IIB 

112TH CONGRESS 

2D SESSION H. R. 4027 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To clarify authority granted under the Act entitled ‘‘An 

Act to define the exterior boundary of the Uintah and 

Ouray Indian Reservation in the State of Utah, and 

for other purposes’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. CLARIFICATION OF AUTHORITY. 

2 The Act entitled ‘‘An Act to define the exterior 

3 boundary of the Uintah and Ouray Indian Reservation in 

4 the State of Utah, and for other purposes’’, approved 

5 March 11, 1948 (62 Stat. 72), as amended by the Act 

6 entitled ‘‘An Act to amend the Act extending the exterior 

7 boundary of the Uintah and Ouray Indian Reservation in 

8 the State of Utah so as to authorize such State to ex9 change certain mineral lands for other lands mineral in 

10 character’’ approved August 9, 1955, (69 Stat. 544), is 

11 further amended by adding at the end the following: 

12 ‘‘SEC. 5. In order to further clarify authorizations 

13 under this Act, the State of Utah is hereby authorized to 

14 relinquish to the United States, for the benefit of the Ute 

15 Indian Tribe of the Uintah and Ouray Reservation, State 

16 school trust or other State-owned subsurface mineral 

17 lands located beneath the surface estate delineated in Pub18 lic Law 440 (approved March 11, 1948) and south of the 

19 border between Grand County, Utah, and Uintah County, 

20 Utah, and select in lieu of such relinquished lands, on an 

21 acre-for-acre basis, any subsurface mineral lands of the 

22 United States located beneath the surface estate delin23 eated in Public Law 440 (approved March 11, 1948) and 

24 north of the border between Grand County, Utah, and 

25 Uintah County, Utah, subject to the following conditions: 


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1 ‘‘(1) RESERVATION BY UNITED STATES.—The 

2 Secretary of the Interior shall reserve an overriding 

3 interest in that portion of the mineral estate com4 prised of minerals subject to leasing under the Min5 eral Leasing Act (30 U.S.C. 171 et seq.) in any min6 eral lands conveyed to the State. 

7 ‘‘(2) EXTENT OF OVERRIDING INTEREST.—The 

8 overriding interest reserved by the United States 

9 under paragraph (1) shall consist of— 

10 ‘‘(A) 50 percent of any bonus bid or other 

11 payment received by the State as consideration 

12 for securing any lease or authorization to de13 velop such mineral resources; 

14 ‘‘(B) 50 percent of any rental or other 

15 payments received by the State as consideration 

16 for the lease or authorization to develop such 

17 mineral resources; 

18 ‘‘(C) a 6.25 percent overriding royalty on 

19 the gross proceeds of oil and gas production 

20 under any lease or authorization to develop 

21 such oil and gas resources; and 

22 ‘‘(D) an overriding royalty on the gross 

23 proceeds of production of such minerals other 

24 than oil and gas, equal to 50 percent of the royVerDate Mar 15 2010 19:01 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4027.RFS H4027

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1 alty rate established by the Secretary of the In2 terior by regulation as of October 1, 2011. 

3 ‘‘(3) RESERVATION BY STATE OF UTAH.—The 

4 State of Utah shall reserve, for the benefit of its 

5 State school trust, an overriding interest in that por6 tion of the mineral estate comprised of minerals sub7 ject to leasing under the Mineral Leasing Act (30 

8 U.S.C. 181 et seq.) in any mineral lands relin9 quished by the State to the United States. 

10 ‘‘(4) EXTENT OF OVERRIDING INTEREST.—The 

11 overriding interest reserved by the State under para12 graph (3) shall consist of— 

13 ‘‘(A) 50 percent of any bonus bid or other 

14 payment received by the United States as con15 sideration for securing any lease or authoriza16 tion to develop such mineral resources on the 

17 relinquished lands; 

18 ‘‘(B) 50 percent of any rental or other 

19 payments received by the United States as con20 sideration for the lease or authorization to de21 velop such mineral resources; 

22 ‘‘(C) a 6.25 percent overriding royalty on 

23 the gross proceeds of oil and gas production 

24 under any lease or authorization to develop 

25 such oil and gas resources; and 


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1 ‘‘(D) an overriding royalty on the gross 

2 proceeds of production of such minerals other 

3 than oil and gas, equal to 50 percent of the roy4 alty rate established by the Secretary of the In5 terior by regulation as of October 1, 2011. 

6 ‘‘(5) NO OBLIGATION TO LEASE.—Neither the 

7 United States nor the State shall be obligated to 

8 lease or otherwise develop oil and gas resources in 

9 which the other party retains an overriding interest 

10 under this section. 

11 ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec12 retary of the Interior is authorized to enter into co13 operative agreements with the State and the Ute In14 dian Tribe of the Uintah and Ouray Reservation to 

15 facilitate the relinquishment and selection of lands 

16 to be conveyed under this section, and the adminis17 tration of the overriding interests reserved here18 under. 

19 ‘‘(7) TERMINATION.—The overriding interest 

20 reserved by the Secretary of the Interior under para21 graph (1), and the overriding interest reserved by 

22 the State under paragraph (3), shall automatically 


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1 terminate 30 years after the date of enactment of 

2 this section.’’. 

Passed the House of Representatives June 18, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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