Committee Legislation

Bill Introduced Description
S.552 Mar-13-13
STATUS: March 13, 2013.--Introduced S.552 Quadrennial Energy Review Act of 2013 (Introduced in Senate - IS) S 552 IS 113th CONGRESS 1st Session S. 552 To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, and for other purposes. IN THE SENATE OF THE UNITED STATES March 13, 2013 Mr. PRYOR (for himself, Mr. ALEXANDER, Mr. BEGICH, Mr. BOOZMAN, Mr. COONS, Mr. HEINRICH, Mr. TESTER, Mr. UDALL of New Mexico, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, 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 `Quadrennial Energy Review Act of 2013'. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Government wide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would-- (A) establish integrated, Government wide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources; (6) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from-- (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. SEC. 3. QUADRENNIAL ENERGY REVIEW. Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: `SEC. 801. QUADRENNIAL ENERGY REVIEW. `(a) Definitions- In this section: `(1) DIRECTOR- The term `Director' means the Director of the Office of Science and Technology Policy within the Executive Office of the President. `(2) FEDERAL LABORATORY- `(A) IN GENERAL- The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). `(B) INCLUSION- The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency. `(3) INTERAGENCY ENERGY COORDINATION COUNCIL- The term `interagency energy coordination council' means a council established under subsection (b)(1). `(4) QUADRENNIAL ENERGY REVIEW- The term `Quadrennial Energy Review' means a comprehensive multiyear review, coordinated across Federal agencies, that-- `(A) covers all energy programs and technologies; `(B) establishes energy objectives across the Federal Government; and `(C) covers each of the areas described in subsection (d)(2). `(b) Interagency Energy Coordination Council- `(1) ESTABLISHMENT- Beginning on October 1, 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review. `(2) CO-CHAIRPERSONS- The Secretary and the Director shall be co-chairpersons of the interagency energy coordination council. `(3) MEMBERSHIP- The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of-- `(A) the Department of Commerce; `(B) the Department of Defense; `(C) the Department of State; `(D) the Department of the Interior; `(E) the Department of Agriculture; `(F) the Department of the Treasury; `(G) the Department of Transportation; `(H) the Office of Management and Budget; `(I) the National Science Foundation; `(J) the Environmental Protection Agency; and `(K) such other Federal organizations, departments, and agencies that the President considers to be appropriate. `(c) Conduct of Review- Each Quadrennial Energy Review shall be conducted to provide an integrated view of national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships. `(d) Submission of Quadrennial Energy Review to Congress- `(1) IN GENERAL- Not later than August 1, 2015, and every 4 years thereafter, the Secretary, in cooperation with the Director, shall publish and submit to Congress a report on the Quadrennial Energy Review. `(2) INCLUSIONS- The report described in paragraph (1) shall include, at a minimum-- `(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; `(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- `(i) to achieve the objectives described in subparagraph (A); and `(ii) to be coordinated across multiple agencies; `(C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- `(i) an analysis, by energy use sector, including-- `(I) commercial and residential buildings; `(II) the industrial sector; `(III) transportation; and `(IV) electric power; `(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and `(iii) other research that inform strategies to incentivize desired actions; `(D) an assessment of policy options to increase domestic energy supplies and energy efficiency; `(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; `(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; `(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; `(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; `(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; `(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, and loan guarantees; `(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; `(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of-- `(i) Federal tax policies; and `(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; `(M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources; `(N) an analysis of-- `(i) points of maximum leverage for policy intervention to achieve outcomes; and `(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and `(O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. `(e) Executive Secretariat- `(1) IN GENERAL- The Secretary shall provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. `(2) COOPERATION- The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.'. SEC. 4. ADMINISTRATION. Nothing in the Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.
H.Res.527 May-06-13
STATUS: 05/06/2013: Introduced. H.R.527 Responsible Helium Administration and Stewardship Act (Referred in Senate - RFS) HR 527 RFS 113th CONGRESS1st Session H. R. 527IN THE SENATE OF THE UNITED STATESMay 6, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources 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. 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 `Responsible Helium Administration and Stewardship Act'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking `; and' and inserting a period; and (3) by adding at the end the following: `(4) FEDERAL HELIUM RESERVE- `(A) IN GENERAL- The term `Federal Helium Reserve' means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure. `(B) INCLUSIONS- The term `Federal Helium Reserve' includes-- `(i) the Cliffside Gas Field helium storage reservoir; and `(ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. `(5) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction'-- `(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; and `(B) does not include any purchase of crude helium from the Secretary. `(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.'. 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: `SEC. 6. SALE OF HELIUM. `(a) Phase A: Finalizing Debt Payoff- `(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. `(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. `(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. `(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. `(5) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; and `(B) ending on the expiration of the one-year period following such date of enactment. `(b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer- `(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-- `(A) to maximize total recovery and conservation of helium from the Federal Helium Reserve; `(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(C) to respond to helium market supply and demand and minimize market disruption; and `(D) to give priority to meeting the helium demand of Federal users through purchases under paragraph (2). `(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. `(3) ELIGIBLE PERSON- For purposes of this subsection, the term `eligible person' means a helium distributer who is registered as such with the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on the expiration of the period described in subsection (a)(5)(B); 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) 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-- `(A) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; and `(B) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year. `(c) Phase C: Access for Federal Users- `(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. `(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. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Auction and Minimum Prices Determination- `(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. `(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: `(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). `(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). `(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. `(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. `(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. `(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-- `(i) respond to market supply and demand and minimize market disruption; or `(ii) increase participation in helium auctions. `(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. `(3) AUCTION CONDITIONS- `(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. `(B) BIDDER QUALIFICATIONS AND LIMITS- In carrying out an auction under subsection (b), the Secretary-- `(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; and `(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. `(C) STORAGE FEES- In each auction the Secretary-- `(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; and `(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. `(4) DETERMINATION OF MINIMUM SALE PRICE- The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using-- `(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; `(B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years; `(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; `(D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium; and `(E) the sale price for crude helium offered in the most recent auction under paragraph (2)(G). `(5) AUTHORITY OF SECRETARY- The Secretary shall-- `(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; `(B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); and `(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. `(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. `(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. `(8) AUCTION RECORDS- `(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. `(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. `(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. `(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. `(e) Helium Production Fund- `(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. `(2) ADMINISTRATIVE EXPENSES- Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act. `(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. `(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: `(A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir. `(B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir. `(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. `(D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline. `(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. `(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. `(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).'. (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. 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: `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-- `(1) refinery capacity and future capacity estimates; `(2) ownership of federally auctioned helium held in the Federal Helium Reserve; `(3) volume of helium delivered to individual buyers through such pipeline; `(4) for each helium refiner-- `(A) the number of tolling agreements entered into before October 1, 2013; and `(B) for each fiscal year thereafter-- `(i) the number of tolling agreements entered into; `(ii) the number of tolling requests received; and `(iii) the total volume of helium refined under each tolling agreement entered into; `(5) pipeline pressure constraints; and `(6) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners. `(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. `(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. `(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. `(e) Scheduling Priority- `(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: `(A) Helium held in the Reserve as a result of a purchase under subsection (b)(2). `(B) Helium sold at auction being delivered to fulfill a tolling agreement. `(C) Other helium sold at auction. `(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. `(E) Helium held in inventory in the Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act. `(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: `(A) The price paid to the United States for the helium, giving higher priority to helium for which a greater price was paid. `(B) The date the helium was purchased from the Secretary, giving higher priority to helium purchased on an earlier date. `(C) Any other factor the Secretary considers appropriate to prioritize delivery. `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. `(b) Included Information- Information provided under this section shall include the following: `(1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following: `(A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline. `(B) The nature of work to be undertaken, whether routine, extended, or extraordinary. `(C) The anticipated impact on the helium supply. `(D) The efforts to minimize any impact on the supply chain. `(E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline. `(2) For each unplanned outage, the following: `(A) The beginning of the outage. `(B) The expected duration of outage. `(C) A description of the problem. `(D) The estimated impact on helium supply. `(E) A plan to correct problems, 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. `(G) Updates on repair status and the anticipated online date. `(3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including-- `(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; and `(B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program. `(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.'. 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-- (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 consultation 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, 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; (4) complete an assessment of options for ensuring a domestic helium supply in the future, including-- (A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; and (B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; and (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. (b) Helium-3 Separation- (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-- (A) gas analysis; (B) infrastructure studies; and (C) cooperation with private helium refiners. (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-- (A) the Federal Helium Reserve; or (B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system. (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. 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. Passed the House of Representatives April 26, 2013. Attest: KAREN L. HAAS, Clerk.
H.Res.527 May-06-13
STATUS: April 26, 2013.--Passed out of House. May 6, 2013.--Introduced in Senate. September 19.--Committee on Energy and Natural Resources discharged by Unanimous Consent. September 19, 2013.--Passed Senate with an amendment by Yea-Nay Vote. 97 - 2. September 25, 2013.-- House agreed to Senate amendment with an amendment pursuant to H. Res. 354. September 26, 2013.--Senate agreed to House amendment to Senate amendment by Unanimous Consent. October 2, 2013.--Public Law No: 113-40 H.R.527 Responsible Helium Administration and Stewardship Act (Referred in Senate - RFS) HR 527 RFS 113th CONGRESS1st Session H. R. 527IN THE SENATE OF THE UNITED STATESMay 6, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources 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. 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 `Responsible Helium Administration and Stewardship Act'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking `; and' and inserting a period; and (3) by adding at the end the following: `(4) FEDERAL HELIUM RESERVE- `(A) IN GENERAL- The term `Federal Helium Reserve' means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure. `(B) INCLUSIONS- The term `Federal Helium Reserve' includes-- `(i) the Cliffside Gas Field helium storage reservoir; and `(ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. `(5) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction'-- `(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; and `(B) does not include any purchase of crude helium from the Secretary. `(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.'. 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: `SEC. 6. SALE OF HELIUM. `(a) Phase A: Finalizing Debt Payoff- `(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. `(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. `(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. `(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. `(5) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; and `(B) ending on the expiration of the one-year period following such date of enactment. `(b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer- `(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-- `(A) to maximize total recovery and conservation of helium from the Federal Helium Reserve; `(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(C) to respond to helium market supply and demand and minimize market disruption; and `(D) to give priority to meeting the helium demand of Federal users through purchases under paragraph (2). `(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. `(3) ELIGIBLE PERSON- For purposes of this subsection, the term `eligible person' means a helium distributer who is registered as such with the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on the expiration of the period described in subsection (a)(5)(B); 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) 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-- `(A) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; and `(B) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year. `(c) Phase C: Access for Federal Users- `(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. `(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. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Auction and Minimum Prices Determination- `(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. `(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: `(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). `(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). `(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. `(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. `(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. `(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-- `(i) respond to market supply and demand and minimize market disruption; or `(ii) increase participation in helium auctions. `(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. `(3) AUCTION CONDITIONS- `(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. `(B) BIDDER QUALIFICATIONS AND LIMITS- In carrying out an auction under subsection (b), the Secretary-- `(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; and `(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. `(C) STORAGE FEES- In each auction the Secretary-- `(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; and `(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. `(4) DETERMINATION OF MINIMUM SALE PRICE- The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using-- `(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; `(B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years; `(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; `(D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium; and `(E) the sale price for crude helium offered in the most recent auction under paragraph (2)(G). `(5) AUTHORITY OF SECRETARY- The Secretary shall-- `(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; `(B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); and `(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. `(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. `(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. `(8) AUCTION RECORDS- `(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. `(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. `(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. `(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. `(e) Helium Production Fund- `(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. `(2) ADMINISTRATIVE EXPENSES- Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act. `(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. `(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: `(A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir. `(B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir. `(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. `(D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline. `(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. `(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. `(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).'. (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. 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: `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-- `(1) refinery capacity and future capacity estimates; `(2) ownership of federally auctioned helium held in the Federal Helium Reserve; `(3) volume of helium delivered to individual buyers through such pipeline; `(4) for each helium refiner-- `(A) the number of tolling agreements entered into before October 1, 2013; and `(B) for each fiscal year thereafter-- `(i) the number of tolling agreements entered into; `(ii) the number of tolling requests received; and `(iii) the total volume of helium refined under each tolling agreement entered into; `(5) pipeline pressure constraints; and `(6) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners. `(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. `(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. `(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. `(e) Scheduling Priority- `(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: `(A) Helium held in the Reserve as a result of a purchase under subsection (b)(2). `(B) Helium sold at auction being delivered to fulfill a tolling agreement. `(C) Other helium sold at auction. `(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. `(E) Helium held in inventory in the Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act. `(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: `(A) The price paid to the United States for the helium, giving higher priority to helium for which a greater price was paid. `(B) The date the helium was purchased from the Secretary, giving higher priority to helium purchased on an earlier date. `(C) Any other factor the Secretary considers appropriate to prioritize delivery. `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. `(b) Included Information- Information provided under this section shall include the following: `(1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following: `(A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline. `(B) The nature of work to be undertaken, whether routine, extended, or extraordinary. `(C) The anticipated impact on the helium supply. `(D) The efforts to minimize any impact on the supply chain. `(E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline. `(2) For each unplanned outage, the following: `(A) The beginning of the outage. `(B) The expected duration of outage. `(C) A description of the problem. `(D) The estimated impact on helium supply. `(E) A plan to correct problems, 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. `(G) Updates on repair status and the anticipated online date. `(3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including-- `(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; and `(B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program. `(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.'. 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-- (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 consultation 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, 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; (4) complete an assessment of options for ensuring a domestic helium supply in the future, including-- (A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; and (B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; and (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. (b) Helium-3 Separation- (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-- (A) gas analysis; (B) infrastructure studies; and (C) cooperation with private helium refiners. (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-- (A) the Federal Helium Reserve; or (B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system. (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. 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. Passed the House of Representatives April 26, 2013. Attest: KAREN L. HAAS, Clerk.
S.524 Mar-12-13
STATUS: March 12, 2013.--Introduced September 17, 2013.--Ms. McCaskill added as cosponsor. S.524 Pike National Historic Trail Study Act of 2013 (Introduced in Senate - IS) S 524 IS 113th CONGRESS 1st Session S. 524 To amend the National Trails System Act to provide for the study of the Pike National Historic Trail. IN THE SENATE OF THE UNITED STATES March 12, 2013 Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to provide for the study of the Pike National Historic Trail. 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 `Pike National Historic Trail Study Act of 2013'. SEC. 2. WESTERN STATES TRAIL STUDY. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: `(46) PIKE NATIONAL HISTORIC TRAIL- The Pike National Historic Trail, a series of routes extending approximately 3,664 miles, which follows the route taken by Lt. Zebulon Montgomery Pike during the 1806-1807 Pike expedition that began in Fort Bellefontaine, Missouri, extended through portions of the States of Kansas, Nebraska, Colorado, New Mexico, and Texas, and ended in Natchitoches, Louisiana.'.
S.510 Mar-07-13
STATUS: March 7, 2013.-- Introduced. April 15, 2013.--Mr. Lee added as cosponsor. April 16, 2013.--Subcommittee on Water and Power hearing held. S.510 Scofield Land Transfer Act (Introduced in Senate - IS) S 510 IS 113th CONGRESS1st Session S. 510 To authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah. IN THE SENATE OF THE UNITED STATESMarch 7, 2013 Mr. HATCH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah. 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 `Scofield Land Transfer Act'. SEC. 2. DEFINITIONS. In this Act: (1) CLAIMANT- The term `claimant' means any person or entity that, according to the records in the office of the Recorder for Carbon County, Utah, as of the date of enactment of this Act, claims title to, or an interest in, the Federal land. (2) FEDERAL LAND- The term `Federal land' means the land acquired by Price River Water Conservation District and transferred to the United States for use in the construction and operation of Scofield Dam and Reservoir located between the normal water surface elevation and the property boundary elevation in the Scofield Reservoir basin. (3) FLOOD SURCHARGE ELEVATION- The term `flood surcharge elevation' means the elevation of 7640.3 in the North American Vertical Datum of 1988, which corresponds to the elevation of the crest of Scofield Dam. (4) FUND- The term `Fund' means the Scofield Reservoir Fund established by section 3(b)(7)(A). (5) LIFE ESTATE- The term `life estate' means-- (A) if the claimant is a person, an interest of the claimant in the Federal land that will revert to the United States on the date of the death of the claimant; and (B) if the claimant is an entity, an interest in the Federal land of a person designated by the claimant that will revert to the United States on the date of the death of the designated person. (6) NORMAL WATER SURFACE ELEVATION- The term `normal water surface elevation' means the contour elevation of 7621.8 in the North American Vertical Datum of 1988, which corresponds to the elevation of the crest of the spillway of Scofield Dam. (7) PROPERTY BOUNDARY ELEVATION- The term `property boundary elevation' means the contour elevation 7630, as surveyed by McGonagle and Ulrich, Land Surveyors, in 1926, which was transmuted to the current elevation of 7638.9 in the North American Vertical Datum of 1988 and which corresponds to 1.4 vertical feet below the crest of Scofield Dam. (8) SECRETARY- The term `Secretary' means the Secretary of the Interior. (9) STRUCTURE- (A) IN GENERAL- The term `structure' means a residence of a claimant in existence on the date of enactment of this Act. (B) INCLUSION- The term `structure' includes infrastructure associated with the residence, including water, power, sewer, and roads. SEC. 3. CONVEYANCE OF SCOFIELD PROJECT LAND. (a) Survey; Notification- As soon as practicable after the date of enactment of this Act, the Secretary shall-- (1) complete a full physical and title survey of the Federal land and any other related land in and around the Scofield Reservoir Basin; and (2) attempt to notify each of the claimants of the trespass or encroachment on the Federal land by the applicable claimant, including the existence of any trespassing or encroaching structures of the claimant. (b) Authorization To Convey Federal Land- (1) IN GENERAL- To resolve the issues of trespass and encroachment on the Federal land by the claimants, the Secretary may, on election by the claimant in accordance with paragraph (5)-- (A) convey to a claimant fee interest in the claimed portion of the Federal land that is located above the normal water surface elevation, subject to paragraph (2); or (B) grant to a claimant a life estate permitting the continued occupation of the claimed portion of the Federal land above the normal water surface elevation, subject to paragraph (3). (2) CONVEYANCE REQUIREMENTS- A conveyance under paragraph (1)(A) shall be subject to-- (A) the claimant paying to the Secretary the fair market value of the fee interest in the claimed portion of the Federal land, exclusive of the value of any structures; (B) the United States retaining a flood easement over the entire portion of Federal land conveyed; and (C) deed restrictions requiring that-- (i) to prevent any structure on the portion of the Federal land conveyed from being displaced during a flood event, the claimant-- (I) secure or tie down the structure; (II) rebuild the structure with the same footprint as the original structure; or (III) repair the structure; and (ii) all activities carried out by the claimant under clause (i) with respect to a structure be carried out in accordance with-- (I) the International Building Code (as adopted by Utah Administrative Code R156-56); or (II) any other building code or engineering standard that is-- (aa) similar to the International Building Code; (bb) widely used; and (cc) nationally recognized. (3) LIFE ESTATE REQUIREMENTS- A life estate granted under paragraph (1)(B) shall be subject to-- (A) the claimant paying to the Secretary the fair market value of the life estate on the claimed portion of the Federal land; (B) provisions under which the claimant agrees to hold the United States harmless for all claims arising from the design, construction, operation, or replacement of Scofield Dam and Reservoir; and (C) provisions requiring the claimant to secure or tie down all structures on the portion of Federal land conveyed to prevent the structures from being displaced during a flood event in accordance with a code described in clause (i) or (ii) of paragraph (2)(C). (4) COMPLIANCE WITH ENVIRONMENTAL LAWS- (A) IN GENERAL- Before conveying the Federal land under paragraph (1)(A) or granting a life estate under paragraph (1)(B), the Secretary shall comply with all applicable requirements under-- (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (iii) any other applicable law. (B) EFFECT- Nothing in this Act modifies or alters any obligations under-- (i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (5) DEADLINE FOR ELECTION- Not later than 5 years after the date of enactment of this Act, each of the claimants shall notify the Secretary in writing of whether the claimant opts to receive-- (A) a fee interest in the claimed portion of the Federal land, in accordance with paragraph (1)(A); or (B) a life estate in the claimed portion of the Federal land, in accordance with paragraph (1)(B). (6) FAILURE TO NOTIFY SECRETARY- (A) IN GENERAL- If a claimant fails to submit to the Secretary a notice of an election in accordance with paragraph (5), any future claim by the claimant with respect to the Federal land shall be extinguished. (B) QUIET TITLE- On extinguishment of the claim under subparagraph (A), the Secretary shall take such action as is necessary to quiet title to the applicable portion of the Federal land, including removal of persons, entities, structures, and materials encumbering the applicable portion of the Federal land. (7) TRUST FUND- (A) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the `Scofield Reservoir Fund', to be administered by the Secretary and to be available, without fiscal year limitation, for providing enhanced recreation opportunities at Scofield Reservoir. (B) TRANSFERS TO FUND- There shall be deposited in the Fund any amounts received as consideration for a conveyance under paragraph (2)(A) or a granting of a life estate under paragraph (3)(A). SEC. 4. REPORT. Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of any activities authorized under this Act; (2) describes any obstacles to completing any outstanding transfers of title or grants of life estates; (3) specifies an anticipated date for completion of any outstanding transfers of title or grants of life estates; and (4) describes efforts to quiet title to any portion of the Federal land to which a claimant did not submit an election under section 3(b)(5).
S.509 Mar-07-13
STATUS: March 7, 2013.-- Introduced. April 15, 2013.--Mr. Lee added as cosponsor. S.509 Fruit Heights Land Conveyance Act (Introduced in Senate - IS) S 509 IS 113th CONGRESS1st Session S. 509 To provide for the conveyance of certain parcels of National Forest System land to the city of Fruit Heights, Utah. IN THE SENATE OF THE UNITED STATESMarch 7, 2013 Mr. HATCH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain parcels of National Forest System land to the city of Fruit Heights, Utah. 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 `Fruit Heights Land Conveyance Act'. SEC. 2. DEFINITIONS. In this Act: (1) CITY- The term `City' means the city of Fruit Heights, Utah. (2) MAP- The term `map' means the map entitled `Proposed Fruit Heights City Conveyance' and dated September 13, 2012. (3) NATIONAL FOREST SYSTEM LAND- The term `National Forest System land' means the approximately 100 acres of National Forest System land, as depicted on the map. (4) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 3. CONVEYANCE OF CERTAIN LAND TO THE CITY OF FRUIT HEIGHTS, UTAH. (a) In General- The Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the National Forest System land. (b) Survey- (1) IN GENERAL- If determined by the Secretary to be necessary, the exact acreage and legal description of the National Forest System land shall be determined by a survey approved by the Secretary. (2) COSTS- The City shall pay the reasonable survey and other administrative costs associated with a survey conducted under paragraph (1). (c) Easement- As a condition of the conveyance under subsection (a), the Secretary shall reserve an easement to the National Forest System land for the Bonneville Shoreline Trail. (d) Use of National Forest System Land- As a condition of the conveyance under subsection (a), the City shall use the National Forest System land only for public purposes. (e) Reversionary Interest- In the quitclaim deed to the City for the National Forest System land, the Secretary shall provide that the National Forest System land shall revert to the Secretary, at the election of the Secretary, if the National Forest System land is used for other than a public purpose. •S 509 IS
S.507 Mar-07-13
STATUS: March 7, 2013.--Introduced. April 23, 2013.--Subcommittee on National Parks hearings held. May 16, 2013.--Full committee markup; Ordered to be reported with amendments favorably. June 27, 2013.--Reported to Senate with amendments. S. Rept. 113-65. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 119] S.507 Manhattan Project National Historical Park Act (Introduced in Senate - IS) S 507 IS 113th CONGRESS1st Session S. 507 To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 7, 2013 Ms. CANTWELL (for herself, Mr. ALEXANDER, Mr. HEINRICH, Mrs. MURRAY, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, 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 `Manhattan Project National Historical Park Act'. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that `the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating 1 or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that `including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history'; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project; and (7) the permanent historical preservation of the B Reactor at Hanford as part of the Manhattan National Historical Park would provide significant savings to the Federal Government relative to placing the reactor into interim safe storage and subsequently dismantling the reactor-- (A) as determined as part of the Record of Decision entitled `Decommissioning of Eight Surplus Production 3 Reactors at the Hanford Site, Richland, WA'; and (B) as included within milestone M-093-00 of the Hanford Federal Facility Agreement and Consent Order. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit and education of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park, consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) HISTORICAL PARK- The term `Historical Park' means the Manhattan Project National Historical Park established under section 5. (2) MANHATTAN PROJECT- The term `Manhattan Project' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment- Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (b) Eligible Areas- The Historical Park may be comprised of 1 or more of the following areas or portions of the areas, as generally depicted on the map entitled `Manhattan Project National Historical Park Sites', numbered 540/108,834-C, and dated September 2012: (1) OAK RIDGE, TENNESSEE- Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; (D) at the former Guest House located at 210 East Madison Road; and (E) at other sites within the boundary of the city of Oak Ridge, Tennessee, that are not depicted on the map described in this subsection, but are determined by the Secretary to be suitable and appropriate for inclusion. (2) LOS ALAMOS, NEW MEXICO- Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) HANFORD, WASHINGTON- Facilities, land, or interests in land that are-- (A) in the B Reactor National Historic Landmark; (B) at the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) at the White Bluffs Bank building in the White Bluffs Historic District; (D) at the warehouse in the Bruggemann's Agricultural Complex; (E) at the Hanford Irrigation District Pump House; and (F) at the T Plant (221-T Process Building). (c) Availability of Map- The map described in subsection (b) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service and the Department of Energy. SEC. 6. AGREEMENT. (a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Richland, and Los Alamos site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park, including provisions for public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary- Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy- Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Los Alamos National Laboratory, Hanford Site, and Oak Ridge Reservation; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; and (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation and structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement. (d) Amendments- The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General- The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination- Not later than 30 days after the date on which an agreement under section 6 is executed, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map- The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Additions- Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General- The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Secretary of Energy, shall complete a general management plan for the Historical Park in accordance with-- (1) section 12(b) of Public Law 91-383 (commonly known as the `National Park Service General Authorities Act') (16 U.S.C. 1a-7(b)); and (2) the agreement established under section 6. (c) Interpretive Tours- The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition- (1) IN GENERAL- The Secretary may only acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; or (B) purchase from willing sellers, donation, or exchange. (2) FACILITIES- The Secretary may acquire land or interests in land in the vicinity of Historical Park for visitor and administrative facilities. (e) Donations; Cooperative Agreements- (1) FEDERAL FACILITIES- (A) IN GENERAL- The Secretary may enter into 1 or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) DONATIONS; COOPERATIVE AGREEMENTS- The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A). (2) TECHNICAL ASSISTANCE- The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) DONATIONS TO DEPARTMENT OF ENERGY- For the purposes of this Act, or for the purpose of preserving or providing access to historically significant resources relating to the Manhattan Project, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services).
H.Res.507 May-07-13
STATUS: February 5, 2013.--Introduced in House. February 12, 2013.--Referred to the Subcommittee on Public Lands and Environmental Regulation March 20, 2013.--Subcommittee on Public Lands and Environmental Regulation Discharged. March 20, 2013.--Markup; Ordered to be Reported by Unanimous Consent. April 9, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-27. Placed on the Union Calendar, Calendar No. 15 May 6, 2013.--House proceeded with forty minutes of debate on H.R. 507. Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. May 6, 2013.--On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 401 - 2 (Roll no. 131). (text: CR H2411) May 6, 2013.--Motion to reconsider laid on the table Agreed to without objection. May 7, 2013.--Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. April 10, 2014.--Reported to the Senate without amendment. S. Rept 113-148. April 10, 2014.--Placed on Senate Legislative Calendar [Calendar No. 359]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-134. H.R.507 Pascua Yaqui Tribe Trust Land Act (Referred in Senate - RFS) HR 507 RFS 113th CONGRESS1st Session H. R. 507IN THE SENATE OF THE UNITED STATESMay 7, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the conveyance of certain land inholdings owned by the United States to the Pascua Yaqui Tribe of Arizona, 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 `Pascua Yaqui Tribe Trust Land Act'. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) DISTRICT- The term `District' means the Tucson Unified School District, a school district recognized as such under the laws of the State of Arizona. (2) MAP- The term `map' means the map titled `PYT Land Department' and dated January 15, 2013. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) TRIBE- The term `Tribe' means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe. SEC. 3. LANDS TO BE HELD IN TRUST. (a) Parcel A- Subject to subsection (c) and to valid existing rights, all right, title, and interest of the United States in and to the approximately 10 acres of Federal lands generally depicted on the map as Parcel A are declared to be held in trust by the United States for the benefit of the Tribe. (b) Parcel B- Subject to subsection (c) and valid existing rights, all right, title, and interest of the United States in and to the approximately 10 acres of Federal lands generally depicted on the map as Parcel B are declared to be held in trust by the United States for the benefit of the Tribe. (c) Effective Date- Subsections (a) and (b) shall take effect on the day after the date on which-- (1) the District relinquishes all right, title, and interest of the District in and to the land described in subsection (b); and (2) the Secretary (or a delegate of the Secretary) approves and records the lease agreement between the Tribe and the District for the construction and operation of a regional transportation facility located on the restricted Indian land of the Tribe in accordance with the requirements of the first section of the Act entitled `An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases', approved August 9, 1955 (25 U.S.C. 415), and part 162 of title 25, Code of Federal Regulations (including successor regulations). SEC. 4. GAMING PROHIBITION. The Tribe may not conduct gaming activities on the lands held in trust under this Act, as a matter of claimed inherent authority, or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. SEC. 5. WATER RIGHTS. (a) In General- There shall not be Federal reserved rights to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under this Act. (b) State Water Rights- The Tribe retains any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under this Act. (c) Forfeiture or Abandonment- Any water rights that are appurtenant to land taken into trust by the United States for the benefit of the Tribe under this Act may not be forfeited or abandoned. (d) Administration- Nothing in this Act affects or modifies any right of the Tribe or any obligation of the United States under Public Law 95-375 (25 U.S.C. 1300f et seq.). Passed the House of Representatives May 6, 2013.
S.503 Mar-07-13
STATUS: March 7, 2013.--Introduced. S.503 Sangre de Cristo National Historical Park Establishment Act (Introduced in Senate - IS) S 503 IS 113th CONGRESS1st Session S. 503 To establish the Sangre de Cristo National Historical Park, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 7, 2013 Mr. UDALL of Colorado introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Sangre de Cristo National Historical Park, 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 `Sangre de Cristo National Historical Park Establishment Act'. SEC. 2. PURPOSE. The purpose of this Act is to establish the Sangre de Cristo National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant historical and cultural resources of the Sangre de Cristo Mountain Range-San Luis Valley region of southern Colorado for the benefit and inspiration of future generations; (2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features of the region; (3) to educate the public about-- (A) nationally significant sites and districts that convey the history of the northern migrations and the other migrations of diverse peoples that settled in the Sangre de Cristo Mountain Range-San Luis Valley region; (B) the exploration and development of the region under Spanish rule from 1598 through 1821; (C) the history of communities under Mexican rule between 1821 and 1848, the date of the conclusion of the Mexican American War; (D) the post-1848 settlement history of the area under United States jurisdiction, and the creation of the State of Colorado; and (E) the rich and distinctive folklore, religions, and languages of the cultures in the area today; and (4) to support and enhance the network of partners, including the State and local governments, private entities, and nonprofit entities, that will engage in the protection, improvement, management, and operation of key resources and facilities in the Park and throughout the National Heritage Area. SEC. 3. DEFINITIONS. In this Act: (1) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Sangre de Cristo National Heritage Area established by section 8001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 461 note; Public Law 111-11). (2) PARK- The term `Park' means the Sangre de Cristo National Historical Park established under section 4. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the National Park Service. (4) STATE- The term `State' means the State of Colorado. SEC. 4. ESTABLISHMENT OF SANGRE DE CRISTO NATIONAL HISTORICAL PARK. (a) Establishment- Subject to valid and existing rights, there is established in the State a unit of the National Park System to be known as the `Sangre de Cristo National Historical Park'. (b) Boundaries- Subject to valid existing rights, the Park shall be comprised of the following cultural and historical sites and byways within the Sangre de Cristo Mountain Range-San Luis Valley region of southern Colorado: (1) The Sangre de Cristo Heritage Center, San Luis, Costilla County. (2) The Sociedad Proteccion Mutua de Trabajadores Unidos building, Antonito, Conejos County. (3) The Fort Garland Museum, Fort Garland, Costilla County. (4) The Denver & Rio Grande Antonito Depot, Antonito, Conejos County. (5) The Los Caminos Antiguos Scenic and Historic Byway. (6) Dario Gallegos House, San Luis, Costilla County. (7) Trujillo Homesteads, Alamosa County. (8) Pike's Stockade, Conejos County. (9) The portions of the Old Spanish National Historic Trail located in the areas of Alamosa, Conejos, Costilla, Rio Grande, and Saguache counties where the trail crosses federally owned land. (c) Additional Sites- (1) IN GENERAL- An additional site may not be added to the Park unless-- (A) the Secretary determines, based on further research and planning, that the site meets the applicable criteria for national significance, suitability, and feasibility; and (B) notification of the proposed addition of the site has been submitted to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (2) STUDY- The Secretary shall conduct a study to determine the feasibility of including in the Park additional cultural and historical sites located in the following counties: (A) Huerfano County. (B) Las Animas County. (d) Acquisition of Land- The Secretary may-- (1) acquire land or interests in land within the boundaries of the Park by-- (A) donation; (B) purchase from willing sellers with donated or appropriated funds; or (C) exchange; and (2) enter into cooperative management agreements in accordance with section 3( l ) of the National Park System General Authorities Act (16 U.S.C. 1a-2( l )). (e) Acquisition of Water Rights- (1) IN GENERAL- The Secretary may acquire water rights by-- (A) donation; or (B) purchase from willing sellers. (2) LIMITATION- The Secretary may not acquire water rights by means other than the means described in paragraph (1). (f) Administration- (1) IN GENERAL- The Secretary shall administer the Park in accordance with-- (A) this Act; and (B) the laws generally applicable to units of the National Park System, including-- (i) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) GENERAL MANAGEMENT PLAN- (A) IN GENERAL- Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall prepare a general management plan for the Park-- (i) in consultation with applicable State and local governments, owners of property within the boundaries of the Park, and other interested parties; and (ii) in accordance with section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)). (B) REQUIREMENTS- To the maximum extent practicable, the plan prepared under subparagraph (A) shall-- (i) consider ways to use existing visitor facilities and recreational opportunities developed in the National Heritage Area; and (ii) develop programs and management actions cooperatively with the National Heritage Area. (g) Cooperative Agreements- (1) IN GENERAL- To further the purposes of this Act and notwithstanding chapter 63 of title 31, United States Code, the Secretary may provide grants and technical assistance to, and may enter into cooperative agreements with, the State, political subdivisions of the State, nonprofit organizations, and private property owners-- (A) to provide technical assistance, interpretation, public access, and other visitor services in the Park; and (B) subject to the availability of appropriations, to provide not more than 50 percent of the cost of any natural, historic, or cultural resource protection project in the Park and the National Heritage Area that is consistent with the general management plan prepared under subsection (f). (2) MATCHING REQUIREMENT- As a condition of the receipt of funds under paragraph (1), the Secretary shall require that any Federal funds made available under a grant or cooperative agreement entered into under that paragraph are matched on a 1-to-1 basis by non-Federal funds. (3) REIMBURSEMENT- Any payment made by the Secretary under paragraph (1)(B) shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of-- (A) the amount provided by the Secretary to the project under paragraph (1)(B); or (B) an amount equal to the increased value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. (h) Management of Old Spanish Trail- Notwithstanding any other provision of this Act, the head of the Federal agency with jurisdiction over a portion of the Old Spanish Trail included within the boundaries of the Park under subsection (b)(9), as determined under the applicable management plan for the Old Spanish Trail, shall continue to manage that portion of the Old Spanish Trail. (i) Limitation- Nothing in this Act expands or diminishes any right of access to any private land within the boundaries of the Park. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carryout this Act.
S.497 Mar-07-13
STATUS: March 7, 2013.--Introduced. S.497 San Juan Islands National Conservation Area Act (Introduced in Senate - IS) S 497 IS 113th CONGRESS 1st Session S. 497 To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, and for other purposes. IN THE SENATE OF THE UNITED STATES March 7, 2013 Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, 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 `San Juan Islands National Conservation Area Act'. SEC. 2. FINDINGS; PURPOSES. (a) Findings- Congress finds that-- (1) the land managed by the Bureau of Land Management in the San Juan Archipelago in the State of Washington comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas is of great value to people in the State of Washington and the United States; (2) the area described in paragraph (1)-- (A) provides recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping; (B) is enjoyed by the 15,844 year-round residents of the area; (C) provides attractions for many of the more than 750,000 visitors to San Juan Island County each year; (D) preserves important local, national, and tribal cultural and historic sites, such as-- (i) lighthouses on Patos Island, Turn Point, and Cattle Point, which are registered as State Historic Structures; (ii) numerous archaeological sites, including shell middens, plank-house sites, and burial markers; and (iii) areas of cultural importance, including ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins; (E) includes vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals; (F) is used by several nonprofit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom; (G) was identified by the Secretary of the Interior in November 2011 as 1 of 18 areas of public land in 9 States that was a `crown jewel' warranting immediate and permanent protection by Congress; and (H) the establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore a landscape that is of local and national importance. (b) Purposes- The purposes of this Act are-- (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and (2) to protect each species that is-- (A) located in the National Conservation Area; and (B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). SEC. 3. DEFINITIONS. In this Act: (1) ADVISORY COUNCIL- The term `Advisory Council' means the San Juan Islands National Conservation Area Advisory Council established under section 4(e). (2) MANAGEMENT PLAN- The term `management plan' means the management plan for the National Conservation Area developed under section 4(b). (3) NATIONAL CONSERVATION AREA- The term `National Conservation Area' means the San Juan Islands National Conservation Area established by section 4(a). (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 4. SAN JUAN ISLANDS NATIONAL CONSERVATION AREA. (a) Establishment- Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area, consisting of approximately 1,000 acres of public land in the State of Washington, as generally depicted on the map entitled `Proposed San Juan Islands National Conservation Area' and dated June 30, 2011. (b) Management Plan- (1) IN GENERAL- Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area. (2) CONSULTATION- In developing the management plan required under paragraph (1), the Secretary shall consult with-- (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (c) Management- (1) IN GENERAL- The Secretary shall manage the National Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable law (including regulations). (2) USES- The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in section 2(b). (3) MOTORIZED VEHICLES- Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) WILDLAND FIRE OPERATIONS- Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act. (5) INVASIVE SPECIES AND NOXIOUS WEEDS- In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area. (6) TRIBAL CULTURAL USES- The Secretary shall, in consultation with Indian tribes-- (A) ensure the protection of religious and cultural sites in the National Conservation Area; and (B) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996). (d) No Buffer Zones- (1) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area. (2) ACTIVITIES OUTSIDE CONSERVATION AREA- The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area. (3) ACQUISITION OF LAND- (A) IN GENERAL- The Secretary may acquire non-Federal land within the boundaries of the National Conservation Area only through exchange, donation, or purchase from a willing seller. (B) MANAGEMENT- Land acquired under subparagraph (A) shall become part of the National Conservation Area. (e) Advisory Council- (1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the `San Juan Islands National Conservation Area Advisory Council'. (2) MEMBERS- (A) COMPOSITION- The Advisory Council shall be composed of 7 members, to be appointed by the Secretary. (B) QUALIFICATIONS- To the maximum extent practicable, the members appointed under subparagraph (A) shall-- (i) reside in or within reasonable proximity to San Juan County, Washington; (ii) have backgrounds that reflect-- (I) the purposes for which the National Conservation Area was established; and (II) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; and (iii) be fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Council. (3) DUTIES- The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (4) APPLICABLE LAW- The Advisory Council shall be subject to-- (A) the Federal Advisory Committee Act (5 U.S.C. App.); and (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (5) TERMINATION- The Advisory Council shall terminate on the date that is 1 year after the date on which the management plan is adopted by the Secretary. (f) Incorporation of Acquired Land and Interests- Any land acquired by the United States after the date of enactment of this Act that is located in the National Conservation Area shall-- (1) become part of the National Conservation Area; and (2) be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (g) Withdrawal- (1) IN GENERAL- Subject to valid existing rights, all Federal land (including interests in the Federal land) located in the National Conservation Area is withdrawn from-- (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) ADDITIONAL LAND- Any land acquired by the United States after the date of enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. (h) Effect- Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.
S.488 Mar-07-13
STATUS: March 7, 2013.--Introduced. S.488 Advanced Vehicle Technology Act of 2013 (Introduced in Senate - IS) S 488 IS 113th CONGRESS 1st Session S. 488 To provide for a program of research, development, demonstration, and commercial application in vehicle technologies at the Department of Energy. IN THE SENATE OF THE UNITED STATES March 7, 2013 Ms. STABENOW introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a program of research, development, demonstration, and commercial application in vehicle technologies at the Department of Energy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Advanced Vehicle Technology Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Objectives. Sec. 3. Definitions. Sec. 4. Coordination and nonduplication. TITLE I--VEHICLE RESEARCH AND DEVELOPMENT Sec. 101. Program. Sec. 102. Sensing and communications technologies. Sec. 103. Manufacturing. Sec. 104. Reporting. TITLE II--MEDIUM AND HEAVY DUTY COMMERCIAL AND TRANSIT VEHICLES Sec. 201. Program. Sec. 202. Class 8 truck and trailer systems demonstration. Sec. 203. Technology testing and metrics. Sec. 204. Nonroad systems pilot program. Sec. 205. Repeal of existing authorities. SEC. 2. OBJECTIVES. The objectives of this Act are-- (1) to reform and reorient the vehicle technologies programs of the Department; (2) to establish a clear and consistent authority for vehicle technologies programs of the Department; (3) to develop United States technologies and practices that-- (A) improve the fuel efficiency and emissions of all vehicles produced in the United States; and (B) reduce vehicle reliance on petroleum-based fuels; (4) to support domestic research, development, engineering, demonstration, and commercial application and manufacturing of advanced vehicles, engines, and components; (5) to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions; (6) to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger, commercial, government, and transit vehicle sectors; (7) to allow for greater consumer choice of vehicle technologies and fuels; (8) to shorten technology development and integration cycles in the vehicle industry; (9) to ensure a proper balance and diversity of Federal investment in vehicle technologies and among vehicle classes; and (10) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. SEC. 3. DEFINITIONS. In this Act: (1) DEPARTMENT- The term `Department' means the Department of Energy. (2) SECRETARY- The term `Secretary' means the Secretary of Energy. SEC. 4. COORDINATION AND NONDUPLICATION. (a) Coordination- The Secretary shall ensure that activities authorized by this Act do not duplicate activities of other programs within the Department or other relevant agencies. (b) Cost-Sharing Requirement- The activities carried out under this Act shall be subject to the cost-sharing requirements of section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352). TITLE I--VEHICLE RESEARCH AND DEVELOPMENT SEC. 101. PROGRAM. (a) Activities- The Secretary shall conduct a program of basic and applied research, development, engineering, demonstration, and commercial application activities on materials, technologies, and processes with the potential to substantially reduce or eliminate petroleum use and the emissions of the Nation's passenger and commercial vehicles, including activities in the areas of-- (1) hybridization or full electrification of vehicle systems; (2) batteries, ultracapacitors, and other energy storage devices; (3) power electronics; (4) vehicle, component, and subsystem manufacturing technologies and processes; (5) engine efficiency and combustion optimization; (6) waste heat recovery; (7) transmission and drivetrains; (8) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure; (9) compressed natural gas and liquefied petroleum gas vehicle technologies; (10) aerodynamics, rolling resistance, and accessory power loads of vehicles and associated equipment; (11) vehicle weight reduction, including lightweighting materials; (12) friction and wear reduction; (13) engine and component durability; (14) innovative propulsion systems; (15) advanced boosting systems; (16) hydraulic hybrid technologies; (17) engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels; (18) predictive engineering, modeling, and simulation of vehicle and transportation systems; (19) refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles, including the unique challenges facing rural areas; (20) gaseous fuels storage systems and system integration and optimization; (21) sensing, communications, and actuation technologies for vehicle, electrical grid, and infrastructure; (22) efficient use, substitution, and recycling of potentially critical materials in vehicles, including rare earth elements and precious metals, at risk of supply disruption; (23) aftertreatment technologies; (24) thermal management of battery systems; (25) retrofitting advanced vehicle technologies to existing vehicles; (26) development of common standards, specifications, and architectures for both transportation and stationary battery applications; (27) advanced internal combustion engines; and (28) other research areas as determined by the Secretary. (b) Transformational Technology- The Secretary shall ensure that the Department continues to support research, development, engineering, demonstration, and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve deep reductions in petroleum use and emissions, including activities in the areas of-- (1) hydrogen vehicle technologies, including fuel cells, internal combustion engines, hydrogen storage, infrastructure, and activities in hydrogen technology validation and safety codes and standards; (2) multiple battery chemistries and novel energy storage devices, including nonchemical batteries, ultracapacitors and electromechanical storage technologies such as hydraulics, flywheels, and compressed air storage; (3) communication, connectivity, and power flow among vehicles, infrastructure, and the electrical grid; and (4) other innovative technologies research and development, as determined by the Secretary. (c) Industry Participation- To the maximum extent practicable, activities under this Act shall be carried out in partnership or collaboration with automotive manufacturers, heavy commercial, vocational, and transit vehicle manufacturers, qualified plug-in electric vehicle manufacturers, compressed natural gas and liquefied petroleum gas vehicle manufacturers, vehicle and engine equipment and component manufacturers, manufacturing equipment manufacturers, advanced vehicle service providers, fuel producers and energy suppliers, electric utilities, universities, national laboratories, and independent research laboratories. In carrying out this Act the Secretary shall-- (1) determine whether a wide range of companies that manufacture or assemble vehicles or components in the United States are represented in ongoing public private partnership activities, including firms that have not traditionally participated in federally sponsored research and development activities, and where possible, partner with such firms that conduct significant and relevant research and development activities in the United States; (2) leverage the capabilities and resources of, and formalize partnerships with, industry-led stakeholder organizations, nonprofit organizations, industry consortia, and trade associations with expertise in the research and development of, and education and outreach activities in, advanced automotive and commercial vehicle technologies; (3) develop more efficient processes for transferring research findings and technologies to industry; (4) give consideration to conversion of existing or former vehicle technology development or manufacturing facilities for the purposes of this Act; (5) establish and support public-private partnerships, dedicated to overcoming barriers in commercial application of transformational vehicle technologies, that utilize such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology; and (6) promote efforts to ensure that technology research, development, engineering, and commercial application activities funded under this Act are carried out in the United States. (d) Interagency and Intraagency Coordination- To the maximum extent practicable, the Secretary shall coordinate research, development, demonstration, and commercial application activities among-- (1) relevant programs within the Department, including-- (A) the Office of Energy Efficiency and Renewable Energy; (B) the Office of Science; (C) the Office of Electricity Delivery and Energy Reliability; (D) the Office of Fossil Energy; (E) the Advanced Research Projects Agency--Energy; and (F) other offices as determined by the Secretary; and (2) relevant technology research and development programs within the Department of Transportation and other Federal agencies, as determined by the Secretary. (e) Federal Demonstration of Technologies- The Secretary shall make information available to procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this Act. (f) Intergovernmental Coordination- The Secretary shall seek opportunities to leverage resources and support initiatives of State and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure. (g) Criteria- When awarding cost-shared grants under this program, the Secretary shall give priority to those technologies (either individually or as part of a system) that-- (1) provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology; and (2) provide the greatest increase in United States employment. SEC. 102. SENSING AND COMMUNICATIONS TECHNOLOGIES. (a) In General- The Secretary, in coordination with the Secretary of Transportation and the relevant research programs of other Federal agencies, shall conduct research, development, engineering, and demonstration activities on connectivity of vehicle and transportation systems, including on sensing, computation, communication, and actuation technologies that allow for reduced fuel use, optimized traffic flow, and vehicle electrification, including technologies for-- (1) onboard vehicle, engine, and component sensing and actuation; (2) vehicle-to-vehicle sensing and communication; (3) vehicle-to-infrastructure sensing and communication; and (4) vehicle integration with the electrical grid, including communications to provide grid services. (b) Coordination- The activities carried out under this section shall supplement (and not supplant) activities under the intelligent transportation system research program of the Department of Transportation. SEC. 103. MANUFACTURING. The Secretary shall carry out a research, development, engineering, demonstration, and commercial application program of advanced vehicle manufacturing technologies and practices, including innovative processes to-- (1) increase the production rate and decrease the cost of advanced battery manufacturing; (2) vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations; (3) reduce waste streams, emissions, and energy-intensity of vehicle, engine, advanced battery and component manufacturing processes; (4) recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications; (5) produce cost-effective lightweight materials such as advanced metal alloys, polymeric composites, and carbon fiber; (6) produce lightweight high pressure storage systems for gaseous fuels; (7) design and manufacture purpose-built hydrogen and fuel cell vehicles and components; (8) improve the calendar life and cycle life of advanced batteries; and (9) produce permanent magnets for advanced vehicles. SEC. 104. REPORTING. (a) Technologies Developed- Not later than 18 months after the date of enactment of this Act and annually thereafter through 2017, the Secretary of Energy shall transmit to Congress a report regarding the technologies developed as a result of the activities authorized by this title, with a particular emphasis on whether the technologies were successfully adopted for commercial applications, and if so, whether products relying on those technologies are manufactured in the United States. (b) Additional Matters- At the end of each fiscal year through 2017 the Secretary shall submit to the relevant Congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this title, active industry participants, efforts to recruit new participants committed to design, engineering, and manufacturing of advanced vehicle technologies in the United States, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. TITLE II--MEDIUM AND HEAVY DUTY COMMERCIAL AND TRANSIT VEHICLES SEC. 201. PROGRAM. (a) In General- The Secretary, in partnership with relevant research and development programs in other Federal agencies, and a range of appropriate industry stakeholders, shall carry out a program of cooperative research, development, demonstration, and commercial application activities on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles, including activities in the areas of-- (1) engine efficiency and combustion research; (2) onboard storage technologies for compressed natural gas and liquefied petroleum gas; (3) development and integration of engine technologies designed for compressed natural gas and liquefied petroleum gas operation of a variety of vehicle platforms; (4) waste heat recovery and conversion; (5) improved aerodynamics and tire rolling resistance; (6) energy and space-efficient emissions control systems; (7) heavy hybrid, hybrid hydraulic, plug-in hybrid, and electric platforms, and energy storage technologies; (8) drivetrain optimization; (9) friction and wear reduction; (10) engine idle and parasitic energy loss reduction; (11) electrification of accessory loads; (12) onboard sensing and communications technologies; (13) advanced lightweighting materials and vehicle designs; (14) increasing load capacity per vehicle; (15) thermal management of battery systems; (16) recharging infrastructure; (17) compressed natural gas and liquefied petroleum gas infrastructure; (18) advanced internal combustion engines; (19) complete vehicle modeling and simulation; (20) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure; (21) retrofitting advanced technologies onto existing truck fleets; and (22) integration of these and other advanced systems onto a single truck and trailer platform. (b) Leadership- The Secretary shall appoint a full-time Director to coordinate research, development, demonstration, and commercial application activities in medium- to heavy-duty commercial, recreational, and transit vehicle technologies. Responsibilities of the Director shall be to-- (1) improve coordination and develop consensus between government agency and industry partners, and propose new processes for program management and priority setting to better align activities and budgets among partners; (2) regularly convene workshops, site visits, demonstrations, conferences, investor forums, and other events in which information and research findings are shared among program participants and interested stakeholders; (3) develop a budget for the Department's activities with regard to the interagency program, and provide consultation and guidance on vehicle technology funding priorities across agencies; (4) determine a process for reviewing program technical goals, targets, and timetables and, where applicable, aided by life-cycle impact and cost analysis, propose revisions or elimination based on program progress, available funding, and rate of technology adoption; (5) evaluate ongoing activities of the program and recommend project modifications, including the termination of projects, where applicable; (6) recruit new industry participants to the interagency program, including truck, trailer, and component manufacturers who have not traditionally participated in federally sponsored research and technology development activities; and (7) other responsibilities as determined by the Secretary, in consultation with interagency and industry partners. (c) Reporting- At the end of each fiscal year, the Secretary shall submit to the Congress an annual report describing activities undertaken in the previous year, active industry participants, efforts to recruit new participants, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. SEC. 202. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION. The Secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer platforms with a goal of improving overall freight efficiency, as measured in tons and volume of freight hauled or other work performance-based metrics, by 50 percent, including a combination of technologies listed in section 201(a). Applicant teams may be comprised of truck and trailer manufacturers, engine and component manufacturers, fleet customers, university researchers, and other applicants as appropriate for the development and demonstration of integrated Class 8 truck and trailer systems. SEC. 203. TECHNOLOGY TESTING AND METRICS. The Secretary, in coordination with the partners of the interagency research program described in section 201(a)-- (1) shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions, including for heavy hybrid propulsion systems; (2) shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon, including those based on units of volume and weight transported for freight applications, and appropriate metrics based on the work performed by nonroad systems; and (3) may construct heavy duty truck and bus testing facilities. SEC. 204. NONROAD SYSTEMS PILOT PROGRAM. The Secretary shall undertake a pilot program of research, development, demonstration, and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural and construction equipment, and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors. SEC. 205. REPEAL OF EXISTING AUTHORITIES. (a) In General- Sections 706, 711, 712, and 933 of the Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062, 16233) are repealed. (b) Energy Efficiency- Section 911 of the Energy Policy Act of 2005 (42 U.S.C. 16191) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by striking `vehicles, buildings,' and inserting `buildings'; and (B) in paragraph (2)-- (i) by striking subparagraph (A); and (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and (2) in subsection (c)-- (A) by striking paragraph (3); (B) by redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3) (as so redesignated), by striking `(a)(2)(D)' and inserting `(a)(2)(C)'. (c) Energy Storage Competitiveness- Section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231) is amended-- (1) by striking subsection (j); (2) by redesignating subsections (k) through (p) as subsections (j) through (o), respectively; and (3) in subsection (o) (as so redesignated)-- (A) in paragraph (2), by striking `and;' after the semicolon at the end; (B) in paragraph (4), by inserting `and' after the semicolon at the end; (C) by striking paragraph (5); (D) by redesignating paragraph (6) as paragraph (5); and (E) in paragraph (5) (as so redesignated), by striking `subsection (k)' and inserting `subsection (j)'.
S.486 Mar-07-13
STATUS March 7, 2013.--Introduced. April 23, 2013.--Subcommittee on National Parks hearing held. April 23, 2013.--Mr. Manchin added as cosponsor. June 18, 2013.--Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably. September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-102. September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 180]. S.486 Preserving Public Access to Cape Hatteras Beaches Act (Introduced in Senate - IS) S 486 IS 113th CONGRESS1st Session S. 486 To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 7, 2013 Mr. BURR (for himself and Mrs. HAGAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, 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 `Preserving Public Access to Cape Hatteras Beaches Act'. SEC. 2. REINSTATEMENT OF INTERIM MANAGEMENT STRATEGY. (a) Management- After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the `Secretary') issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions- The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3. SEC. 3. ADDITIONAL RESTRICTIONS ON ACCESS TO CAPE HATTERAS NATIONAL SEASHORE RECREATIONAL AREA FOR SPECIES PROTECTION. (a) In General- If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on Restrictions- Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors Around Closures- To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. SEC. 4. INAPPLICABILITY OF FINAL RULE AND CONSENT DEGREE. (a) Final Rule- The final rule titled `Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore--Off-Road Vehicle Management' (77 Fed. Reg. 3123-3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent Decree- The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act.