II 

Calendar No. 103 

113TH CONGRESS 

1ST SESSION S. 27 

[Report No. 113–49] 

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 SENATE OF THE UNITED STATES 

JANUARY 22 (legislative day, JANUARY 3), 2013 

Mr. HATCH (for himself and Mr. LEE) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

JUNE 27, 2013 

Reported by Mr. WYDEN, without amendment 

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’’. 

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. SHORT TITLE. 

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

3 Preservation and Energy Development Act’’. 

4 SEC. 2. CLARIFICATION OF AUTHORITY. 

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

6 boundary of the Uintah and Ouray Indian Reservation in 

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

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

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

10 boundary of the Uintah and Ouray Indian Reservation in 

11 the State of Utah so as to authorize such State to ex12 change certain mineral lands for other lands mineral in 

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

14 further amended by adding at the end the following: 

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

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

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

18 Indian Tribe of the Uintah and Ouray Reservation, State 

19 school trust or other State-owned subsurface mineral 

20 lands located beneath the surface estate delineated in Pub21 lic Law 440 (approved March 11, 1948) and south of the 

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

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

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

25 United States located beneath the surface estate delin26 eated in Public Law 440 (approved March 11, 1948) and 


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

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

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

4 Secretary of the Interior shall reserve an overriding 

5 interest in that portion of the mineral estate com6 prised of minerals subject to leasing under the Min7 eral Leasing Act (30 U.S.C. 171 et seq.) in any min8 eral lands conveyed to the State. 

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

10 overriding interest reserved by the United States 

11 under paragraph (1) shall consist of— 

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

13 payment received by the State as consideration 

14 for securing any lease or authorization to de15 velop such mineral resources; 

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

17 payments received by the State as consideration 

18 for the lease or authorization to develop such 

19 mineral resources; 

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

21 the gross proceeds of oil and gas production 

22 under any lease or authorization to develop 

23 such oil and gas resources; and 

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

25 proceeds of production of such minerals other 


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1 than oil and gas, equal to 50 percent of the roy2 alty rate established by the Secretary of the In3 terior by regulation as of October 1, 2011. 

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

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

6 State school trust, an overriding interest in that por7 tion of the mineral estate comprised of minerals sub8 ject to leasing under the Mineral Leasing Act (30 

9 U.S.C. 181 et seq.) in any mineral lands relin10 quished by the State to the United States. 

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

12 overriding interest reserved by the State under para13 graph (3) shall consist of— 

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

15 payment received by the United States as con16 sideration for securing any lease or authoriza17 tion to develop such mineral resources on the 

18 relinquished lands; 

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

20 payments received by the United States as con21 sideration for the lease or authorization to de22 velop such 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 ‘‘(5) NO OBLIGATION TO LEASE.—Neither the 

9 United States nor the State shall be obligated to 

10 lease or otherwise develop oil and gas resources in 

11 which the other party retains an overriding interest 

12 under this section. 

13 ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec14 retary of the Interior is authorized to enter into co15 operative agreements with the State and the Ute In16 dian Tribe of the Uintah and Ouray Reservation to 

17 facilitate the relinquishment and selection of lands 

18 to be conveyed under this section, and the adminis19 tration of the overriding interests reserved here20 under.’’. 


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Calendar No. 103 

113TH CONGRESS 

1ST SESSION S. 27 

[Report No. 113–49] 

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 

JUNE 27, 2013 

Reported without amendment 


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