IB 

Union Calendar No. 35 

113TH CONGRESS 

1ST SESSION H. R. 356 

[Report No. 113–57] 

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’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2013 

Mr. BISHOP of Utah (for himself, Mr. MATHESON, Mr. CHAFFETZ, and Mr. 

STEWART) introduced the following bill; which was referred to the Committee on Natural Resources 

MAY 14, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 356 RH

A BILL 

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’’. 


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•HR 356 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hill Creek Cultural 

5 Preservation and Energy Development Act’’. 

6 SEC. 2. CLARIFICATION OF AUTHORITY. 

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

8 boundary of the Uintah and Ouray Indian Reservation in 

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

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

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

12 boundary of the Uintah and Ouray Indian Reservation in 

13 the State of Utah so as to authorize such State to ex14 change certain mineral lands for other lands mineral in 

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

16 further amended by adding at the end the following: 

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

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

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

20 Indian Tribe of the Uintah and Ouray Reservation, State 

21 school trust or other State-owned subsurface mineral 

22 lands located beneath the surface estate delineated in Pub23 lic Law 440 (approved March 11, 1948) and south of the 

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

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


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

2 United States located beneath the surface estate delin3 eated in Public Law 440 (approved March 11, 1948) and 

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

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

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

7 Secretary of the Interior shall reserve an overriding 

8 interest in that portion of the mineral estate com9 prised of minerals subject to leasing under the Min10 eral Leasing Act (30 U.S.C. 171 et seq.) in any min11 eral lands conveyed to the State. 

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

13 overriding interest reserved by the United States 

14 under paragraph (1) shall consist of— 

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

16 payment received by the State as consideration 

17 for securing any lease or authorization to de18 velop such mineral resources; 

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

20 payments received by the State as consideration 

21 for the lease or authorization to develop such 

22 mineral resources; 

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

24 the gross proceeds of oil and gas production 


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1 under any lease or authorization to develop 

2 such oil and gas resources; and 

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

4 proceeds of production of such minerals other 

5 than oil and gas, equal to 50 percent of the roy6 alty rate established by the Secretary of the In7 terior by regulation as of October 1, 2011. 

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

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

10 State school trust, an overriding interest in that por11 tion of the mineral estate comprised of minerals sub12 ject to leasing under the Mineral Leasing Act (30 

13 U.S.C. 181 et seq.) in any mineral lands relin14 quished by the State to the United States. 

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

16 overriding interest reserved by the State under para17 graph (3) shall consist of— 

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

19 payment received by the United States as con20 sideration for securing any lease or authoriza21 tion to develop such mineral resources on the 

22 relinquished lands; 

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

24 payments received by the United States as conVerDate Mar 15 2010 23:56 May 14, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H356.RH H356

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1 sideration for the lease or authorization to de2 velop such mineral resources; 

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

4 the gross proceeds of oil and gas production 

5 under any lease or authorization to develop 

6 such oil and gas resources; and 

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

8 proceeds of production of such minerals other 

9 than oil and gas, equal to 50 percent of the roy10 alty rate established by the Secretary of the In11 terior by regulation as of October 1, 2011. 

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

13 United States nor the State shall be obligated to 

14 lease or otherwise develop oil and gas resources in 

15 which the other party retains an overriding interest 

16 under this section. 

17 ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec18 retary of the Interior is authorized to enter into co19 operative agreements with the State and the Ute In20 dian Tribe of the Uintah and Ouray Reservation to 

21 facilitate the relinquishment and selection of lands 

22 to be conveyed under this section, and the adminis23 tration of the overriding interests reserved here24 under.’’. 


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PWALKER on DSK7TPTVN1PROD with BILLS
Union Calendar No. 35 

113TH CONGRESS 

1ST SESSION H. R. 356 

[Report No. 113–57] 

A BILL 

To clarify authority granted under the Act entitled 

State of Utah, and for other purposes’’. Uintah and Ouray Indian Reservation in the ‘‘An Act to define the exterior boundary of the 

MAY 14, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


PWALKER on DSK7TPTVN1PROD with BILLS