[Congressional Record Volume 158, Number 92 (Monday, June 18, 2012)]
[House]
[Pages H3712-H3713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLARIFICATION OF AUTHORITY GRANTED REGARDING DEFINING EXTERIOR BOUNDARY
OF THE UINTAH AND OURAY INDIAN RESERVATION
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 4027) 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''.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4027
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CLARIFICATION OF AUTHORITY.
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'', approved March 11, 1948 (62
Stat. 72), as amended by the Act entitled ``An Act to amend
the Act extending the exterior boundary of the Uintah and
Ouray Indian Reservation in the State of Utah so as to
authorize such State to exchange certain mineral lands for
other lands mineral in character'' approved August 9, 1955,
(69 Stat. 544), is further amended by adding at the end the
following:
``Sec. 5. In order to further clarify authorizations under
this Act, the State of Utah is hereby authorized to
relinquish to the United States, for the benefit of the Ute
Indian Tribe of the Uintah and Ouray Reservation, State
school trust or other State-owned subsurface mineral lands
located beneath the surface estate delineated in Public Law
440 (approved March 11, 1948) and south of the border between
Grand County, Utah, and Uintah County, Utah, and select in
lieu of such relinquished lands, on an acre-for-acre basis,
any subsurface mineral lands of the United States located
beneath the surface estate delineated in Public Law 440
(approved March 11, 1948) and north of the border between
Grand County, Utah, and Uintah County, Utah, subject to the
following conditions:
``(1) Reservation by united states.--The Secretary of the
Interior shall reserve an overriding interest in that portion
of the mineral estate comprised of minerals subject to
leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq)
in any mineral lands conveyed to the State.
``(2) Extent of overriding interest.--The overriding
interest reserved by the United States under paragraph (1)
shall consist of--
``(A) 50 percent of any bonus bid or other payment received
by the State as consideration for securing any lease or
authorization to develop such mineral resources;
``(B) 50 percent of any rental or other payments received
by the State as consideration for the lease or authorization
to develop such mineral resources;
``(C) a 6.25 percent overriding royalty on the gross
proceeds of oil and gas production under any lease or
authorization to develop such oil and gas resources; and
``(D) an overriding royalty on the gross proceeds of
production of such minerals other than oil and gas, equal to
50 percent of the royalty rate established by the Secretary
of the Interior by regulation as of October 1, 2011.
``(3) Reservation by state of utah.--The State of Utah
shall reserve, for the benefit of its State school trust, an
overriding interest in that portion of the mineral estate
comprised of minerals subject to leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq) in any mineral lands
relinquished by the State to the United States.
``(4) Extent of overriding interest.--The overriding
interest reserved by the State under paragraph (3) shall
consist of--
``(A) 50 percent of any bonus bid or other payment received
by the United States as consideration for securing any lease
or authorization to develop such mineral resources on the
relinquished lands;
``(B) 50 percent of any rental or other payments received
by the United States as consideration for the lease or
authorization to develop such mineral resources;
``(C) a 6.25 percent overriding royalty on the gross
proceeds of oil and gas production under any lease or
authorization to develop such oil and gas resources; and
``(D) an overriding royalty on the gross proceeds of
production of such minerals other than oil and gas, equal to
50 percent of the royalty rate established by the Secretary
of the Interior by regulation as of October 1, 2011.
``(5) No obligation to lease.--Neither the United States
nor the State shall be obligated to lease or otherwise
develop oil and gas resources in which the other party
retains an overriding interest under this section.
``(6) Cooperative agreements.--The Secretary of the
Interior is authorized to enter into cooperative agreements
with the State and the Ute Indian Tribe of the Uintah and
Ouray Reservation to facilitate the relinquishment and
selection of lands to be conveyed under this section, and the
administration of the overriding interests reserved
hereunder.
``(7) Termination.--The overriding interest reserved by the
Secretary of the Interior under paragraph (1), and the
overriding interest reserved by the State under paragraph
(3), shall automatically terminate 30 years after the date of
enactment of this section.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from New Mexico (Mr. Lujan)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and insert extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4027 is a bipartisan bill that would clarify the
boundaries of the Uintah and Ouray Indian Reservation as passed by the
Hill Creek Extension of 1948. The bill would authorize Utah's School
and Industrial Trust Land Administration to relinquish to the Ute
Indian Tribe its subsurface mineral rights in exchange for subsurface
rights to an equal number of acres of other land owned by the Federal
Government. The exchange would allow the school trust fund and the
tribe to explore additional oil and gas development that will help
support Utah education and create jobs for the tribe while preserving
more culturally sensitive land for the tribe.
I urge adoption of the resolution, and I reserve the balance of my
time.
Mr. LUJAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4027 clarifies existing law regarding the Federal
Government's authority to permit land exchanges within the boundaries
of the Ute Indian Reservation in northeastern Utah and resolves the
tribe's split estate problem caused by Federal error over 50 years ago.
This legislation returns the subsurface mineral estate to the Ute Tribe
in a portion of its reservation that the tribe considers culturally and
environmentally significant and thus preserves the area's pristine
wilderness from development. The bill also benefits the State of Utah
by opening up Federal minerals for development in an area of the
tribe's reservation already being developed by the tribe's energy
company.
Legislation that corrects a Federal error and satisfies both tribal
and State interests, without cost to the Federal Government, does not
come along very often. Mr. Matheson is to be commended for his
dedication in seeing this bill pass out of the House and for crafting a
workable solution to a difficult problem.
I urge my colleagues to support H.R. 4027, and I reserve the balance
of my time.
[[Page H3713]]
{time} 1610
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. LUJAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Utah (Mr. Matheson).
Mr. MATHESON. Mr. Speaker, I rise in support of H.R. 4027, a bill to
authorize an acre-for-acre exchange of subsurface mineral lands within
the Hill Creek Extension between the State of Utah and the United
States on behalf of the Ute Tribe.
I really want to thank Chairman Hastings and his staff, and also
subcommittee Chairman Young and his staff, Ranking Member Markey and
his staff, and Ranking Member Boren and his staff for their support in
moving this bill through the Natural Resources Committee. And I would
also like to thank my colleague from Utah (Mr. Bishop) who is a
cosponsor of the bill.
In the transaction authorized in this bill, the tribe would acquire
certain State minerals in Grand County, Utah, and in exchange, the BLM
would relinquish certain Federal lands in Uintah County, Utah, to the
State.
This bipartisan bill would give the Bureau of Land Management the
authority to approve this transaction that was first proposed several
years ago. In order to fully protect State and Federal interests, this
legislation reserves identical overriding financial interests in each
other's exchanged lands should development occur. Often in the past,
these land exchanges had challenges with appraisals and making sure
everyone is treated fairly. This legislation tries to address that
issue looking forward.
This bill is a win/win. It helps the tribe consolidate its management
of land that is considered sacred and culturally significant, and at
the same time, it allows for domestic energy development on land not
considered environmentally sensitive that would provide more school
trust fund revenue for Utah and employment for energy workers in the
State as well.
This legislation has broad support from local government, including
Grand, Duchesne, and Uintah Counties, the State of Utah, and the Ute
Tribe as well as partner agencies. The Wilderness Society also
testified in support of this legislation.
So I urge my colleagues to join me in passing this bill.
Mr. HASTINGS of Washington. I'm prepared to yield back if the
gentleman has no more requests for time.
Mr. LUJAN. Mr. Speaker, we thank the gentleman from Utah for his hard
work, and I yield back the balance of my time.
Mr. HASTINGS of Washington. I urge adoption, and I yield back the
balance of my time.
Ms. RICHARDSON. Mr. Speaker, I rise in support of H.R. 4027, which
redefines the boundary of the Ute Indian Tribe of the Uintah and Ouray
Reservation. I thank my colleague, Congressman Matheson, for
introducing this legislation.
This bill will authorize Utah to relinquish certain subsurface
mineral lands for the benefit of the Ute Indian Tribe. Native American
tribes deserve the opportunity to benefit from the natural resources
available on their land.
The bill concurrently protects the interests of Utah, by requiring
the State to reserve an overriding interest in the portion of the
mineral estate that is being relinquished. This portion of the mineral
lands is to be reserved for the benefit of the school trust.
Mr. Speaker, as a member of the Native American Caucus, I am proud to
work with my colleagues in the House to continue to protect the rights
and interests of Native Americans around the country. As such, I urge
my colleagues to join me in supporting H.R. 4027.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 4027.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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