[Congressional Record Volume 159, Number 128 (Wednesday, September 25, 2013)]
[House]
[Pages H5816-H5821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HELIUM STEWARDSHIP ACT OF 2013
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and agree to the resolution (H. Res. 354) providing for the concurrence
by the House in the Senate amendment to H.R. 527, with an amendment.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 354
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill, H.R. 527, with the Senate amendment thereto,
and to have concurred in the Senate amendment with the
following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Stewardship Act of
2013''.
SEC. 2. DEFINITIONS.
Section 2 of the Helium Act (50 U.S.C. 167) is amended to
read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Cliffside field.--The term `Cliffside Field' means
the helium storage reservoir in which the Federal Helium
Reserve is stored.
``(2) Federal helium pipeline.--The term `Federal Helium
Pipeline' means the federally owned pipeline system through
which helium for the Federal Helium Reserve may be
transported.
``(3) Federal helium reserve.--The term `Federal Helium
Reserve' means helium reserves owned by the United States.
``(4) Federal helium system.--The term `Federal Helium
System' means--
``(A) the Federal Helium Reserve;
``(B) the Cliffside Field;
``(C) the Federal Helium Pipeline; and
``(D) all other infrastructure owned, leased, or managed
under contract by the Secretary for the storage,
transportation, withdrawal, enrichment, purification, or
management of helium.
``(5) Federal user.--The term `Federal user' means a
Federal agency or extramural holder of one or more Federal
research grants using helium.
``(6) Low-btu gas.--The term `low-Btu gas' means a fuel gas
with a heating value of less than 250 Btu per standard cubic
foot measured as the higher heating value resulting from the
inclusion of noncombustible gases, including nitrogen,
helium, argon, and carbon dioxide.
``(7) Person.--The term `person' means any individual,
corporation, partnership, firm, association, trust, estate,
public or private institution, or State or political
subdivision.
``(8) Priority pipeline access.--The term `priority
pipeline access' means the first priority of delivery of
crude helium under which the Secretary schedules and ensures
the delivery of crude helium to a helium refinery through the
Federal Helium System.
``(9) Qualified bidder.--
``(A) In general.--The term `qualified bidder' means a
person the Secretary determines is seeking to purchase helium
for their own use, refining, or redelivery to users.
``(B) Exclusion.--The term `qualified bidder' does not
include a person who was previously determined to be a
qualified bidder if the Secretary determines that the person
did not meet the requirements of a qualified bidder under
this Act.
``(10) Qualifying domestic helium transaction.--The term
`qualifying domestic helium transaction' means any agreement
entered into or renegotiated agreement during the preceding
1-year period in the United States for the purchase or sale
of at least 15,000,000 standard cubic feet of crude or pure
helium to which any holder of a contract with the Secretary
for the acceptance, storage, delivery, or redelivery of crude
helium from the Federal Helium System is a party.
``(11) Refiner.--The term `refiner' means a person with the
ability to take delivery of crude helium from the Federal
Helium Pipeline and refine the crude helium into pure helium.
``(12) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
SEC. 3. AUTHORITY OF SECRETARY.
Section 3 of the Helium Act (50 U.S.C. 167a) is amended by
adding at the end the following:
``(c) Extraction of Helium From Deposits on Federal Land.--
All amounts received by the Secretary from the sale or
disposition of helium on Federal land shall be credited to
the Helium Production Fund established under section 6(e).''.
SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION.
Section 5 of the Helium Act (50 U.S.C. 167c) is amended to
read as follows:
``SEC. 5. STORAGE, WITHDRAWAL AND TRANSPORTATION.
``(a) In General.--If the Secretary provides helium
storage, withdrawal, or transportation services to any
person, the Secretary shall impose a fee on the person that
accurately reflects the economic value of those services.
``(b) Minimum Fees.--The fees charged under subsection (a)
shall be not less than the amount required to reimburse the
Secretary for the full costs of providing storage,
withdrawal, or transportation services, including capital
investments in upgrades and maintenance at the Federal Helium
System.
``(c) Schedule of Fees.--Prior to sale or auction under
subsection (a), (b), or (c) of section 6, the Secretary shall
annually publish a standardized schedule of fees that the
Secretary will charge under this section.
``(d) Treatment.--All fees received by the Secretary under
this section shall be credited to the Helium Production Fund
established under section 6(e).
``(e) Storage and Delivery.--In accordance with this
section, the Secretary shall--
``(1) allow any person or qualified bidder to which crude
helium is sold or auctioned under section 6 to store helium
in the Federal Helium Reserve; and
``(2) establish a schedule for the transportation and
delivery of helium using the Federal Helium System that--
``(A) ensures timely delivery of helium auctioned pursuant
to section 6(b)(2);
``(B) ensures timely delivery of helium acquired from the
Secretary from the Federal Helium Reserve by means other than
an auction under section 6(b)(2), including nonallocated
sales; and
``(C) provides priority access to the Federal Helium
Pipeline for in-kind sales for Federal users.
``(f) New Pipeline Access.--The Secretary shall consider
any applications for access to the Federal Helium Pipeline in
a manner consistent with the schedule for phasing out
commercial sales and disposition of assets pursuant to
section 6.''.
SEC. 5. SALE OF CRUDE HELIUM.
Section 6 of the Helium Act (50 U.S.C. 167d) is amended to
read as follows:
``SEC. 6. SALE OF CRUDE HELIUM.
``(a) Phase A: Allocation Transition.--
``(1) In general.--The Secretary shall offer crude helium
for sale in such quantities, at such times, at not less than
the minimum
[[Page H5817]]
price established under subsection (b)(7), and under such
terms and conditions as the Secretary determines necessary to
carry out this subsection with minimum market disruption.
``(2) Federal purchases.--Federal users may purchase
refined helium with priority pipeline access under this
subsection from persons who have entered into enforceable
contracts to purchase an equivalent quantity of crude helium
at the in-kind price from the Secretary.
``(3) Duration.--This subsection applies during--
``(A) the period beginning on the date of enactment of the
Helium Stewardship Act of 2013 and ending on September 30,
2014; and
``(B) any period during which the sale of helium under
subsection (b) is delayed or suspended.
``(b) Phase B: Auction Implementation.--
``(1) In general.--The Secretary shall offer crude helium
for sale in quantities not subject to auction under paragraph
(2), after completion of each auction, at not less than the
minimum price established under paragraph (7), and under such
terms and conditions as the Secretary determines necessary--
``(A) to maximize total recovery of helium from the Federal
Helium Reserve over the long term;
``(B) to maximize the total financial return to the
taxpayer;
``(C) to manage crude helium sales according to the ability
of the Secretary to extract and produce helium from the
Federal Helium Reserve;
``(D) to give priority to meeting the helium demand of
Federal users in the event of any disruption to the Federal
Helium Reserve; and
``(E) to carry out this subsection with minimum market
disruption.
``(2) Auction quantities.--For the period described in
paragraph (4) and consistent with the conditions described in
paragraph (8), the Secretary shall annually auction to any
qualified bidder a quantity of crude helium in the Federal
Helium Reserve equal to--
``(A) for fiscal year 2015, 10 percent of the total volume
of crude helium made available for that fiscal year;
``(B) for each of fiscal years 2016 through 2019, a
percentage of the total volume of crude helium that is 15
percentage points greater than the percentage made available
for the previous fiscal year; and
``(C) for fiscal year 2020 and each fiscal year thereafter,
100 percent of the total volume of crude helium made
available for that fiscal year.
``(3) Federal purchases.--Federal users may purchase
refined helium with priority pipeline access under this
subsection from persons who have entered into enforceable
contracts to purchase an equivalent quantity of crude helium
at the in-kind price from the Secretary.
``(4) Duration.--This subsection applies during the
period--
``(A) beginning on October 1, 2014; and
``(B) ending on the date on which the volume of recoverable
crude helium at the Federal Helium Reserve (other than
privately owned quantities of crude helium stored temporarily
at the Federal Helium Reserve under section 5 and this
section) is 3,000,000,000 standard cubic feet.
``(5) Safety valve.--The Secretary may adjust the
quantities specified in paragraph (2)--
``(A) downward, if the Secretary determines the adjustment
necessary--
``(i) to minimize market disruptions that pose a threat to
the economic well-being of the United States; and
``(ii) only after submitting a written justification of the
adjustment to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives; or
``(B) upward, if the Secretary determines the adjustment
necessary to increase participation in crude helium auctions
or returns to the taxpayer.
``(6) Auction format.--The Secretary shall conduct each
auction using a method that maximizes revenue to the Federal
Government.
``(7) Prices.--The Secretary shall annually establish, as
applicable, separate sale and minimum auction prices under
subsection (a)(1) and paragraphs (1) and (2) using, if
applicable and in the following order of priority:
``(A) The sale price of crude helium in auctions held by
the Secretary under paragraph (2).
``(B) Price recommendations and disaggregated data from a
qualified, independent third party who has no conflict of
interest, who shall conduct a confidential survey of
qualifying domestic helium transactions.
``(C) The volume-weighted average price of all crude helium
and pure helium purchased, sold, or processed by persons in
all qualifying domestic helium transactions.
``(D) The volume-weighted average cost of converting
gaseous crude helium into pure helium.
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall require all persons
that are parties to a contract with the Secretary for the
withdrawal, acceptance, storage, transportation, delivery, or
redelivery of crude helium to disclose, on a strictly
confidential basis--
``(i) the volumes and associated prices in dollars per
thousand cubic feet of all crude and pure helium purchased,
sold, or processed by persons in qualifying domestic helium
transactions;
``(ii) the volumes and associated costs in dollars per
thousand cubic feet of converting crude helium into pure
helium; and
``(iii) refinery capacity and future capacity estimates.
``(B) Condition.--As a condition of sale or auction to a
refiner under subsection (a)(1) and paragraphs (1) and (2),
effective beginning 90 days after the date of enactment of
the Helium Stewardship Act of 2013, the refiner shall make
excess refining capacity of helium available at commercially
reasonable rates to--
``(i) any person prevailing in auctions under paragraph
(2); and
``(ii) any person that has acquired crude helium from the
Secretary from the Federal Helium Reserve by means other than
an auction under paragraph (2) after the date of enactment of
the Helium Stewardship Act of 2013, including nonallocated
sales.
``(9) Use of information.--The Secretary may use the
information collected under this Act--
``(A) to approximate crude helium prices; and
``(B) to ensure the recovery of fair value for the
taxpayers of the United States from sales of crude helium.
``(10) Protection of confidentiality.--The Secretary shall
adopt such administrative policies and procedures as the
Secretary considers necessary and reasonable to ensure the
confidentiality of information submitted pursuant to this
Act.
``(11) Forward auctions.--Effective beginning in fiscal
year 2016, the Secretary may conduct a forward auction once
each fiscal year of a quantity of helium that is equal to up
to 10 percent of the volume of crude helium to be made
available at auction during the following fiscal year if the
Secretary determines that the forward auction will--
``(A) not cause a disruption in the supply of helium from
the Reserve;
``(B) represent a cost-effective action;
``(C) generate greater returns for taxpayers; and
``(D) increase the effectiveness of price discovery.
``(12) Sale schedule and frequency.--For fiscal year 2015
the Secretary shall conduct only one auction, which shall
precede, and one sale, which shall take place no later than
August 1, 2014, with full and final payment for the sale
being made no later than September 26, 2014. Consistent with
the annual volumes established under paragraph (2), effective
beginning in fiscal year 2016, the Secretary may conduct
auctions twice during each fiscal year if the Secretary
determines that the auction frequency will--
``(A) not cause a disruption in the supply of helium from
the Reserve;
``(B) represent a cost-effective action;
``(C) generate greater returns for taxpayers; and
``(D) increase the effectiveness of price discovery.
``(13) One-time sale.--
``(A) In general.--Notwithstanding paragraph (4)(A), the
Secretary shall hold a one-time sale of helium, no later than
August 1, 2014 from amounts available in fiscal year 2016
pursuant to this section. Full and final payment for the sale
must be made no later than 45 days after the date the sale
takes place.
``(B) Volume sold.--The volume of helium sold under this
paragraph--
``(i) shall be at least 250 million cubic feet; and
``(ii) shall be made available for sale consistent with
paragraph (2)(B).
``(c) Phase C: Continued Access for Federal Users.--
``(1) In general.--The Secretary shall offer crude helium
for sale to Federal users in such quantities, at such times,
at such prices required to reimburse the Secretary for the
full costs of the sales, and under such terms and conditions
as the Secretary determines necessary to carry out this
subsection.
``(2) Federal purchases.--Federal users may purchase
refined helium with priority pipeline access under this
subsection from persons who have entered into enforceable
contracts to purchase an equivalent quantity of crude helium
at the in-kind price from the Secretary.
``(3) Effective date.--This subsection applies beginning on
the day after the date described in subsection (b)(4)(B).
``(d) Phase D: Disposal of Assets.--
``(1) In general.--Not earlier than 2 years after the date
of commencement of Phase C described in subsection (c) and
not later than September 30, 2021, the Secretary shall
designate as excess property and dispose of all facilities,
equipment, and other real and personal property, and all
interests in the same, held by the United States in the
Federal Helium System.
``(2) Applicable law.--The disposal of the property
described in paragraph (1) shall be in accordance with
subtitle I of title 40, United States Code.
``(3) Proceeds.--All proceeds accruing to the United States
by reason of the sale or other disposal of the property
described in paragraph (1) shall be treated as funds received
under this Act for purposes of subsection (e).
``(4) Costs.--All costs associated with the sale and
disposal (including costs associated with termination of
personnel) and with the cessation of activities under this
subsection shall be paid from amounts available in the
[[Page H5818]]
Helium Production Fund established under subsection (e).
``(e) Helium Production Fund.--
``(1) In general.--All amounts received under this Act,
including amounts from the sale or auction of crude helium,
shall be credited to the Helium Production Fund, which shall
be available without fiscal year limitation for purposes
determined to be necessary and cost effective by the
Secretary to carry out this Act (other than sections 16, 17,
and 18), including capital investments in upgrades and
maintenance at the Federal Helium System, including--
``(A) well head maintenance at the Cliffside Field;
``(B) capital investments in maintenance and upgrades of
facilities that pressurize the Cliffside Field;
``(C) capital investments in maintenance and upgrades of
equipment related to the storage, withdrawal, enrichment,
transportation, purification, and sale of crude helium from
the Federal Helium Reserve;
``(D) entering into purchase, lease, or other agreements to
drill new or uncap existing wells to maximize the recovery of
crude helium from the Federal Helium System; and
``(E) any other scheduled or unscheduled maintenance of the
Federal Helium System.
``(2) Excess funds.--Amounts in the Helium Production Fund
in excess of amounts the Secretary determines to be necessary
to carry out paragraph (1) shall be paid to the general fund
of the Treasury and used to reduce the annual Federal budget
deficit.
``(3) Retirement of public debt.--Out of amounts paid to
the general fund of the Treasury under paragraph (2), the
Secretary of the Treasury shall use $51,000,000 to retire
public debt.
``(4) Report.--Not later than 1 year after the date of
enactment of the Helium Stewardship Act of 2013 and annually
thereafter, the Secretary of the Interior shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing all expenditures by the
Bureau of Land Management to carry out this Act.
``(f) Minimum Quantity.--The Secretary shall offer for sale
or auction during each fiscal year under subsections (a),
(b), and (c) a quantity of crude helium that is the lesser of
--
``(1) the quantity of crude helium offered for sale by the
Secretary during fiscal year 2012; or
``(2) the maximum total production capacity of the Federal
Helium System.''.
SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, AND STRATEGY.
The Helium Act (50 U.S.C. 167 et seq.) is amended--
(1) by repealing section 15 (50 U.S.C. 167m);
(2) by redesignating section 17 (50 U.S.C. 167 note) as
section 20; and
(3) by inserting after section 14 (50 U.S.C. 167l) the
following:
``SEC. 15. INFORMATION.
``(a) Transparency.--The Secretary, acting through the
Bureau of Land Management, shall make available on the
Internet information relating to the Federal Helium System
that includes--
``(1) continued publication of an open market and in-kind
price;
``(2) aggregated projections of excess refining capacity;
``(3) ownership of helium held in the Federal Helium
Reserve;
``(4) the volume of helium delivered to persons through the
Federal Helium Pipeline;
``(5) pressure constraints of the Federal Helium Pipeline;
``(6) an estimate of the projected date when 3,000,000,000
standard cubic feet of crude helium will remain in the
Federal Helium Reserve and the final phase described in
section 6(c) will begin;
``(7) the amount of the fees charged under section 5;
``(8) the scheduling of crude helium deliveries through the
Federal Helium Pipeline; and
``(9) other factors that will increase transparency.
``(b) Reporting.--Not later than 90 days after the date of
enactment of the Helium Stewardship Act of 2013, to provide
the market with appropriate and timely information affecting
the helium resource, the Director of the Bureau of Land
Management shall establish a timely and public reporting
process to provide data that affects the helium industry,
including--
``(1) annual maintenance schedules and quarterly updates,
that shall include--
``(A) the date and duration of planned shutdowns of the
Federal Helium Pipeline;
``(B) the nature of work to be undertaken on the Federal
Helium System, whether routine, extended, or extraordinary;
``(C) the anticipated impact of the work on the helium
supply;
``(D) the efforts being made to minimize any impact on the
supply chain; and
``(E) any concerns regarding maintenance of the Federal
Helium Pipeline, including the pressure of the pipeline or
deviation from normal operation of the pipeline;
``(2) for each unplanned outage, a description of--
``(A) the beginning of the outage;
``(B) the expected duration of the outage;
``(C) the nature of the problem;
``(D) the estimated impact on helium supply;
``(E) a plan to correct problems, including an estimate of
the potential timeframe for correction and the likelihood of
plan success within the timeframe;
``(F) efforts to minimize negative impacts on the helium
supply chain; and
``(G) updates on repair status and the anticipated online
date;
``(3) monthly summaries of meetings and communications
between the Bureau of Land Management and the Cliffside
Refiners Limited Partnership, including a list of
participants and an indication of any actions taken as a
result of the meetings or communications; and
``(4) current predictions of the lifespan of the Federal
Helium System, including how much longer the crude helium
supply will be available based on current and forecasted
demand and the projected maximum production capacity of the
Federal Helium System for the following fiscal year.
``SEC. 16. HELIUM GAS RESOURCE ASSESSMENT.
``(a) In General.--Not later than 2 years after the date of
enactment of the Helium Stewardship Act of 2013, the
Secretary, acting through the Director of the United States
Geological Survey, shall--
``(1) in coordination with appropriate heads of State
geological surveys--
``(A) complete a national helium gas assessment that
identifies and quantifies the quantity of helium, including
the isotope helium-3, in each reservoir, including
assessments of the constituent gases found in each helium
resource, such as carbon dioxide, nitrogen, and natural gas;
and
``(B) make available the modern seismic and geophysical log
data for characterization of the Bush Dome Reservoir;
``(2) in coordination with appropriate international
agencies and the global geology community, complete a global
helium gas assessment that identifies and quantifies the
quantity of the helium, including the isotope helium-3, in
each reservoir;
``(3) in coordination with the Secretary of Energy, acting
through the Administrator of the Energy Information
Administration, complete--
``(A) an assessment of trends in global demand for helium,
including the isotope helium-3;
``(B) a 10-year forecast of domestic demand for helium
across all sectors, including scientific and medical
research, commercial, manufacturing, space technologies,
cryogenics, and national defense; and
``(C) an inventory of medical, scientific, industrial,
commercial, and other uses of helium in the United States,
including Federal uses, that identifies the nature of the
helium use, the amounts required, the technical and
commercial viability of helium recapture and recycling in
that use, and the availability of material substitutes
wherever possible; and
``(4) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report describing
the results of the assessments required under this paragraph.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000.
``SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION.
``(a) Authorization.--The Secretary of Energy shall support
programs of research, development, commercial application,
and conservation (including the programs described in
subsection (b))--
``(1) to expand the domestic production of low-Btu gas and
helium resources;
``(2) to separate and capture helium from natural gas
streams; and
``(3) to reduce the venting of helium and helium-bearing
low-Btu gas during natural gas exploration and production.
``(b) Programs.--
``(1) Membrane technology research.--The Secretary of
Energy, in consultation with other appropriate agencies,
shall support a civilian research program to develop advanced
membrane technology that is used in the separation of low-Btu
gases, including technologies that remove helium and other
constituent gases that lower the Btu content of natural gas.
``(2) Helium separation technology.--The Secretary of
Energy shall support a research program to develop
technologies for separating, gathering, and processing helium
in low concentrations that occur naturally in geological
reservoirs or formations, including--
``(A) low-Btu gas production streams; and
``(B) technologies that minimize the atmospheric venting of
helium gas during natural gas production.
``(3) Industrial helium program.--The Secretary of Energy,
working through the Advanced Manufacturing Office of the
Department of Energy, shall carry out a research program--
``(A) to develop low-cost technologies and technology
systems for recycling, reprocessing, and reusing helium for
all medical, scientific, industrial, commercial, aerospace,
and other uses of helium in the United States, including
Federal uses; and
``(B) to develop industrial gathering technologies to
capture helium from other chemical processing, including
ammonia processing.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000.
``SEC. 18. HELIUM-3 SEPARATION.
``(a) Interagency Cooperation.--The Secretary shall
cooperate with the Secretary of Energy, or a designee, on any
assessment or
[[Page H5819]]
research relating to the extraction and refining of the
isotope helium-3 from crude helium and other potential
sources, including--
``(1) gas analysis; and
``(2) infrastructure studies.
``(b) Feasibility Study.--The Secretary, in consultation
with the Secretary of Energy, or a designee, may carry out a
study to assess the feasibility of--
``(1) establishing a facility to separate the isotope
helium-3 from crude helium; and
``(2) exploring other potential sources of the isotope
helium-3.
``(c) Report.--Not later than 1 year after the date of
enactment of the Helium Stewardship Act of 2013, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
contains a description of the results of the assessments
conducted under this section.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000.
``SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY.
``In anticipation of the implementation of Phase D
described in section 6(d), and not later than 2 years after
the date of enactment of the Helium Stewardship Act of 2013,
the Secretary (in consultation with the Secretary of Energy,
the Secretary of Defense, the Director of the National
Science Foundation, the Administrator of the National
Aeronautics and Space Administration, the Director of the
National Institutes of Health, and other agencies as
appropriate) shall submit to Congress a report that provides
for Federal users--
``(1) an assessment of the consumption of, and projected
demand for, crude and refined helium;
``(2) a description of a 20-year Federal strategy for
securing access to helium;
``(3) a determination of a date prior to September 30,
2021, for the implementation of Phase D as described in
section 6(d) that minimizes any potential supply disruptions
for Federal users;
``(4) an assessment of the effects of increases in the
price of refined helium and methods and policies for
mitigating any determined effects; and
``(5) a description of a process for prioritization of uses
that accounts for diminished availability of helium supplies
that may occur over time.''.
SEC. 7. CONFORMING AMENDMENTS.
(a) Section 4 of the Helium Act (50 U.S.C. 167b) is amended
by striking ``section 6(f)'' each place it appears in
subsections (c)(3), (c)(4), and (d)(2) and inserting
``section 6(e)''.
(b) Section 8 of the Helium Act (50 U.S.C. 167f) is
repealed.
SEC. 8. EXISTING AGREEMENTS.
(a) In General.--This Act and the amendments made by this
Act shall not affect or diminish the rights and obligations
of the Secretary of the Interior and private parties under
agreements in existence on the date of enactment of this Act,
except to the extent that the agreements are renewed or
extended after that date.
(b) Delivery.--No agreement described in subsection (a)
shall affect or diminish the right of any party that
purchases helium after the date of enactment of this Act in
accordance with section 6 of the Helium Act (50 U.S.C. 167d)
(as amended by section 5) to receive delivery of the helium
in accordance with section 5(e)(2) of the Helium Act (50
U.S.C. 167c(e)(2)) (as amended by section 4).
SEC. 9. REGULATIONS.
The Secretary of the Interior shall promulgate such
regulations as are necessary to carry out this Act and the
amendments made by this Act, including regulations necessary
to prevent unfair acts and practices.
SEC. 10. AMENDMENTS TO OTHER LAWS.
(a) Secure Rural Schools and Community Self Determination
Program.--
(1) Secure payments for states and counties containing
federal land.--
(A) Availability of payments.--Section 101 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7111) is amended by striking ``2012'' each place
it appears and inserting ``2013''.
(B) Elections.--Section 102(b) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C.
7112(b)) is amended--
(i) in paragraph (1)(A), by striking ``2012'' and inserting
``2013''; and
(ii) in paragraph (2)(B), by striking ``2012'' each place
it appears and inserting ``2013''.
(C) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended
by striking ``and 2012'' and inserting ``through 2013''.
(2) Continuation of authority to conduct special projects
on federal land.--Title II of the Secure Rural Schools and
Community Self-Determination Act of 2000 is amended--
(A) in section 203(a)(1) (16 U.S.C. 7123(a)(1)), by
striking ``2012'' and inserting ``2013'';
(B) in section 204(e)(3)(B)(iii) (16 U.S.C.
7124(e)(3)(B)(iii)), by striking ``2012'' and inserting
``2013'';
(C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), by
striking ``2011'' each place it appears and inserting
``2012'';
(D) in section 207(a) (16 U.S.C. 7127(a)), by striking
``2012'' and inserting ``2013''; and
(E) in section 208 (16 U.S.C. 7128)--
(i) in subsection (a), by striking ``2012'' and inserting
``2013''; and
(ii) in subsection (b), by striking ``2013'' and inserting
``2014''.
(3) Continuation of authority to reserve and use county
funds.--Section 304 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7144) is amended--
(A) in subsection (a), by striking ``2012'' and inserting
``2013'' ; and
(B) in subsection (b), by striking ``2013'' and inserting
``2014''.
(4) Authorization of appropriations.--Section 402 of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7152) is amended by striking ``2012'' and
inserting ``2013''.
(b) Abandoned Well Remediation.--Section 349 of the Energy
Policy Act of 2005 (42 U.S.C. 15907) is amended by adding at
the end the following:
``(i) Federally Drilled Wells.--Out of any amounts in the
Treasury not otherwise appropriated, $10,000,000 for fiscal
year 2014, $36,000,000 for fiscal year 2015, and $4,000,000
for fiscal year 2019 shall be made available to the
Secretary, without further appropriation and to remain
available until expended, to remediate, reclaim, and close
abandoned oil and gas wells on current or former National
Petroleum Reserve land.''.
(c) National Parks Maintenance Backlog.--Section 814(g) of
the Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 1f) is amended by adding at the end the following:
``(4) Available funds.--Out of any amounts in the Treasury
not otherwise appropriated, $20,000,000 shall be made
available to the Secretary of the Interior for fiscal year
2018, and $30,000,000 shall be made available to the
Secretary of the Interior for fiscal year 2019, without
further appropriation and to remain available until expended,
to pay the Federal funding share of challenge cost-share
agreements for deferred maintenance projects and to correct
deficiencies in National Park Service infrastructure.
``(5) Cost-share requirement.--Not less than 50 percent of
the total cost of project for funds made available under
paragraph (4) to pay the Federal funding share shall be
derived from non-Federal sources, including in-kind
contribution of goods and services fairly valued.''.
(d) Abandoned Mine Reclamation Fund.--Section 411(h) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1240a(h)) is amended by adding at the end the following:
``(6) Supplemental funding.--
``(A) Waiver of limitation.--Notwithstanding paragraph (5),
the limitation on the total annual payments to a certified
State or Indian tribe under this subsection shall not apply
for fiscal years 2014 and 2015.
``(B) Limitation on waiver.--Notwithstanding subparagraph
(A), the total annual payment to a certified State or Indian
tribe under this subsection for fiscal year 2014 shall not be
more than $28,000,000 and for fiscal year 2015 shall not be
more than $75,000,000.
``(C) Insufficient amounts.--If the total annual payment to
a certified State or Indian tribe under paragraphs (1) and
(2) is limited by subparagraph (B), the Secretary shall--
``(i) give priority to making payments under paragraph (2);
and
``(ii) use any remaining funds to make payments under
paragraph (1).''.
(e) Soda Ash Royalties.--Notwithstanding section 24 of the
Mineral Leasing Act (30 U.S.C. 262) and the terms of any
lease under that Act, the royalty rate on the quantity of
gross value of the output of sodium compounds and related
products at the point of shipment to market from Federal land
in the 2-year period beginning on the date of enactment of
this Act shall be 4 percent.
(f) Authorization Offset.--Section 207(c) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is
amended by inserting before the period at the end the
following: ``, except that the amount authorized to be
appropriated to carry out this section not appropriated as of
the date of enactment of the Helium Stewardship Act of 2013
shall be reduced by $6,000,000''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from New Jersey (Mr. Holt)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself such time as I may
consume.
Mr. Speaker, this bipartisan legislation being considered by the
House this evening, H.R. 527, the Helium Stewardship Act, is a
commonsense action plan to protect our economy from the impending
helium shortage and to inject free market principles into our Federal
helium program.
[[Page H5820]]
The House must take action today on this legislation before time runs
out. Under current law, the Reserve must cease operations on October
1--that's only 6 days from now, Mr. Speaker. The Federal Helium Reserve
supplies one-third of the world's helium, and a disruption would cause
real harm to our Nation's economy.
Helium is essential to our 21st century economy. Without it, we
wouldn't have lifesaving MRI machines, we wouldn't have computer chips,
we wouldn't have fiber optic cables or other devices used for our
defense needs. Unless Congress takes immediate action, tens of
thousands of American jobs and critical technologies would be put at
risk.
The bill before us today is truly a bipartisan, bicameral plan that
I'm pleased to have worked on with both my Senate and House colleagues.
{time} 1800
This bill would implement a new operating system for the Federal
Helium Reserve on October 1 that would include semiannual auctions.
This will ensure that we prevent a crippling helium shortage and that
the reserve stays open until 2021, when then nearly all of the helium
supply is sold. That will give us enough time for the market to
supplant this helium that will go away. Mr. Speaker, it also ensures
that this program, Federal program, is ended.
A little history: on April 26, the House passed H.R. 527, the Helium
Stewardship Act, by a vote of 394-1. Last week, the Senate passed H.R.
527 with an amendment by a vote of 97-2.
This final text of House Resolution 354 makes several necessary,
minimal adjustments to the Senate-passed version of H.R. 527 to ensure
it abides by budget rules and laws so that it does not increase deficit
spending.
Prompt action of this final text will maintain a flow of helium for
the reserve after October 1 and prevent economic disruptions to
American jobs manufacturing critical technology and medical devices.
Mr. Speaker, nearly 100 groups representing the end users of refined
helium--and these groups are high-tech manufacturers of semiconductors,
aerospace technologies, medical devices, chemicals, fiber optics, and
science research--all have called for passage of this legislation.
We have an opportunity today to preserve our economy, bring real
reforms to a Federal program, get a better return for the taxpayer, and
in the end truly shut down an outdated Federal program. These are all
wins that we should pass this bill and celebrate these successes.
I urge adoption of the resolution, and I reserve the balance of my
time.
Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HOLT asked and was given permission to revise and extend his
remarks.)
Mr. HOLT. While the process of moving this legislation forward has
taken some time, it has also demonstrated that Members of both parties,
Members of both Houses, can work cooperatively and in good faith to
reach bipartisan solutions. This is the sort of legislative action
Americans want to see us undertaking.
The legislation before us is a version that none of us would write if
left to our own devices. Every Member who has worked on this bill,
every stakeholder affected by this bill has had to make compromises to
achieve a shared goal of maintaining the supply of helium that is
important. We have had to make substantive changes to address
legitimate policy concerns, and we have had to make technical changes
to address parliamentary and budget matters; but we have gotten the job
done. I wish we could use this as a model for the continuing
resolution, for the debt ceiling, for the farm bill, for so many other
things.
With the clock ticking, the need to get this legislation across the
finish line is urgent.
As I said when we considered this bill back in April, helium is not
used just to fill balloons. It is critical for MRI, magnetic resonant
imagining, machines; it is necessary for preparing NASA rockets for
launching; for high-tech manufacturing such as cleaning silicone chips
for integrated circuits; and for lots of important scientific research.
For many of these applications, there is simply no replacement for
helium.
Our Nation's Federal Helium Reserve supplies nearly half of the
helium used in the United States and roughly a third of all the helium
used globally. If Congress fails to pass this legislation by Monday--
the end of the current fiscal year--the Interior Department's authority
to continue operating the reserve will expire. If this is allowed to
happen, nearly half of America's helium would be cut off creating a
crisis--and that's not an overstatement--that would devastate important
sectors of America's high-tech and medical economy.
H.R. 527 would extend the life of the Federal Helium Reserve past the
end of this fiscal year and ensure a fair return to taxpayers on this
federally owned resource. It would generate more than $300 million for
American taxpayers, according to the Congressional Budget Office.
I thank Chairman Hastings, also former Ranking Member Markey and
current Ranking Member DeFazio. They deserve enormous credit for moving
this legislation forward.
This is a good bill that provides a workable solution to a real
problem, and I urge its adoption.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Oregon (Mr. Walden).
Mr. WALDEN. Mr. Speaker, I thank the chairman of the House Resources
Committee for his leadership on this and many other issues. It is so
important to America's economy and our country.
I rise today also in support of this legislation to reform the
Federal helium program and also to reduce the deficit by $90 million
over the next decade. As chairman of the Energy and Commerce
Subcommittee on Communications and Technology, I realize this is not
about balloons. This is about America's great innovation and technology
sector, about computers, and, as we heard from my colleague from New
Jersey, MRIs and our great innovation and technology. It is essential
that this become law.
At the same time, this measure also provides short-term help to rural
communities from some of the funding sources here. Those communities
are teetering on the edge of bankruptcy.
Let's be clear: that help is a lifeline, not a lifeboat. The status
quo of asking Uncle Sam for a check year after year is simply not
sustainable. However, managing our Federal forests, generating jobs and
revenue, that's sustainable.
Last week, the House passed a long-term solution for our rural
forested communities, H.R. 1526, the chairman's bill, the Healthy
Forest for the Healthy Communities Act. Now, it's time--now, it's
time--for the United States Senate to take positive action. We need to
create jobs in the woods, we need to reduce the threat of wildfire,
catastrophic wildfire, we need to improve the health of our watersheds
and our forests, we need to help our forested communities get back to
self-sufficiency, self-reliance, get people back to work in the woods.
The clock is ticking. It's time to get this done. Rural communities
cannot wait any longer.
Mr. HOLT. Mr. Speaker, I am pleased to yield 2 minutes to the
gentlelady from Connecticut (Ms. Esty).
Ms. ESTY. Mr. Speaker, I appreciate my colleague, Mr. Holt, for
giving me a moment today.
I rise to thank Chairman Hastings, Ranking Member DeFazio, and all
the other Members in the House and in the Senate who are involved in
resolving the helium reserve issue.
While Americans are rightfully frustrated with gridlock in
Washington--gridlock and posturing that right now is threatening a
government shutdown and damage to our economy--today we are voting on a
negotiated path forward, a more fair solution, that will ensure a
stable supply of helium for businesses and will reduce our deficit by
an estimated $90 million over the next 10 years.
From the beginning of the discussion over the future of the Helium
Stewardship Act this year, I've taken a keen interest in the issue, as
helium is a linchpin for Connecticut's economy. From refiners like
Praxair to end users like hospitals and manufacturers, the health of
the helium market supports thousands of jobs in my State.
[[Page H5821]]
Once again, I want to thank Chairman Hastings for working with
everyone at the table to make some last-minute changes to address
legitimate and justified concerns. This sort of bipartisan, respectful
cooperation and compromise is just what our country needs and just what
our country wants.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Pennsylvania (Mr. Dent), who has been
actively involved in this legislation since actually the issue came
before us a little over a year ago.
Mr. DENT. Mr. Speaker, I too rise in strong support today of this
legislation. I also want to extend my thanks to Chairman Hastings, to
Mr. Holt, to Ranking Member DeFazio, and the former ranking member,
Senator Markey, all for their leadership, as well as our friends in the
Senate, Senators Wyden and Murkowski. This is truly an example of a
good bipartisan piece of legislation done in a bicameral manner. I
think we can all take pride in the fact that Congress can actually get
things done when we put our minds to it.
While I had some reservations regarding the initial House bill, due
to some potential issues of potential contract violations, this bill
before us, H.R. 527, fairly addresses those concerns. I tried to
address those concerns in the previous bill. I also want to thank Ms.
Esty and Mr. Higgins from New York for their strong support in that
effort.
Again, passing this legislation will ensure continued access to the
Nation's helium supply for American businesses and researchers. As has
been stated, if no action is taken before October 1, the Bureau of Land
Management will be forced to shutter the Federal Helium Reserve,
putting at risk thousands of jobs of hardworking Americans,
particularly those in the manufacturing sector.
A steady supply of helium is absolutely essential in manufacturing
items such as MRI scanners, computer chips, and fiber optic cables. We
need to make sure that we can continue in those pursuits.
Also, it is important to many refiners, like in my district Air
Products and Chemicals, in Ms. Esty's district Praxair, Linde and
others, who are also very much involved with making sure this helium
gets to the marketplace and to the end users.
Today's action will ensure that these advanced and high-tech
manufacturers will not lose access to over one-third of the global
supply of helium at a time when a helium shortage is already in place.
Again, I want to say thanks to everybody involved--Mr. Holt and Mr.
Hastings--for their patience for listening and for coming up with a
very good solution to a very important problem.
Mr. HOLT. Let me ask the chairman if he has additional speakers.
Mr. HASTINGS of Washington. I am prepared to close if the gentleman
is prepared to close.
Mr. HOLT. Then I will close with a few remarks, again, with thanks to
the chairman; and I yield myself such time as I may consume.
Mr. Speaker, I just want to stress how important the operation of the
Federal Helium Reserve has been to science, to technology, to
manufacturing, to health care in the United States.
Three-quarters of a century ago, farsighted legislators began
stockpiling helium thinking it might be used for dirigibles and blimps
lighter than aircraft. They didn't know what else it would be used for,
but they recognized and understood that helium had some very special
properties.
Additionally, the Federal Helium Reserve--the country's domestic
stockpile of helium--has been a good investment for taxpayers. Helium
is without a doubt a rare valuable resource, critical to our economic
and national security. Because of decisions by Congress in past years,
we are now in a position where failure to act in the next 5 days will
result in nearly half of America's helium supply being cut off,
creating a crisis in health care, in research, in manufacturing, and in
many other areas.
Here we have an example of where Congress was farsighted and then
subsequently shortsighted. Today, I think we are taking wise steps to
remedy the situation.
It's important that as we make the decisions and the changes that we
make with this legislation, that we don't fail to recognize the
possible future uses, many perhaps not envisioned, and a possible
failure of the market to provide an adequate supply of helium to meet
those demands.
I know there is an ideology that's prevalent around here that for any
commodity, for any human need the market will provide. In fact, it
doesn't always. In this case, in the helium over the decades, it would
not have had it not been for the Federal reserve.
So it is important today that as we are passing this legislation, we
remember that it does require within 2 years the development of a long-
term helium strategy to secure access to helium and to minimize
disruption of a helium supply once the current reserve is shut down.
The Federal Helium Reserve over the life of this bill will generate
over $300 million for American taxpayers. Now, Mr. Speaker, the
definition of a good investment is something that returns considerably
more than you put into it. The helium reserve has been a good
investment for this country; and, frankly, the Federal Government
should be looking for more opportunities to make such investments.
If in a few years' time we realize that a Federal Helium Reserve is
necessary to secure a long-term domestic supply of helium, then I hope
we can work together in the same cooperative manner that we worked on
this to make the farsighted investments that legislators made many
decades ago to establish a Federal Helium Reserve.
I thank my colleagues on the committee, especially my friend from
Washington State, Chairman Hastings, for his work on this bipartisan
solution. I encourage my colleagues here and in the other body to get
this to the President for his signature quickly.
I urge adoption, and I yield back the balance of my time.
{time} 1815
Mr. HASTINGS of Washington. I yield myself the balance of my time.
Mr. Speaker, virtually all of my colleagues have expressed gratitude
for this bipartisan-bicameral effort, and I want to add my words to
that also.
I particularly want to thank two members of the House Natural
Resources staff--Tim Charters and Amanda Tharpe--because they worked
diligently on this, especially this last week in getting the final
language together.
It's not often that you get to thank one person who now has served in
both bodies, but former Ranking Member Ed Markey was a cosponsor
originally of H.R. 527. Senator Markey has now been a big advocate over
in the Senate, and I want to thank him and his staff.
I particularly want to thank again Senator Wyden and Senator
Murkowski and their staffs because we recognized earlier on that this
had to be done before a date certain.
Obviously, as we've said many times on this floor, there are
differences between the two bodies in how they approach different
issues--and that was certainly true with this one--but we knew we had
to get this done, so we have a piece now that, I think, both sides and
both Houses can agree on.
With that, Mr. Speaker, I urge the adoption of the resolution, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and agree to the resolution, H. Res. 354.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________