Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	4,376	n/a	n/a
Reported in House	5,118	56	20%
Engrossed in House	5,114	13	11%
Referred in Senate	5,067	5 Show Changes Hide Changes	1%

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HR 527 EHRFSCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 527CommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Responsible Helium Administration and Stewardship Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

Section 2 of the Helium Act (50 U.S.C. 167) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(4) FEDERAL HELIUM RESERVE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘Federal Helium Reserve’ means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘Federal Helium Reserve’ includes--CommentsClose CommentsPermalink





‘(i) the Cliffside Gas Field helium storage reservoir; andCommentsClose CommentsPermalink





‘(ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium.CommentsClose CommentsPermalink





‘(5) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term ‘qualifying domestic helium transaction’--CommentsClose CommentsPermalink





‘(A) except as provided in subparagraph (B), means any new or newly renegotiated agreement for the purchase or sale of at least 15,000,000 standard cubic feet of crude helium or bulk liquid helium delivered in the United States in the most recent full fiscal year; andCommentsClose CommentsPermalink





‘(B) does not include any purchase of crude helium from the Secretary.CommentsClose CommentsPermalink





‘(6) TOLLING AGREEMENT- The term ‘tolling agreement’ means an agreement between a helium refiner and another party under which the helium refiner agrees to process the other person’s helium at an agreed upon price.’.CommentsClose CommentsPermalink

SEC. 3. SALE AND AUCTION OF CRUDE HELIUM.

(a) In General- Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 6. SALE OF HELIUM.

‘(a) Phase A: Finalizing Debt Payoff-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the Secretary shall offer for sale crude helium for Federal, medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption.CommentsClose CommentsPermalink





‘(2) MINIMUM QUANTITY- The Secretary shall offer for sale during each fiscal year under paragraph (1) a quantity of crude helium equivalent to the quantity of crude helium produced from the Federal Helium Reserve during fiscal year 2012.CommentsClose CommentsPermalink





‘(3) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, research and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary.CommentsClose CommentsPermalink





‘(4) PRICES AND DETERMINATIONS- Sales of crude helium by the Secretary under this subsection shall be at prices established by the Secretary that shall not be less than the price in the last sale of crude helium from the Federal Helium Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act, except that any sale to a person referred to in paragraph (3) for a purchase authorized by that paragraph shall be at a price specified by the Secretary.CommentsClose CommentsPermalink





‘(5) DURATION- This subsection applies during the period--CommentsClose CommentsPermalink





‘(A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; andCommentsClose CommentsPermalink





‘(B) ending on the expiration of the one-year period following such date of enactment.CommentsClose CommentsPermalink





‘(b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall offer for sale at auction, as described in subsection (d), crude helium for medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary--CommentsClose CommentsPermalink





‘(A) to maximize total recovery and conservation of helium from the Federal Helium Reserve;CommentsClose CommentsPermalink





‘(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve;CommentsClose CommentsPermalink





‘(C) to respond to helium market supply and demand and minimize market disruption; andCommentsClose CommentsPermalink





‘(D) to give priority to meeting the helium demand of Federal users through purchases under paragraph (2).CommentsClose CommentsPermalink





‘(2) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Any Federal agency, and any holder of 1 or more Federal research grants, may purchase refined helium for Federal, medical, research, and scientific uses from an eligible person. The Secretary shall then provide an equivalent volume of crude helium to the eligible person as if the eligible person was the successful bidder for the helium at auction. Provision of helium by the Secretary under this paragraph shall not be considered a sale of helium by the Secretary at auction. The Secretary shall provide such helium at the minimum price established by the Secretary for the most recent auction held under this subsection or such other price as may be specified by the Secretary.CommentsClose CommentsPermalink





‘(3) ELIGIBLE PERSON- For purposes of this subsection, the term ‘eligible person’ means a helium distributer who is registered as such with the Secretary.CommentsClose CommentsPermalink





‘(4) DURATION- This subsection applies during the period--CommentsClose CommentsPermalink





‘(A) beginning on the expiration of the period described in subsection (a)(5)(B); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(5) MAXIMUM ANNUAL SALES- Notwithstanding any provision of subsection (d), for each fiscal year, the Secretary may not offer or provide for sale under this subsection a total volume of crude helium that exceeds the lesser of--CommentsClose CommentsPermalink





‘(A) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; andCommentsClose CommentsPermalink





‘(B) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year.CommentsClose CommentsPermalink





‘(c) Phase C: Access for Federal Users-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may offer for sale crude helium for Federal uses (including medical, research, and scientific uses) in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection.CommentsClose CommentsPermalink





‘(2) PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants related to helium or the use of helium, may purchase refined helium under this subsection for Federal uses (including medical, research, and scientific uses) from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary.CommentsClose CommentsPermalink





‘(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B).CommentsClose CommentsPermalink





‘(d) Auction and Minimum Prices Determination-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Sales of crude helium by the Secretary in auctions under subsection (b) shall be conducted under the conditions described in this section and at no less than the minimum price established by the Secretary.CommentsClose CommentsPermalink





‘(2) AUCTION- The Secretary shall conduct such auctions of crude helium as soon as practical but no later than beginning 180 days after the first day of the period described in subsection (b)(4), under the following conditions:CommentsClose CommentsPermalink





‘(A) 60 percent of the volume of crude helium made available in each auction shall be made available to entities that can show the Secretary they have either adequate refining capacity or tolling agreements for refining in place, in accordance with the conditions set forth in paragraph (3).CommentsClose CommentsPermalink





‘(B) 20 percent of the volume of crude helium made available in each auction shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3).CommentsClose CommentsPermalink





‘(C) In each auction after the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary shall make available an additional volume of crude helium, in an amount equivalent to the amount made available under subparagraph (B) that the Secretary certifies can be refined, through tolling agreements or otherwise. Of such additional volume, a person may not acquire in the auction a volume in excess of the volume they demonstrate to the Secretary they have the ability to refine through either refining capacity or tolling agreements.CommentsClose CommentsPermalink





‘(D) The Secretary shall conduct such auctions at such times as the Secretary determines necessary to ensure a reliable supply of helium and a fair return to taxpayers, but no less frequently than 2 times each fiscal year.CommentsClose CommentsPermalink





‘(E) For purposes of the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary may revise the percentage under subparagraph (A) so as to make available for auction 100 percent of the volume of crude helium intended to be offered.CommentsClose CommentsPermalink





‘(F) The Secretary may adjust the percentages and amount specified in subparagraphs (A) through (C), respectively, in any auction if the Secretary determines the adjustment is necessary to--CommentsClose CommentsPermalink





‘(i) respond to market supply and demand and minimize market disruption; orCommentsClose CommentsPermalink





‘(ii) increase participation in helium auctions.CommentsClose CommentsPermalink





‘(G) The Secretary may conduct an auction no more frequently than once each fiscal year of an amount of helium equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year. Such amount of crude helium shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). Notwithstanding paragraph (3)(C), for crude helium sold in such an auction the Secretary shall begin charging a storage fee under clause (i) of that paragraph beginning 1 year after the date of such auction, and shall begin charging increasing storage fees under clause (ii) of that paragraph beginning 270 days after beginning charging storage fees under clause (i) of that paragraph.CommentsClose CommentsPermalink





‘(3) AUCTION CONDITIONS-CommentsClose CommentsPermalink





‘(A) BIDDING METHOD- The Secretary shall conduct each auction by sealed bid for predetermined volume lots, unless the Secretary determines that an alternative bidding method may result in more revenue to the Federal Government or may increase participation in the auction.CommentsClose CommentsPermalink





‘(B) BIDDER QUALIFICATIONS AND LIMITS- In carrying out an auction under subsection (b), the Secretary--CommentsClose CommentsPermalink





‘(i) may accept bids only from persons the Secretary determines are seeking to purchase helium for their own use, for refining, or for delivery to users; andCommentsClose CommentsPermalink





‘(ii) may not award to a person more than 30 percent of the total volume of crude helium offered in that auction, except that the Secretary may adjust such limitation based on the number of bidders in the auction.CommentsClose CommentsPermalink





‘(C) STORAGE FEES- In each auction the Secretary--CommentsClose CommentsPermalink





‘(i) shall begin charging each winning bidder a storage fee for crude helium purchased by the bidder that remains in the Federal Helium Reserve, beginning on the date the Secretary receives payment of the purchase price for the helium; andCommentsClose CommentsPermalink





‘(ii) beginning 270 days after the date of the auction, shall charge increasing storage fees that will encourage the withdrawal of the helium no later than 2 years after the date of the auction.CommentsClose CommentsPermalink





‘(4) DETERMINATION OF MINIMUM SALE PRICE- The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using--CommentsClose CommentsPermalink





‘(A) a confidential survey of qualifying domestic helium transactions to which any holder of a contract with the Secretary for the acceptance, storage, and redelivery of crude helium in the Cliffside Gas Field helium storage reservoir is a party;CommentsClose CommentsPermalink





‘(B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years;CommentsClose CommentsPermalink





‘(C) the volume-weighted average cost among helium refiners, producers, and liquefiers, in dollars per thousand cubic feet, of converting gaseous crude helium into bulk liquid helium;CommentsClose CommentsPermalink





‘(D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium; andCommentsClose CommentsPermalink





‘(E) the sale price for crude helium offered in the most recent auction under paragraph (2)(G).CommentsClose CommentsPermalink





‘(5) AUTHORITY OF SECRETARY- The Secretary shall--CommentsClose CommentsPermalink





‘(A) require all persons that are parties to a contract with the Secretary for the acceptance, storage, and redelivery of crude helium to disclose, on a strictly confidential basis in dollars per thousand cubic feet, the weighted average price of all crude helium and bulk liquid helium purchased, sold, or processed by the persons in all qualifying domestic helium transactions during the fiscal year;CommentsClose CommentsPermalink





‘(B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); andCommentsClose CommentsPermalink





‘(C) adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure robust protection of the confidentiality of data submitted by private persons.CommentsClose CommentsPermalink





‘(6) CHANGES IN MINIMUM PRICE- If the Secretary believes that the minimum price as determined by the survey under paragraph (4)(A) may not be reflective of the current market value of helium, or if a higher minimum price may result in greater conservation of the Federal crude helium resource, the Secretary may change the minimum price charged for crude helium sold under this section by up to 10 percent of the price determined under paragraph (4). If at any sale in which the minimum price is increased under this paragraph all crude helium offered is sold at the increased price, the Secretary shall consider that increased price to be the minimum price determined under paragraph (4) for all future sales of crude helium under this section unless that price is further changed in accordance with this paragraph.CommentsClose CommentsPermalink





‘(7) ENSURING FAIR AND NONDISCRIMINATORY ACTS AND PRACTICES- The Secretary may issue such rules and regulations with respect to ensure bidding, transfer, and refining of helium produced from or held in the Federal Helium Reserve as may be necessary to ensure fair and nondiscriminatory acts and practices.CommentsClose CommentsPermalink





‘(8) AUCTION RECORDS-CommentsClose CommentsPermalink





‘(A) FURNISHING RECORDS- Every person participating in auctions of helium from the Federal Helium Reserve shall furnish to the Secretary on request such records of transactions in helium auctions as the Secretary may require to reconstruct bidding or trading in the course of a particular inquiry or investigation being conducted by the Secretary for enforcement or surveillance purposes. In requiring information pursuant to this paragraph, the Secretary shall specify the information required, the period for which it is required, and the time and date on which the information must be furnished.CommentsClose CommentsPermalink





‘(B) REPORTING REQUIREMENTS- The Secretary may issue rules to require persons participating in helium auctions to file such reports as the Secretary determines to be necessary for purposes of this Act.CommentsClose CommentsPermalink





‘(C) RECORDKEEPING REQUIREMENTS- Rules under this subsection may require specified persons to make and keep for prescribed periods such records as the Secretary determines are necessary or appropriate to ensure that such persons can comply with reporting requirements under this subsection.CommentsClose CommentsPermalink





‘(D) LIMITATION ON DISCLOSURE OF INFORMATION- Notwithstanding any other provision of law, the Secretary shall not be compelled to disclose any proprietary information required to be kept or reported under this subsection. Nothing in this subsection authorizes the Secretary to withhold information from Congress, prevents the Secretary from complying with a request for information from any other Federal department or agency requesting information for purposes within the scope of its jurisdiction, or prevents the Secretary from complying with an order of a court of the United States in an action brought by the United States or by the Secretary.CommentsClose CommentsPermalink





‘(e) Helium Production Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- All amounts received under this Act shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this subsection.CommentsClose CommentsPermalink





‘(2) ADMINISTRATIVE EXPENSES- Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act.CommentsClose CommentsPermalink





‘(3) REPAYMENT AMOUNTS- During the period described in subsection (a)(4), amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to conduct helium auctions and otherwise administer this Act shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995.CommentsClose CommentsPermalink





‘(4) CAPITAL INVESTMENTS AND MAINTENANCE- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (3) may be used to fund the following capital investments in upgrades and maintenance at the Federal Helium reserve:CommentsClose CommentsPermalink





‘(A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir.CommentsClose CommentsPermalink





‘(B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir.CommentsClose CommentsPermalink





‘(C) Capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at the Cliffside Gas Field helium storage reservoir.CommentsClose CommentsPermalink





‘(D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline.CommentsClose CommentsPermalink





‘(5) EXCESS FUNDS AND DEFICIT REDUCTION- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (4) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit.CommentsClose CommentsPermalink





‘(f) Extraction of Helium From Deposits on Federal Land- All amounts received by the Secretary from the sale or disposition of crude helium on Federal land shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995.CommentsClose CommentsPermalink





‘(g) Maintenance of Helium Supply- The Secretary shall ensure that there is no disruption in the supply of helium from the Federal Helium Reserve during the transition between phases of helium sales under subsections (a), (b), and (c).’.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing all expenditures by the Bureau of Land Management for operation and maintenance of the Federal Helium Reserve (as that term is defined in the amendment made by section 2(3)), investments made by the Bureau for such reserve, and scheduled or unscheduled maintenance of such reserve or its infrastructure to be conducted by the Bureau.CommentsClose CommentsPermalink

SEC. 4. BLM TRANSPARENCY REQUIREMENTS TO FACILITATE MARKET AND SUPPLY CHAIN INFORMATION.

The Helium Act (50 U.S.C. 167 et seq.) is further amended by redesignating sections 15 and 17 as sections 17 and 18, and by inserting after section 14 the following:CommentsClose CommentsPermalink

‘SEC. 15. PIPELINE ACCESS.

‘(a) Annual Report- The Secretary, acting through the Bureau of Land Management, shall make available on the Internet the current refining capacity on the Federal Helium Reserve pipeline, including--CommentsClose CommentsPermalink





‘(1) refinery capacity and future capacity estimates;CommentsClose CommentsPermalink





‘(2) ownership of federally auctioned helium held in the Federal Helium Reserve;CommentsClose CommentsPermalink





‘(3) volume of helium delivered to individual buyers through such pipeline;CommentsClose CommentsPermalink





‘(4) for each helium refiner--CommentsClose CommentsPermalink





‘(A) the number of tolling agreements entered into before October 1, 2013; andCommentsClose CommentsPermalink





‘(B) for each fiscal year thereafter--CommentsClose CommentsPermalink





‘(i) the number of tolling agreements entered into;CommentsClose CommentsPermalink





‘(ii) the number of tolling requests received; andCommentsClose CommentsPermalink





‘(iii) the total volume of helium refined under each tolling agreement entered into;CommentsClose CommentsPermalink





‘(5) pipeline pressure constraints; andCommentsClose CommentsPermalink





‘(6) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners.CommentsClose CommentsPermalink





‘(b) New Refining Capacity- The Secretary shall take any applications for new refining capacity on the Federal Helium Reserve pipeline. To create more competition, any new refining capacity added to the Federal Helium Reserve pipeline system shall be granted access to crude helium that is equal to the access provided to existing refining facilities.CommentsClose CommentsPermalink





‘(c) Access by Purchasers of Helium- The Secretary shall manage Federal Helium Reserve pipeline access in a competitive manner to ensure that all persons purchasing helium have equal access to timing and delivery of the helium, subject to the capacity of the system.CommentsClose CommentsPermalink





‘(d) Scheduling Deliveries- The Secretary shall, to the greatest extent practicable, make the scheduling of crude helium deliveries through the Federal Helium Reserve pipeline open and transparent to all purchasers of helium through the auction process, and to the public if the Secretary believes that it is in the national interest.CommentsClose CommentsPermalink





‘(e) Scheduling Priority-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In scheduling crude helium deliveries through the Federal Helium Reserve pipeline the Secretary shall grant pipeline access in the following order of priority:CommentsClose CommentsPermalink





‘(A) Helium held in the Reserve as a result of a purchase under subsection (b)(2).CommentsClose CommentsPermalink





‘(B) Helium sold at auction being delivered to fulfill a tolling agreement.CommentsClose CommentsPermalink





‘(C) Other helium sold at auction.CommentsClose CommentsPermalink





‘(D) Helium held in the Reserve as a result of a crude helium exchange resulting from any temporary shutdown of the Reserve or of a refinery on the Reserve pipeline.CommentsClose CommentsPermalink





‘(E) Helium held in inventory in the Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act.CommentsClose CommentsPermalink





‘(2) In scheduling such deliveries of helium described in each of subparagraphs (A) through (E) of paragraph (1), the Secretary shall grant pipeline access based on the following order of priority:CommentsClose CommentsPermalink





‘(A) The price paid to the United States for the helium, giving higher priority to helium for which a greater price was paid.CommentsClose CommentsPermalink





‘(B) The date the helium was purchased from the Secretary, giving higher priority to helium purchased on an earlier date.CommentsClose CommentsPermalink





‘(C) Any other factor the Secretary considers appropriate to prioritize delivery.CommentsClose CommentsPermalink

‘SEC. 16. BLM REPORTING REQUIREMENTS TO FACILITATE SUPPLY CHAIN INFORMATION.

‘(a) In General- In order to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish, no later than 90 days after the date of enactment of the Responsible Helium Administration and Stewardship Act, a real-time reporting process, including reporting over the Internet, to provide data that will affect the helium industry, including such effects for all persons in such industry from crude helium suppliers to end users.CommentsClose CommentsPermalink





‘(b) Included Information- Information provided under this section shall include the following:CommentsClose CommentsPermalink





‘(1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following:CommentsClose CommentsPermalink





‘(A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline.CommentsClose CommentsPermalink





‘(B) The nature of work to be undertaken, whether routine, extended, or extraordinary.CommentsClose CommentsPermalink





‘(C) The anticipated impact on the helium supply.CommentsClose CommentsPermalink





‘(D) The efforts to minimize any impact on the supply chain.CommentsClose CommentsPermalink





‘(E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline.CommentsClose CommentsPermalink





‘(2) For each unplanned outage, the following:CommentsClose CommentsPermalink





‘(A) The beginning of the outage.CommentsClose CommentsPermalink





‘(B) The expected duration of outage.CommentsClose CommentsPermalink





‘(C) A description of the problem.CommentsClose CommentsPermalink





‘(D) The estimated impact on helium supply.CommentsClose CommentsPermalink





‘(E) A plan to correct problems, an estimate of the potential timeframe for correction, and the likelihood of plan success within the timeframe.CommentsClose CommentsPermalink





‘(F) Efforts to minimize negative impacts on the helium supply chain.CommentsClose CommentsPermalink





‘(G) Updates on repair status and the anticipated online date.CommentsClose CommentsPermalink





‘(3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including--CommentsClose CommentsPermalink





‘(A) publication of the minutes of each meeting between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including attendees and their affiliations, on the Internet site of the Bureau within 1 week after the meeting; andCommentsClose CommentsPermalink





‘(B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program.CommentsClose CommentsPermalink





‘(4) Current predictions of the lifespan of the Federal Helium Reserve, including how much longer such crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium Reserve for the following fiscal year.’.CommentsClose CommentsPermalink

SEC. 5. HELIUM RESOURCE ASSESSMENT AND HELIUM-3 SEPARATION.

(a) Helium Gas Resource Assessment- Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall--CommentsClose CommentsPermalink





(1) in coordination with appropriate heads of State geological surveys--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) in consultation with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete--CommentsClose CommentsPermalink





(A) an assessment of trends in global demand for helium, including the isotope helium-3;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) an inventory of medical, research, scientific, industrial, commercial, and other uses of helium in the United States, including Federal and commercial helium 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;CommentsClose CommentsPermalink





(4) complete an assessment of options for ensuring a domestic helium supply in the future, including--CommentsClose CommentsPermalink





(A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; andCommentsClose CommentsPermalink





(B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; andCommentsClose CommentsPermalink





(5) submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the assessments required under this subsection.CommentsClose CommentsPermalink





(b) Helium-3 Separation-CommentsClose CommentsPermalink





(1) INTERAGENCY COOPERATION- The Secretary of the Interior shall cooperate with the Secretary of Energy, or a designee of the Secretary of Energy, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve (as that term is defined in the amendments made by section 2) or along the Federal Helium Reserve pipeline system, including--CommentsClose CommentsPermalink





(A) gas analysis;CommentsClose CommentsPermalink





(B) infrastructure studies; andCommentsClose CommentsPermalink





(C) cooperation with private helium refiners.CommentsClose CommentsPermalink





(2) FEASIBILITY STUDY- The Secretary of the Interior shall assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at--CommentsClose CommentsPermalink





(A) the Federal Helium Reserve; orCommentsClose CommentsPermalink





(B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system.CommentsClose CommentsPermalink





(3) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains a description of the results of the assessments conducted under this subsection.CommentsClose CommentsPermalink

SEC. 6. ADDITIONAL CONNECTIONS TO THE FEDERAL HELIUM RESERVE.

The Secretary of the Interior may allow any person not connected to the Federal Helium Reserve, as that term is defined under section 2 of the Helium Act (50 U.S.C. 167), as amended by this Act, to connect to the Federal Helium Reserve for the purpose of storing helium, subject to such storage fees as may be required by the Secretary. Withdrawal of such helium shall be governed by that Act.CommentsClose CommentsPermalink

Passed the House of Representatives April 26, 2013.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

113th CONGRESS

1st Session

H. R. 527

AN ACT

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

Clerk.CommentsClose CommentsPermalink