the Helium Stewardship Act of 2013

PUBLIC LAW 113–40—OCT. 2, 2013

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HELIUM STEWARDSHIP ACT OF 2013

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127 STAT. 534

PUBLIC LAW 113–40—OCT. 2, 2013

Public Law 113–40
113th Congress
An Act
Oct. 2, 2013
[H.R. 527]

Helium
Stewardship Act
of 2013.
50 USC 167 note.

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

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘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:

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‘‘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.

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PUBLIC LAW 113–40—OCT. 2, 2013

127 STAT. 535

‘‘(7) PERSON.—The term ‘person’ means any individual, corporation, partnership, firm, association, trust, estate, public
or private institution, or State or political subdivision.
‘‘(8) PRIORITY PIPELINE ACCESS.—The term ‘priority pipeline
access’ means the first priority of delivery of crude helium
under which the Secretary schedules and ensures the delivery
of crude helium to a helium refinery through the Federal
Helium System.
‘‘(9) QUALIFIED BIDDER.—
‘‘(A) IN GENERAL.—The term ‘qualified bidder’ means
a person the Secretary determines is seeking to purchase
helium for their own use, refining, or redelivery to users.
‘‘(B) EXCLUSION.—The term ‘qualified bidder’ does not
include a person who was previously determined to be
a qualified bidder if the Secretary determines that the
person did not meet the requirements of a qualified bidder
under this Act.
‘‘(10) QUALIFYING DOMESTIC HELIUM TRANSACTION.—The
term ‘qualifying domestic helium transaction’ means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase
or sale of at least 15,000,000 standard cubic feet of crude
or pure helium to which any holder of a contract with the
Secretary for the acceptance, storage, delivery, or redelivery
of crude helium from the Federal Helium System is a party.
‘‘(11) REFINER.—The term ‘refiner’ means a person with
the ability to take delivery of crude helium from the Federal
Helium Pipeline and refine the crude helium into pure helium.
‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’.
SEC. 3. AUTHORITY OF SECRETARY.

Section 3 of the Helium Act (50 U.S.C. 167a) is amended
by adding at the end the following:
‘‘(c) EXTRACTION OF HELIUM FROM DEPOSITS ON FEDERAL
LAND.—All amounts received by the Secretary from the sale or
disposition of helium on Federal land shall be credited to the
Helium Production Fund established under section 6(e).’’.
SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION.

Section 5 of the Helium Act (50 U.S.C. 167c) is amended to
read as follows:

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‘‘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.

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127 STAT. 536

PUBLIC LAW 113–40—OCT. 2, 2013

‘‘(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.

Applicability.

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‘‘(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;

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127 STAT. 537

‘‘(C) to manage crude helium sales according to the
ability of the Secretary to extract and produce helium
from the Federal Helium Reserve;
‘‘(D) to give priority to meeting the helium demand
of Federal users in the event of any disruption to the
Federal Helium Reserve; and
‘‘(E) to carry out this subsection with minimum market
disruption.
‘‘(2) 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:

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PUBLIC LAW 113–40—OCT. 2, 2013
‘‘(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;

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127 STAT. 539

‘‘(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).

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‘‘(4) COSTS.—All costs associated with the sale and disposal
(including costs associated with termination of personnel) and
with the cessation of activities under this subsection shall be
paid from amounts available in the Helium Production Fund
established under subsection (e).
‘‘(e) HELIUM PRODUCTION FUND.—
‘‘(1) IN GENERAL.—All amounts received under this Act,
including amounts from the sale or auction of crude helium,
shall be credited to the Helium Production Fund, which shall
be available without fiscal year limitation for purposes determined to be necessary and cost effective by the Secretary to
carry out this Act (other than sections 16, 17, and 18), including
capital investments in upgrades and maintenance at the Federal Helium System, including—
‘‘(A) well head maintenance at the Cliffside Field;
‘‘(B) capital investments in maintenance and upgrades
of facilities that pressurize the Cliffside Field;
‘‘(C) capital investments in maintenance and upgrades
of equipment related to the storage, withdrawal, enrichment, transportation, purification, and sale of crude helium
from the Federal Helium Reserve;
‘‘(D) entering into purchase, lease, or other agreements
to drill new or uncap existing wells to maximize the
recovery of crude helium from the Federal Helium System;
and
‘‘(E) any other scheduled or unscheduled maintenance
of the Federal Helium System.
‘‘(2) EXCESS FUNDS.—Amounts in the Helium Production
Fund in excess of amounts the Secretary determines to be
necessary to carry out paragraph (1) shall be paid to the general
fund of the Treasury and used to reduce the annual Federal
budget deficit.
‘‘(3) RETIREMENT OF PUBLIC DEBT.—Out of amounts paid
to the general fund of the Treasury under paragraph (2), the
Secretary of the Treasury shall use $51,000,000 to retire public
debt.
‘‘(4) REPORT.—Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013 and annually
thereafter, the Secretary of the Interior shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a report describing all expenditures by the Bureau
of Land Management to carry out this Act.
‘‘(f) MINIMUM QUANTITY.—The Secretary shall offer for sale
or auction during each fiscal year under subsections (a), (b), and
(c) a quantity of crude helium that is the lesser of—
‘‘(1) the quantity of crude helium offered for sale by the
Secretary during fiscal year 2012; or
‘‘(2) the maximum total production capacity of the Federal
Helium System.’’.

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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

Repeal.

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(3) by inserting after section 14 (50 U.S.C. 167l) the following:

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‘‘SEC. 15. INFORMATION.

50 USC 167m.

‘‘(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

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PUBLIC LAW 113–40—OCT. 2, 2013
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.

50 USC 167n.

‘‘SEC. 16. HELIUM GAS RESOURCE ASSESSMENT.

Deadline.

‘‘(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.

Reports.

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50 USC 167o.

‘‘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;

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‘‘(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.

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‘‘SEC. 18. HELIUM-3 SEPARATION.

50 USC 167p.

‘‘(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 helium3 from crude helium; and
‘‘(2) exploring other potential sources of the isotope helium3.
‘‘(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.

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127 STAT. 544

PUBLIC LAW 113–40—OCT. 2, 2013

50 USC 167q.

‘‘SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY.

Deadline.
Reports.

‘‘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.

Repeal.

(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.

50 USC 167 note.

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).
50 USC 167 note.

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.

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SEC. 10. AMENDMENTS TO OTHER LAWS.

(a) SECURE RURAL SCHOOLS
PROGRAM.—
(1) SECURE PAYMENTS
TAINING FEDERAL LAND.—

AND

COMMUNITY SELF DETERMINA-

TION

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PUBLIC LAW 113–40—OCT. 2, 2013

127 STAT. 545

(A) AVAILABILITY OF PAYMENTS.—Section 101 of the
Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7111) is amended by striking ‘‘2012’’
each place it appears and inserting ‘‘2013’’.
(B) ELECTIONS.—Section 102(b) of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7112(b)) is amended—
(i) in paragraph (1)(A), by striking ‘‘2012’’ and
inserting ‘‘2013’’; and
(ii) in paragraph (2)(B), by striking ‘‘2012’’ each
place it appears and inserting ‘‘2013’’.
(C) DISTRIBUTION OF PAYMENTS TO ELIGIBLE COUNTIES.—Section 103(d)(2) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7113(d)(2)) is amended by striking ‘‘and 2012’’ and inserting
‘‘through 2013’’.
(2) CONTINUATION OF AUTHORITY TO CONDUCT SPECIAL
PROJECTS ON FEDERAL LAND.—Title II of the Secure Rural
Schools and Community Self-Determination Act of 2000 is
amended—
(A) in section 203(a)(1) (16 U.S.C. 7123(a)(1)), by
striking ‘‘2012’’ and inserting ‘‘2013’’;
(B)
in
section
204(e)(3)(B)(iii)
(16
U.S.C.
7124(e)(3)(B)(iii)), by striking ‘‘2012’’ and inserting ‘‘2013’’;
(C) in section 205(a)(4) (16 U.S.C. 7125(a)(4)), by
striking ‘‘2011’’ each place it appears and inserting ‘‘2012’’;
(D) in section 207(a) (16 U.S.C. 7127(a)), by striking
‘‘2012’’ and inserting ‘‘2013’’; and
(E) in section 208 (16 U.S.C. 7128)—
(i) in subsection (a), by striking ‘‘2012’’ and
inserting ‘‘2013’’; and
(ii) in subsection (b), by striking ‘‘2013’’ and
inserting ‘‘2014’’.
(3) CONTINUATION OF AUTHORITY TO RESERVE AND USE
COUNTY FUNDS.—Section 304 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7144)
is amended—
(A) in subsection (a), by striking ‘‘2012’’ and inserting
‘‘2013’’; and
(B) in subsection (b), by striking ‘‘2013’’ and inserting
‘‘2014’’.
(4) AUTHORIZATION OF APPROPRIATIONS.—Section 402 of the
Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7152) is amended by striking ‘‘2012’’ and
inserting ‘‘2013’’.
(b) ABANDONED WELL REMEDIATION.—Section 349 of the Energy
Policy Act of 2005 (42 U.S.C. 15907) is amended by adding at
the end the following:
‘‘(i) FEDERALLY DRILLED WELLS.—Out of any amounts in the
Treasury not otherwise appropriated, $10,000,000 for fiscal year
2014, $36,000,000 for fiscal year 2015, and $4,000,000 for fiscal
year 2019 shall be made available to the Secretary, without further
appropriation and to remain available until expended, to remediate,
reclaim, and close abandoned oil and gas wells on current or former
National Petroleum Reserve land.’’.

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127 STAT. 546

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30 USC 262 note.

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PUBLIC LAW 113–40—OCT. 2, 2013

(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.
ON
WAIVER.—Notwithstanding
‘‘(B)
LIMITATION
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

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PUBLIC LAW 113–40—OCT. 2, 2013

127 STAT. 547

the Helium Stewardship Act of 2013 shall be reduced by
$6,000,000’’.

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Approved October 2, 2013.

LEGISLATIVE HISTORY—H.R. 527:
HOUSE REPORTS: No. 113–42 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 159 (2013):
Apr. 25, 26, considered and passed House.
Sept. 19, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendment with an amendment pursuant to H. Res. 354.
Sept. 26, Senate concurred in House amendment.

Æ

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