19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–258 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1904) TO FACILITATE 

THE EFFICIENT EXTRACTION OF MINERAL RESOURCES IN SOUTHEAST 

ARIZONA BY AUTHORIZING AND DIRECTING AN EXCHANGE OF FEDERAL 

AND NON-FEDERAL LAND, AND FOR OTHER PURPOSES 

OCTOBER 24, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 444] 

The Committee on Rules, having had under consideration House 

Resolution 444, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1904, the 

Southeast Arizona Land Exchange and Conservation Act of 2011, 

under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking 

minority member of the Committee on Natural Resources. The resolution waives all points of order against consideration of the bill. 

The resolution provides that the amendment in the nature of a 

substitute recommended by the Committee on Natural Resources 

now printed in the bill, modified by the amendment printed in part 

A of this report, shall be considered as an original bill for the purpose of amendment and shall be considered as read. The resolution 

waives all points of order against the committee amendment in the 

nature of a substitute, as modified. The resolution makes in order 

only those further amendments printed in part B of this report. 

Each such amendment may be offered only in the order printed in 

this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time 

specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and 

shall not be subject to a demand for division of the question. The 

resolution waives all points of order against the amendments printed in part B of this report. Finally, the resolution provides one motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

1904 includes a waiver of clause 3(c)(4) of rule XIII, which requires 

a statement of general performance goals and objectives, including 

outcome-related goals and objectives, for which the measure authorizes funding. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute to H.R. 1904, 

as modified, the Committee is not aware of any points of order 

against the committee amendment in the nature of a substitute, as 

modified. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in part B of this report, the Committee is not 

aware of any points of order against the amendments. The waiver 

is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 141 

Motion by Mr. McGovern to report an open rule. Defeated: 2–6 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter ................................................... Yea 

Mr. Bishop of Utah ........................................... Nay Mr. McGovern ................................................... Yea 

Mr. Nugent ........................................................ Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ........................................ Nay 

SUMMARY OF AMENDMENT IN PART A CONSIDERED AS ADOPTED

Hastings, Doc (WA): Would make technical corrections to the bill 

to bring it into compliance with clause 4 of rule XXI. 

SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER

1. Luja ́n (NM): Would exempt all Native American sacred and 

cultural sites from the land conveyance. (10 minutes) 

2. Markey, Edward (MA): Would require, as a condition of the 

land exchange authorized by the bill, that Resolution Copper pay 

an 8% royalty to the United States on all locatable minerals produced in commercial quantities from the Federal land the company 

receives in the exchange. The Mining Law of 1872 does not require 

any royalty payment. Resolution Copper estimates the value of the 

copper ore at several billion dollars. (10 minutes) 

3. Grijalva, Rau ́l (AZ), Garamendi (CA): Would require that the 

remote operations center for the proposed mine be located in the 

local community, that the company actively recruit and hire local 

employees, that all ore produced from the mine be processed in the 

United States and that all equipment used at the mine be made 

in the United States. (10 minutes) 


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PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 11, line 1, insert ‘‘, in such amounts as are provided in advance in appropriation Acts,’’ after ‘‘be made available’’. 

Page 21, line 1, insert ‘‘, in such amounts as are provided in advance in appropriation Acts,’’ after ‘‘be available’’. 

Page 24, line 16, insert ‘‘, in such amounts as are provided in advance in appropriation Acts,’’ after ‘‘be made available’’. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJA ́ N OF

NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 14, after line 12, insert the following new subsection: 

(k) EXCLUSION OF NATIVE AMERICAN SACRED AND CULTURAL

SITES.—The Federal land to be conveyed under this section may 

not include any Native American sacred or cultural site, whether 

surface or subsurface, and the Secretary shall modify the map referred to in section 3(2) to exclude all such sacred and cultural 

sites, as identified by the Secretary in consultation with Resolution 

Copper and affected Indian tribes. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 19, beginning line 8, strike section 6 (value adjustment payment to United States) and insert the following new section: 

SEC. 6. ROYALTY PAYMENT TO UNITED STATES FOR MINERALS PRODUCED FROM CONVEYED FEDERAL LAND. 

(a) ROYALTY PAYMENT REQUIRED.—As a condition of the land exchange under this Act, Resolution Copper shall pay to the United 

States, by not later than March 15 of each calendar year, a royalty 

payment in an amount equal to 8 percent of the value of the quantity of locatable minerals produced during the preceding calendar 

year from the Federal land conveyed to Resolution Copper under 

section 4, as reported under subsection (b). 

(b) ANNUAL PRODUCTION REPORTING TO DETERMINE ROYALTY

PAYMENT.— 

(1) REPORT REQUIRED.—Resolution Copper shall submit to 

the Secretary of the Interior an annual report indicating the 

quantity of locatable minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper 

under section 4. 

(2) SUBMISSION DEADLINE.—The first report under paragraph 

(1) shall be submitted not later than February 15 of the first 

calendar year beginning after the date of commencement of 

production of valuable locatable minerals in commercial quantities from the Federal land conveyed to Resolution Copper 

under section 4 and cover the preceding calendar year. Subsequent reports shall be submitted each February 15 thereafter 

and cover the preceding calendar year. 


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(3) SHARING REPORTS WITH STATE.—The Secretary shall 

make each report received under paragraph (1) available to the 

State. 

(4) REPORT CONTENTS.—The reports under paragraph (1) 

shall comply with any recordkeeping and reporting requirements prescribed by the Secretary or required by applicable 

Federal laws in effect at the time of production. 

(c) DEPOSIT OF FUNDS.—All funds paid to the United States 

under this section shall be deposited in the general fund of the 

Treasury. 

(d) STATE LAW UNAFFECTED.—Nothing in this section modifies, 

expands, diminishes, amends, or otherwise affects any State law 

relating to the imposition, application, timing, or collection of a 

State excise or severance tax. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRIJALVA

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 21, after line 8, insert the following: 

(e) ADDITIONAL CONDITIONS RELATED TO MINING OPERATIONS ON

CONVEYED FEDERAL LAND.—As additional conditions of the land 

exchange under this Act, Resolution Copper shall agree to the following: 

(1) To locate and maintain the remote operation center for 

mining operations on the conveyed Federal land in the town of 

Superior, Arizona, for the duration of such operations. 

(2) To actively recruit and provide an employment preference 

for qualified applicants who reside in the State as of date of 

the consummation of the land exchange for employment positions related to mining operations on the conveyed Federal 

land. 

(3) To ensure that all locatable minerals produced in commercial quantities from the conveyed Federal land remain in 

the United States for processing and use. 

(4) To ensure that all equipment used to mine or support 

mining activities on the conveyed Federal Land is made in the 

United States. 

Æ 


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