S.Amdt. 2907Senate112th Congress (2011-2013)2nd degree

S.Amdt. 2907

Submitted November 14, 2012

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Senate amendment submitted

November 14, 2012

Text

Submitted

SA 2907. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill S.
3525, to protect and enhance opportunities for recreational hunting,
fishing, and shooting, and for other purposes; which was ordered to lie
on the table; as follows:

At the end, add the following:

TITLE III--CLARIFICATION OF AUTHORITY, UINTAH AND OURAY INDIAN
RESERVATION

SEC. 301. 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

[[Page S6812]]

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.''.
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