I think a forced pooling lease is considered a lease. The royalty % is determined for each well by comparing the royalty percentages in each of the leases already signed that are involved in that well area, and somehow getting a number (not an average but maybe a weighted average) of the %. Similar thing for bonus money. Your royalty % seems set at the 20% and a lease as you described might be considered void, at least for that Utica well. A different depth well is a different well. You might benefit by consulting an attorney about this situation. You could wait and be force pooled for the Marcellus depth well. I am not an attorney just making an educated guess about your situation.