[Congressional Record Volume 159, Number 68 (Wednesday, May 15, 2013)]
[House]
[Pages H2631-H2632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1310
HILL CREEK CULTURAL PRESERVATION AND ENERGY DEVELOPMENT ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 356) 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. 356
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hill Creek Cultural
Preservation and Energy Development Act''.
SEC. 2. 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from the Northern Mariana Islands
(Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. I ask unanimous consent that all Members may have
5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. I yield myself such time as I may consume.
H.R. 356 is called the Hill Creek Cultural Preservation and Energy
Development Act, and it's to promote economic development within the
Uintah and Ouray Indian Reservation and to increase funding for public
education within the State of Utah, as well as to protect some
culturally and environmentally sensitive lands that are within that
particular reservation.
This is a bipartisan bill. It's supported by the entire Utah
congressional delegation, the oil and gas industry, the Ute Tribe, the
Wilderness Society. Actually, everybody with an IQ over 7 is in support
of it. It's a noncontroversial measure that will authorize the
Secretary of the Interior to resolve a decades-old land tenure issue in
a manner that's supported by all parties.
In 1948, Congress extended the Uintah and Ouray Reservation,
surrounding about 18,000 acres of school trust lands and mineral leases
that were within that portion. In 1955, Congress attempted to solve the
dispute amongst some of these lands, and actually failed in doing so.
So the Ute Tribe has long protected the southern portion of this Hill
Creek area for cultural and environmental reasons. It's also in an area
that's known as the Book Cliffs, which is one of the most remote and
rugged places within the State of Utah.
The Utah School Institutional Trust Lands Administration, or SITLA,
which manages the school lands in Utah, has a constitutional mandate to
generate income from trust lands to fund the public education.
So, to achieve the desires of the State, for funding education, and
the Tribe, to promote their cultural areas, both parties have worked
together in a
[[Page H2632]]
cooperative way to craft a plan that authorizes the Secretary to
exchange land so that areas that are now with SITLA in the southern
part that want to be preserved will be sent over to the reservation.
Areas in the northern part that have mineral resources on them will
be given over to SITLA on an acre-by-acre basis. And once the exchange
is complete, both the tribe and SITLA will jointly develop oil and gas
resources located within the northern portion of Hill Creek and share
in that revenue. American taxpayers will also share in the mineral
revenue.
So, Mr. Speaker, Congress needs to take note that this model of how
you resolve land tenure issues is an extremely effective one. Divisive
issues in the past can be resolved through a collaborative process that
allows for all points of view to be considered and heard, as was done
in this particular bill. In this example, we're able to balance these
multiple views and, as a result, we will protect some of our wildest
places in Utah and also allow for responsible oil and gas production
that will help in funding the education system in Utah.
So I'm hoping to replicate this collaborative model to resolve some
of the other longstanding issues that are public land conflicts in my
home State of Utah.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)
Mr. SABLAN. Mr. Speaker, H.R. 356 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
resolve the tribe's split estate problem caused by Federal error over
50 years ago.
The 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.
Last Congress, the House passed a virtually identical bill under
suspension of the rules by voice vote, and again, I urge my colleagues
to support H.R. 356.
Mr. Speaker, I have no further speakers. I yield back the balance of
my time.
Mr. BISHOP of Utah. Mr. Speaker, the State and the tribe have been
trying to get Congress to act on this measure for a number of years.
It's a widely popular proposal. It's supported by the State. It's
supported by local governments. It's supported by the tribes. It is a
bipartisan bill, and I urge my colleagues to support it.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 356.
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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