II

106TH CONGRESS

1ST SESSION S. 1581

To amend the Strom Thurmond National Defense Authorization Act for

Fiscal Year 1999 to provide for the retention and administration of

Oil Shale Reserve Numbered 2 by the Secretary of Energy.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 1999

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

To amend the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to provide for the retention

and administration of Oil Shale Reserve Numbered 2

by the Secretary of Energy.

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 ‘‘Ute Economic Oppor5 tunity Act of 1999’’.
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1 SEC. 2. CONTINUATION OF DEPARTMENT OF ENERGY CON2 TROL AND ADMINISTRATION OF OIL SHALE

3 RESERVE NUMBERED 2.

4 Section 3405 of the Strom Thurmond National De5 fense Authorization Act for Fiscal Year 1999 (Public Law

6 105–261; 112 Stat. 2267; 10 U.S.C. 7420 note) is amend7 ed to read as follows:

8 ‘‘SEC. 3405. RETENTION AND ADMINISTRATION OF OIL

9 SHALE RESERVE NUMBERED 2.

10 ‘‘(a) RETENTION AND ADMINISTRATION.—The Sec11 retary of Energy shall administer Oil Shale Reserve Num12 bered 2 in accordance with this section and chapter 641

13 of title 10, United States Code.

14 ‘‘(b) COOPERATIVE MANAGEMENT AND RESOURCE

15 ASSESSMENT.—

16 ‘‘(1) COOPERATIVE AGREEMENT REQUIRED.—

17 Within 180 days after the date of the enactment of

18 this Act, the Secretary of Energy shall enter into a

19 cooperative management and resources assessment

20 agreement with the Ute Indian Tribe of the Uintah

21 and Ouray Reservation for the management, admin22 istration, and development of Oil Shale Reserve

23 Numbered 2.

24 ‘‘(2) ELEMENTS.—The cooperative agreement

25 shall recognize and implement the concurrent juris26 dictional and governmental authority of the Ute In-
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1 dian Tribe over the lands comprising Oil Shale Re2 serve Numbered 2 and provide a framework for the

3 Ute Indian Tribe and the Department of Energy to

4 jointly identify and assess the mineral, natural, cul5 tural, wildlife and religious resources located within

6 Oil Shale Reserve Numbered 2.

7 ‘‘(c) OIL AND GAS LEASE.—Within 180 days after

8 the date of the enactment of this section, the Secretary

9 of Energy shall enter into an oil and gas lease with the

10 Ute Indian Tribe to explore, prospect, conserve, develop,

11 use, operate, market, and sell the petroleum (as defined

12 in section 7420 of title 10, United States Code) of Oil

13 Shale Reserve Numbered 2. The negotiated lease shall

14 contain standard terms and conditions, but the royalty

15 rate of return to the United States shall be commensurate

16 with the rate of return realized by the United States under

17 oil and gas leases issued and administered by the Bureau

18 of Land Management.

19 ‘‘(d) OTHER COMMODITIES.—The Secretary of En20 ergy may enter into contracts, leases, or other agreements

21 with the Ute Indian Tribe for activities described in sub22 section (c) with respect to minerals other than petroleum,

23 and other commodities such as, but not limited to, build24 ing stone, on lands within Oil Shale Reserve Numbered

25 2.
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1 ‘‘(e) FUNDING.—From amounts appropriated pursu2 ant to the authorization for appropriations in section

3 3402(a), $2,000,000 shall be available for use by the Sec4 retary of Energy in carrying out the activities required

5 by this section.

6 ‘‘(f) WAIVER OF REQUIREMENTS REGARDING CON7 SULTATION AND APPROVAL.—Section 7431 of title 10,

8 United States Code, shall not apply to cooperative man9 agement, resource assessment, or administration under

10 this section.’’.

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