and 
     economic activity, including estimated job losses and 
     decreased economic activity.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall use the best available economic models.
       (B) Annual gao report.--Not later than December 31st of 
     each year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet Web site of the 
     Environmental Protection Agency; and
       (B) request that the Governor of any State experiencing 
     more than a de minimis negative impact post the analysis in 
     the Capitol of the State.
       (c) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in a State, the Administrator shall hold a public 
     hearing in each such State at least 30 days prior to the 
     effective date of the covered action.
       (2) Time, location, and selection.--
       (A) In general.--A public hearing required under paragraph 
     (1) shall be held at a convenient time and location for 
     impacted residents.
       (B) Priority.--In selecting a location for such a public 
     hearing, the Administrator shall give priority to locations 
     in the State that will experience the greatest number of job 
     losses.
       (d) Notification.--If the Administrator concludes under 
     subsection (b)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in any State, the Administrator shall give notice of 
     such impact to the congressional delegation, Governor, and 
     legislature of the State at least 45 days before the 
     effective date of the covered action.

     SEC. 1204. IDENTIFICATION OF WATERS PROTECTED BY THE CLEAN 
                   WATER ACT.

       (a) In General.--The Secretary of the Army and the 
     Administrator of the Environmental Protection Agency may 
     not--
       (1) finalize, adopt, implement, administer, or enforce the 
     proposed guidance described in the notice of availability and 
     request for comments entitled ``EPA and Army Corps of 
     Engineers Guidance Regarding Identification of Waters 
     Protected by the Clean Water Act'' (EPA-HQ-OW-2011-0409) (76 
     Fed. Reg. 24479 (May 2, 2011)); and
       (2) use the guidance described in paragraph (1), any 
     successor document, or any substantially similar guidance 
     made publicly available on or after December 3, 2008, as the 
     basis for any decision regarding the scope of the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any 
     rulemaking.
       (b) Rules.--The use of the guidance described in subsection 
     (a)(1), or any successor document or substantially similar 
     guidance made publicly available on or after December 3, 
     2008, as the basis for any rule shall be grounds for vacating 
     the rule.

     SEC. 1205. LIMITATIONS ON AUTHORITY TO MODIFY STATE WATER 
                   QUALITY STANDARDS.

       (a) State Water Quality Standards.--Section 303(c)(4) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1313(c)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) by striking ``(4) The'' and inserting the following:
       ``(4) Promulgation of revised or new standards.--
       ``(A) In general.--The'';
       (3) by striking ``The Administrator shall promulgate'' and 
     inserting the following:
       ``(B) Deadline.--The Administrator shall promulgate;'' and
       (4) by adding at the end the following:
       ``(C) State water quality standards.--Notwithstanding any 
     other provision of this paragraph, the Administrator may not 
     promulgate a revised or new standard for a pollutant in any 
     case in which the State has submitted to the Administrator 
     and the Administrator has approved a water quality standard 
     for that pollutant, unless the State concurs with the 
     determination of the Administrator that the revised or new 
     standard is necessary to meet the requirements of this 
     Act.''.
       (b) Federal Licenses and Permits.--Section 401(a) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1341(a)) is 
     amended by adding at the end the following:
       ``(7) State or interstate agency determination.--With 
     respect to any discharge, if a State or interstate agency 
     having jurisdiction over the navigable waters at the point at 
     which the discharge originates or will originate determines 
     under paragraph (1) that the discharge will comply with the 
     applicable provisions of sections 301, 302, 303, 306, and 
     307, the Administrator may not take any action to supersede 
     the determination.''.

     SEC. 1206. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 
                   BOUNDARIES OF THE STATE.

       Section 303(d) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1313(d)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) State authority to identify waters within boundaries 
     of the state.--
       ``(A) In general.--Each State shall submit to the 
     Administrator from time to time, with the first such 
     submission not later than 180 days after the date of 
     publication of the first identification of pollutants under 
     section 304(a)(2)(D), the waters identified and the loads 
     established under subparagraphs (A), (B), (C), and (D) of 
     paragraph (1).
       ``(B) Approval or disapproval by administrator.--
       ``(i) In general.--Not later than 30 days after the date of 
     submission, the Administrator shall approve the State 
     identification and load or announce the disagreement of the 
     Administrator with the State identification and load.
       ``(ii) Approval.--If the Administrator approves the 
     identification and load submitted by the State under this 
     subsection, the State shall incorporate the identification 
     and load into the current plan of the State under subsection 
     (e).
       ``(iii) Disapproval.--If the Administrator announces the 
     disagreement of the Administrator with the identification and 
     load submitted by the State under this subsection. the 
     Administrator shall submit, not later than 30 days after the 
     date that the Administrator announces the disagreement of the 
     Administrator with the submission of the State, to the State 
     the written recommendation of the Administrator of those 
     additional waters that the Administrator identifies and such 
     loads for such waters as the Administrator believes are 
     necessary to implement the water quality standards applicable 
     to the waters.
       ``(C) Action by state.--Not later than 30 days after 
     receipt of the recommendation of the Administrator, the State 
     shall--
       ``(i) disregard the recommendation of the Administrator in 
     full and incorporate its own identification and load into the 
     current plan of the State under subsection (e);
       ``(ii) accept the recommendation of the Administrator in 
     full and incorporate its identification and load as amended 
     by the recommendation of the Administrator into the current 
     plan of the State under subsection (e); or
       ``(iii) accept the recommendation of the Administrator in 
     part, identifying certain additional waters and certain 
     additional loads proposed by the Administrator to be added to 
     the State's identification and load and incorporate the 
     State's identification and load as amended into the current 
     plan of the State under subsection (e).
       ``(D) Noncompliance by administrator.--
       ``(i) In general.--If the Administrator fails to approve 
     the State identification and load or announce the 
     disagreement of the Administrator with the State 
     identification and load within the time specified in this 
     subsection--

       ``(I) the identification and load of the State shall be 
     considered approved; and
       ``(II) the State shall incorporate the identification and 
     load that the State submitted into the current plan of the 
     State under subsection (e).

       ``(ii) Recommendations not submitted.--If the Administrator 
     announces the disagreement of the Administrator with the 
     identification and load of the State but fails to submit the 
     written recommendation of the Administrator to the State 
     within 30 days as required by subparagraph (B)(iii)--

       ``(I) the identification and load of the State shall be 
     considered approved; and
       ``(II) the State shall incorporate the identification and 
     load that the State submitted into the current plan of the 
     State under subsection (e).

       ``(E) Application.--This section shall apply to any 
     decision made by the Administrator under this subsection 
     issued on or after March 1, 2013.''.

[[Page S6668]]

                                 ______
                                 
  SA 1959. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment 
intended to be proposed by him to the bill S. 1392, to promote energy 
savings in residential buildings and industry, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. RESOLUTION OF CONFLICTING CLEAN WATER 
                   CERTIFICATIONS.

       Section 10(a) of the Federal Power Act (16 U.S.C. 803(a)) 
     is amended by adding at the end the following:
       ``(4) Resolution of conflicting clean water 
     certifications.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, if any condition or requirement of any certification 
     made under section 401 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1341) for a project covered by this Act is not 
     agreed to by 2 or more affected States, the Commission shall 
     review, modify as necessary, and approve the condition or 
     requirement under paragraph (1) before the condition or 
     requirement may become effective and included in a new 
     license for the project.
       ``(B) Resolution of conflicts.--Any condition or 
     requirement that is modified by the Commission and included 
     in the new license for a project under this paragraph shall 
     supersede and replace the condition or requirement of any 
     certification made under section 401 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1341).
       ``(C) Administration.--In reviewing conditions and 
     requirements under this paragraph, the Commission shall--
       ``(i) use and consider the best scientific information 
     available, including site-specific and species-specific 
     information;
       ``(ii) consult with appropriate Federal and State resource 
     agencies;
       ``(iii) provide for a public hearing; and
       ``(iv) consider such additional evidence in reaching the 
     decision of the Commission as is appropriate to secure 
     adequate protection of any affected species.''.
                                 ______
                                 
  SA 1960. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 527, 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; as 
follows:

       Strike all after the enacting clause and 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 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

[[Page S6669]]

     (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) 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 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);

[[Page S6670]]

       (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, 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

[[Page S6671]]

     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''.
                                 ______
                                 
  SA 1961. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 24, strike lines 14 through 22 and insert the 
     following:
       (b) Nonduplication.--The Secretary shall coordinate with 
     the Secretary of Labor and the Secretary of Education prior 
     to issuing any funding opportunity announcements to ensure 
     that duplication does not occur.
                                 ______
                                 
  SA 1962. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME 
                   PERSONS.

       Section 415 of the Energy Conservation and Production Act 
     (42 U.S.C. 6865) is amended by adding at the end the 
     following:
       ``(f) Administration.--
       ``(1) In general.--A State shall use up to 8 percent of any 
     grant made by the Secretary under this part to track 
     applicants for and recipients of weatherization assistance 
     under this part to determine the impact of the assistance and 
     eliminate or reduce reliance on the assistance over a period 
     of not more than 3 years.
       ``(2) Annual state plans.--A State may submit to the 
     Secretary for approval within 90 days an annual plan for the 
     administration of assistance under this part in the State 
     that includes, at the option of the State--
       ``(A) local income eligibility standards for the assistance 
     that are not based on the formula that are used to allocate 
     assistance under this part; and
       ``(B) the establishment of revolving loan funds for 
     multifamily affordable housing units.''.
                                 ______
                                 
  SA 1963. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 24, strike line 23 and insert the following:
       (c) Administration.--To promote the efficiency and 
     effectiveness of the programs, the Secretary shall--
       (1) conduct or collect applicable third-party evaluations 
     on every federally funded energy worker training program 
     established during the 7-year period ending on the date of 
     enactment of this Act, including technical training, on-the-
     job training, and industry-recognized credentialing programs; 
     and
       (2) publish and disseminate evidence-based guidance for the 
     programs after considering the third-party evaluations.
       (d) Authorization of Appropriations.--There is

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