US HB527 | 2013-2014 | 113th Congress
Status
May 6 2013 - Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Pending: Senate Energy And Natural Resources Committee
Text: Latest bill text (Engrossed) [PDF]
Pending: Senate Energy And Natural Resources Committee
Text: Latest bill text (Engrossed) [PDF]
Summary
Responsible Helium Administration and Stewardship Act - (Sec. 2) Amends the Helium Act to define the "Federal Helium Reserve" as the Bureau of Land Management (BLM) Cliffside Gas Field and supporting infrastructure, including: (1) the Cliffside Gas Field helium storage reservoir; and (2) all associated infrastructure owned, leased, or managed under contract by the Secretary of the Interior (Secretary) for helium storage, transportation, withdrawal, purification, or management. Defines "qualifying domestic helium transaction" as any new or newly negotiated agreement for the purchase or sale of at least 15 million standard cubic feet of crude helium or bulk liquid helium delivered in the United States in the most recent full fiscal year, excluding the purchase of crude helium from the Secretary. (Sec. 3) Revises requirements for the sale of helium by dividing sales into three phases: (1) Phase A: Finalizing Debt Payoff, (2) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer, and (3) Phase C: Access for Federal Users. Directs the Secretary (who currently is merely authorized) to offer for sale crude helium for federal, medical, research, scientific, and commercial uses (stated uses) in such quantities, at such times, and under such conditions (stated conditions) as necessary to carry out Phase A with minimum market disruption. Requires the Secretary, during Phase A, to offer for sale during each fiscal year a quantity of crude helium equivalent to the quantity of crude helium produced from the Federal Helium Reserve during FY2012. Authorizes agencies and holders of federal research grants to purchase refined helium during Phase A from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. Requires the Secretary to establish prices for crude helium sales during Phase A that are not less than the price in the last sale of crude helium from the Reserve before enactment of this Act, except that any sale to agencies or grant holders for an authorized purchase shall be at a price specified by the Secretary. Terminates Phase A one year after this Act's enactment. Requires the Secretary, during Phase B, to offer for sale at auction crude helium for the stated uses and under the stated conditions as necessary to: (1) maximize total recovery and conservation of helium from the Reserve; (2) manage crude helium sales according to the Secretary's ability to extract and produce helium from the Reserve; (3) respond to helium market supply and demand and minimize market disruption; and (4) give priority to meeting the helium demand of federal users through certain in-kind purchases by federal agencies and grantees. Authorizes federal agencies and holders of federal research grants, during Phase B, to purchase refined helium for federal, medical, research, and scientific uses from a helium distributer registered with the Secretary. Requires the Secretary then to provide an equivalent volume of crude helium to the distributer as if the distributer was the successful bidder for the helium at auction, and at the minimum price established for the most recent auction or another price specified by the Secretary. Terminates Phase B when the volume of recoverable crude helium at the Reserve (other than privately owned quantities of crude helium stored there temporarily) is 3 billion standard cubic feet. Limits the total volume of crude helium offered for sale during a fiscal year to the lesser of: (1) the Reserve's projected maximum total production capacity, or (2) the maximum refining capacity of persons connected by pipeline to the Reserve. Authorizes the Secretary during Phase C to offer crude helium for sale for federal uses (including medical, research, and scientific uses) under the stated conditions as necessary to carry out Phase C. Authorizes federal agencies and holders of federal helium-related research grants to purchase refined helium under such Phase from persons with enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. Requires sales of crude helium by the Secretary in each Phase B auction to be conducted under the following conditions: (1) at least 60% (adjustable up to 100%) of the volume sold shall be made available to entities with either adequate refining capacity or tolling agreements for refining in place; (2) 20% of the volume sold shall be made available to any bidder, under specific conditions; and (3) up to an additional 20% volume that can be refined shall be made available in auctions after the first one through tolling agreements or otherwise. Authorizes the Secretary to adjust such percentages and amounts in any auction if necessary to respond to market supply and demand and minimize market disruption or increase auction participation. Requires the Secretary to conduct auctions under Phase B: (1) within 180 days after the end of Phase A; and (2) when necessary to ensure a reliable supply of helium and a fair return to taxpayers, but at least twice each fiscal year. Requires the Secretary to conduct each auction by sealed bid for predetermined volume lots, unless an alternative bidding method may result in more revenue to the government or increase auction participation. Authorizes the Secretary to conduct a forward auction, available to any bidder, once each fiscal year for up to 10% of the volume of crude helium to be made available at auction during the following fiscal year. Directs the Secretary, in carrying out a Phase B auction, to accept bids only from persons seeking to purchase helium for their own use, for refining, or for delivery to users. Prohibits the award to a person in a Phase B auction of more than 30% of the total volume offered, except that the Secretary may adjust such limitation based on the number of bidders. Requires the Secretary to charge each winning bidder a storage fee for purchased crude helium that remains in the Reserve. Requires the Secretary to determine minimum sale prices under Phase B using specified factors. Authorizes the Secretary to change the minimum price charged for crude helium sold by up to 10% if the Secretary believes that it may not reflect the current market value of helium, or if a higher minimum price may result in greater conservation of the federal crude helium resource. Directs the Secretary to: (1) require all parties to a contract for the acceptance, storage, and redelivery of crude helium to disclose, on a confidential basis, the weighted average price of all crude helium and bulk liquid helium purchased, sold, or processed by them in qualifying domestic helium transactions during the fiscal year; and (2) appoint a qualified independent third party to perform data collection and analysis for a confidential survey to assist in determining the minimum sale price. Requires auction participants to furnish, upon request, auction transaction records required by the Secretary to reconstruct bidding or trading in the course of a particular inquiry or investigation conducted for enforcement or surveillance purposes. Authorizes the use of the Helium Production Fund (HP Fund) to conduct helium auction and otherwise administer the Act. Requires transfer to the Treasury general fund during a specified period, to reduce the annual federal budget deficit, of any amounts in the HP Fund exceeding those needed for auctions and general administration. Authorizes the use of remaining amounts in the HP Fund for the following capital investments in upgrades and maintenance at the Reserve: (1) wellhead maintenance at the Cliffside Gas Field helium storage reservoir; (2) capital investments in maintenance and upgrades of facilities that pressurize such reservoir; (3) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at such reservoir; and (4) any other maintenance of such reservoir and helium pipeline. Requires payment to the Treasury general fund of all amounts received from the sale or disposition of crude helium on federal land, and the crediting of such amounts against all amounts required to be repaid to the United States under the Act as of October 1, 1995. Requires the Secretary to ensure that there is no disruption in the supply of helium from the Reserve during the transition between phases of helium sales. (Sec. 4) Directs the Secretary, acting through the BLM, to: (1) publicize on the Internet certain information regarding the current refining capacity on the Federal Helium Reserve pipeline, and (2) take any applications for new refining capacity on the pipeline. Requires any such new refining capacity added to the pipeline system to be granted access to crude helium equal to the access provided to existing refining facilities. Requires the Secretary, in scheduling crude helium deliveries through such pipeline, to grant pipeline access in a specified order of priority. Requires the BLM Director to establish a real-time reporting process, including reporting over the Internet, providing specified data affecting the helium industry (including effects for all industry persons from crude helium suppliers to end users). (Sec. 5) Directs the Secretary to: (1) complete a national helium gas resource assessment identifying the quantity of helium in each reservoir (including the isotope helium-3); (2) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; (3) complete a global helium gas assessment, including an assessment of trends in global demand; (4) complete an a 10-year forecast of domestic demand for helium across all sectors; (5) complete an inventory of helium uses in the United States that identifies the nature of each 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 (6) complete an assessment of options for ensuring a domestic helium supply in the future. Requires the Secretary also to: (1) cooperate with the Secretary of the Department of Energy (DOE) on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at either the Federal Helium Reserve or along the Reserve pipeline system; (2) assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at either the Reserve or at an existing helium separation or purification facility connected to the Reserve pipeline system; and (3) report on such assessments. (Sec. 6) Authorizes the Secretary to allow any person not connected to the Federal Helium Reserve to connect to it for storing helium, subject to any required storage fees. Requires withdrawal of such helium to be governed by the Act.
Title
Responsible Helium Administration and Stewardship Act
Sponsors
Roll Calls
2013-04-26 - On Passage (Y: 394 N: 1 NV: 37 Abs: 0) [PASS]
2013-04-26 - On Motion to Recommit with Instructions (Y: 186 N: 211 NV: 35 Abs: 0) [FAIL]
2013-04-26 - On Agreeing to the Amendment (Y: 87 N: 312 NV: 33 Abs: 0) [FAIL]
2013-04-26 - On Motion to Recommit with Instructions (Y: 186 N: 211 NV: 35 Abs: 0) [FAIL]
2013-04-26 - On Agreeing to the Amendment (Y: 87 N: 312 NV: 33 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2013-05-06 | Senate | Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. |
| 2013-04-26 | House | On passage Passed by the Yeas and Nays: 394 - 1 (Roll no. 128). |
| 2013-04-26 | House | Motion to reconsider laid on the table Agreed to without objection. |
| 2013-04-26 | House | On motion to recommit with instructions Failed by recorded vote: 186 - 211 (Roll no. 127). |
| 2013-04-26 | House | The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2375) |
| 2013-04-26 | House | DEBATE - The House proceeded with 10 minutes of debate on the Schneider motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a new section on banning exports to hostile nations that seek nuclear weapons or missile technology. |
| 2013-04-26 | House | Mr. Schneider moved to recommit with instructions to Natural Resources. (consideration: CR H2375-2376; text: CR H2375) |
| 2013-04-26 | House | The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2357-2360) |
| 2013-04-26 | House | The previous question was ordered pursuant to the rule. (consideration: CR H2375-2377) |
| 2013-04-26 | House | The House rose from the Committee of the Whole House on the state of the Union to report H.R. 527. |
| 2013-04-26 | House | H.AMDT.55 On agreeing to the Dent amendment (A002) Failed by recorded vote: 87 - 312 (Roll no. 126). |
| 2013-04-26 | House | The House resolved into Committee of the Whole House on the state of the Union for further consideration. |
| 2013-04-26 | House | Considered as unfinished business. (consideration: CR H2374-2377) |
| 2013-04-26 | House | Committee of the Whole House on the state of the Union rises leaving H.R. 527 as unfinished business. |
| 2013-04-26 | House | On motion that the Commitee rise Agreed to by voice vote. |
| 2013-04-26 | House | Mr. Hastings (WA) moved that the Commitee rise. |
| 2013-04-26 | House | H.AMDT.57 On agreeing to the Thornberry amendment (A004) Agreed to by voice vote. |
| 2013-04-26 | House | DEBATE - Pursuant to the provisions of H. Res. 178, the Committee of the Whole proceeded with 10 minutes of debate on the Thornberry amendment No. 4. |
| 2013-04-26 | House | H.AMDT.57 Amendment (A004) offered by Mr. Thornberry. (consideration: CR H2364; text: CR H2364)Amendment affirms the authority of the Secretary of the Interior to allow private entities to connect to and store helium in the Federal Helium Reserve for an appropriate fee. |
| 2013-04-26 | House | H.AMDT.56 On agreeing to the Holt amendment (A003) Agreed to by voice vote. |
| 2013-04-26 | House | DEBATE - Pursuant to the provisions of H. Res. 178, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment No. 3. |
| 2013-04-26 | House | H.AMDT.56 Amendment (A003) offered by Mr. Holt. (consideration: CR H2363-2364; text: CR H2363)Amendment requires an assessment of how closing the Federal Helium Reserve could influence helium availability, including options for insuring a reliable helium supply in coming decades. |
| 2013-04-26 | House | POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Dent demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day. |
| 2013-04-26 | House | DEBATE - Pursuant to the provisions of H. Res. 178, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment No. 2. |
| 2013-04-26 | House | H.AMDT.55 Amendment (A002) offered by Mr. Dent. (consideration: CR H2361-2363, H2374; text: CR H2361)Amendment sought to ensure the continued supply of helium for end users while requiring the Bureau of Land Management (BLM) to honor existing contracts for the supply and delivery of helium and also sought to affirm that the federal government will honor existing contracts that are set to expire October 1, 2015. |
| 2013-04-26 | House | H.AMDT.54 On agreeing to the Collins (GA) amendment (A001) Agreed to by voice vote. |
| 2013-04-26 | House | DEBATE - Pursuant to the provisions of H. Res. 178, the Committee of the Whole proceeded with 10 minutes of debate on the Collins (GA) amendment No. 1. |
| 2013-04-26 | House | H.AMDT.54 Amendment (A001) offered by Mr. Collins (GA). (consideration: CR H2360-2361; text: CR H2360)Amendment ensures that excess funds realized as a result of the implementation of the bill are used to reduce the annual Federal budget deficit. |
| 2013-04-26 | House | The House resolved into Committee of the Whole House on the state of the Union for further consideration. |
| 2013-04-26 | House | Considered as unfinished business. (consideration: CR H2357-2364) |
| 2013-04-25 | House | Committee of the Whole House on the state of the Union rises leaving H.R. 527 as unfinished business. |
| 2013-04-25 | House | On motion that the Committee rise Agreed to by voice vote. |
| 2013-04-25 | House | Mr. Hastings (WA) moved that the Committee rise. |
| 2013-04-25 | House | GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 527. |
| 2013-04-25 | House | The Speaker designated the Honorable Jason Chaffetz to act as Chairman of the Committee. |
| 2013-04-25 | House | House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 178 and Rule XVIII. |
| 2013-04-25 | House | Rule provides for consideration of H.R. 527 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. |
| 2013-04-25 | House | Considered under the provisions of rule H. Res. 178. (consideration: CR H2323-2327) |
| 2013-04-25 | House | Rule H. Res. 178 passed House. |
| 2013-04-24 | House | Rules Committee Resolution H. Res. 178 Reported to House. Rule provides for consideration of H.R. 527 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. |
| 2013-04-18 | House | Placed on the Union Calendar, Calendar No. 27. |
| 2013-04-18 | House | Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-42. |
| 2013-03-20 | House | Ordered to be Reported (Amended) by Voice Vote. |
| 2013-03-20 | House | Committee Consideration and Mark-up Session Held. |
| 2013-02-14 | House | Committee Hearings Held. |
| 2013-02-06 | House | Referred to the House Committee on Natural Resources. |
Same As/Similar To
HR178 (Related) 2013-04-25 - Motion to reconsider laid on the table Agreed to without objection.
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