I 

111TH CONGRESS 

1ST SESSION H. R. 2509 

To secure Federal ownership and management of significant natural, scenic, 

and recreational resources, to provide for the protection of cultural resources, to facilitate the efficient extraction of mineral resources by 

authorizing and directing an exchange of Federal and non-Federal land, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2009 

Mrs. KIRKPATRICK of Arizona (for herself and Mr. FLAKE) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To secure Federal ownership and management of significant 

natural, scenic, and recreational resources, to provide 

for the protection of cultural resources, to facilitate the 

efficient extraction of mineral resources by authorizing 

and directing an exchange of Federal and non-Federal 

land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southeast Arizona 

5 Land Exchange and Conservation Act of 2009’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to authorize, direct, facilitate, and expedite 

4 the conveyance and exchange of land between the 

5 United States and Resolution Copper; 

6 (2) to provide for the permanent protection of 

7 cultural resources and uses of the Apache Leap es8 carpment located near the town of Superior, Ari9 zona; and 

10 (3) to secure Federal ownership and protection 

11 of land with significant natural, scenic, recreational, 

12 water, riparian, cultural and other resources. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) APACHE LEAP.—The term ‘‘Apache Leap’’ 

16 means the approximately 822 acres of land (includ17 ing the approximately 110 acres of land of Resolu18 tion Copper described in section 4(c)(1)(G)), as de19 picted on the map entitled ‘‘Apache Leap’’ and 

20 dated January 2009. 

21 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

22 means the approximately 2,406 acres of land located 

23 in Pinal County, Arizona, depicted on the map enti24 tled ‘‘Southeast Arizona Land Exchange and Con25 servation Act of 2009–Federal Parcel–Oak Flat’’ 

26 and dated January 2009. 


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1 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means each parcel of land described in 

3 section 4(c). 

4 (4) OAK FLAT CAMPGROUND.—The term ‘‘Oak 

5 Flat Campground’’ means the campground that is— 

6 (A) comprised of approximately 16 devel7 oped campsites and adjacent acreage at a total 

8 of approximately 50 acres; and 

9 (B) depicted on the map entitled ‘‘Oak 

10 Flat Campground’’ and dated January 2009. 

11 (5) OAK FLAT WITHDRAWAL AREA.—The term 

12 ‘‘Oak Flat Withdrawal Area’’ means the approxi13 mately 760 acres of land depicted on the map enti14 tled ‘‘Oak Flat Withdrawal Area’’ and dated Janu15 ary 2009. 

16 (6) RESOLUTION COPPER.—The term ‘‘Resolu17 tion Copper’’ means— 

18 (A) Resolution Copper Mining, LLC, a 

19 Delaware limited liability company; and 

20 (B) any successor, assign, affiliate, mem21 ber, or joint venturer of Resolution Copper Min22 ing, LLC. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 


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1 (8) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means the Secretary of Agri3 culture or the Secretary of the Interior, as applica4 ble. 

5 (9) TOWN.—The term ‘‘Town’’ means the Town 

6 of Superior, Arizona, an incorporated municipality. 

7 SEC. 4. LAND CONVEYANCES AND EXCHANGES. 

8 (a) PURPOSES.—The purposes of the land convey9 ances and exchanges under this section are— 

10 (1) to secure Federal ownership and protection 

11 of significant natural, scenic, and recreational re12 sources; and 

13 (2) to facilitate efficient extraction of mineral 

14 resources. 

15 (b) OFFER BY RESOLUTION COPPER.— 

16 (1) IN GENERAL.—Subject to section 9(b)(1), if 

17 Resolution Copper submits to the Secretary of Agri18 culture a written offer, in accordance with para19 graph (2), to convey to the United States all right, 

20 title, and interest of Resolution Copper in and to the 

21 non-Federal land, the Secretary shall— 

22 (A) accept the offer; and 

23 (B) convey to Resolution Copper all right, 

24 title, and interest of the United States in and 

25 to the Federal land, subject to— 


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1 (i) section 10(c); and 

2 (ii) any valid existing right or title 

3 reservation, easement, or other exception 

4 required by law or agreed to by the Sec5 retary concerned and Resolution Copper. 

6 (2) REQUIREMENTS.—Title to any non-Federal 

7 land conveyed by Resolution Copper to the United 

8 States under paragraph (1) shall— 

9 (A) be in a form that is acceptable to the 

10 Secretary concerned; and 

11 (B) conform to the title approval standards 

12 of the Attorney General of the United States 

13 applicable to land acquisitions by the Federal 

14 Government. 

15 (c) RESOLUTION COPPER LAND EXCHANGE.—On re16 ceipt of title to the Federal land under subsection 

17 (b)(1)(B), Resolution Copper shall simultaneously con18 vey— 

19 (1) to the Secretary of Agriculture, all right, 

20 title, and interest that the Secretary determines to 

21 be acceptable in and to— 

22 (A) the approximately 147 acres of land lo23 cated in Gila County, Arizona, depicted on the 

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1 Federal Parcel–Turkey Creek’’ and dated Janu2 ary 2009; 

3 (B) the approximately 148 acres of land 

4 located in Yavapai County Arizona, depicted on 

5 the map entitled ‘‘Southeast Arizona Land Ex6 change and Conservation Act of 2009–Non7 Federal Parcel–Tangle Creek’’ and dated Janu8 ary 2009; 

9 (C) the approximately 149 acres of land lo10 cated in Maricopa County, Arizona, depicted on 

11 the map entitled ‘‘Southeast Arizona Land Ex12 change and Conservation Act of 2009–Non13 Federal Parcel–Cave Creek’’ and dated January 

14 2009; 

15 (D) the approximately 88 acres of land lo16 cated in Pinal County, Arizona, depicted on the 

17 map entitled ‘‘Southeast Arizona Land Ex18 change and Conservation Act of 2009–Non19 Federal Parcel–J–I Ranch’’ and dated January 

20 2009; 

21 (E) the approximately 640 acres of land 

22 located in Coconino County, Arizona, depicted 

23 on the map entitled ‘‘Southeast Arizona Land 

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1 Federal Parcel–East Clear Creek’’ and dated 

2 January 2009; 

3 (F) the approximately 95 acres of land lo4 cated in Pinal County, Arizona, depicted on the 

5 map entitled ‘‘Southeast Arizona Land Ex6 change and Conservation Act of 2009–Non7 Federal Parcel–The Pond’’ and dated January 

8 2009; and 

9 (G) subject to the retained rights under 

10 subsection (d)(2), the approximately 110 acres 

11 of land located in Pinal County, Arizona, de12 picted on the map entitled ‘‘Southeast Arizona 

13 Land Exchange and Conservation Act of 2009– 

14 Non-Federal Parcel–Apache Leap South End’’ 

15 and dated January 2009; and 

16 (2) to the Secretary of the Interior, all right, 

17 title, and interest that the Secretary of the Interior 

18 determines to be acceptable in and to— 

19 (A) the approximately 3,073 acres of land 

20 located in Pinal County, Arizona, depicted on 

21 the map entitled ‘‘Southeast Arizona Land Ex22 change and Conservation Act of 2009–Non23 Federal Parcel–Lower San Pedro River’’ and 

24 dated January 2009; 


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1 (B) the approximately 160 acres of land 

2 located in Gila and Pinal Counties, Arizona, de3 picted on the map entitled ‘‘Southeast Arizona 

4 Land Exchange and Conservation Act of 2009– 

5 Non-Federal Parcel–Dripping Springs’’ and 

6 dated January 2009; and 

7 (C) the approximately 956 acres of land lo8 cated in Santa Cruz County, Arizona, depicted 

9 on the map entitled ‘‘Southeast Arizona Land 

10 Exchange and Conservation Act of 2009–Non11 Federal Parcel–Appleton Ranch’’ and dated 

12 January 2009. 

13 (d) ADDITIONAL CONSIDERATION TO UNITED

14 STATES.— 

15 (1) SURRENDER OF RIGHTS.—Subject to para16 graph (2), in addition to the non-Federal land to be 

17 conveyed to the United States under subsection (c), 

18 and as a condition of the land exchange under this 

19 section, Resolution Copper shall surrender to the 

20 United States, without compensation, the rights held 

21 by Resolution Copper under mining and other laws 

22 of the United States— 

23 (A) to commercially extract minerals 

24 under— 

25 (i) Apache Leap; or 


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1 (ii) the parcel identified in subsection 

2 (c)(1)(F); and 

3 (B) to disturb the surface of Apache Leap, 

4 except with respect to such fences, signs, moni5 toring wells, and other devices, instruments, or 

6 improvements as are necessary to monitor the 

7 public health and safety or achieve other appro8 priate administrative purposes, as determined 

9 by the Secretary, in consultation with Resolu10 tion Copper. 

11 (2) EXPLORATION ACTIVITIES.—Nothing in this 

12 Act prohibits Resolution Copper from using any ex13 isting mining claim held by Resolution Copper on 

14 Apache Leap, or from retaining any right held by 

15 Resolution Copper to the parcel described in sub16 section (c)(1)(G), to carry out any underground ac17 tivities under Apache Leap in a manner that the 

18 Secretary determines will not adversely impact the 

19 surface of Apache Leap (including drilling or locat20 ing any tunnels, shafts, or other facilities relating to 

21 mining, monitoring, or collecting geological or 

22 hydrological information) that do not involve com23 mercial mineral extraction under Apache Leap. 

24 (e) USE OF EQUALIZATION PAYMENT.— 


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1 (1) PAYMENT.—Resolution Copper shall pay 

2 into the Federal Land Disposal Account established 

3 by section 206(a) of the Federal Land Transaction 

4 Facilitation Act (43 U.S.C. 2305(a)) (or any suc5 cessor account) any cash equalization funds owed by 

6 Resolution Copper to the United States under sec7 tion 7(b)(1), to remain available until expended, 

8 without further appropriation, to the Secretary and 

9 the Secretary of the Interior, as the Secretaries 

10 jointly determine to be appropriate, for— 

11 (A) the acquisition from willing sellers of 

12 land or interests in land within the hydro13 graphic boundary of the San Pedro River and 

14 tributaries in the State of Arizona; and 

15 (B) the management and protection of en16 dangered species and other sensitive environ17 mental values and land within the San Pedro 

18 Riparian National Conservation Area estab19 lished by section 101(a) of the Arizona-Idaho 

20 Conservation Act of 1988 (16 U.S.C. 460xx(a)) 

21 (including any additions to the area), including 

22 management under any cooperative manage23 ment agreement entered into by the Secretary 

24 of the Interior and a State or local agency 


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1 under section 103(c) of that Act (16 U.S.C. 

2 460xx–2(c)). 

3 (2) PERIOD OF USE.—To the maximum extent 

4 feasible, the amount paid into the Federal Land Dis5 posal Account by Resolution Copper under para6 graph (1) shall be used by the Secretary and the 

7 Secretary of the Interior during the 2-year period 

8 beginning on the date of payment. 

9 (3) COOPERATIVE MANAGEMENT AGREE10 MENTS.—The Secretary of the Interior may enter 

11 into such cooperative management agreements with 

12 qualified organizations (as defined in section 170(h) 

13 of the Internal Revenue Code of 1986) as the Sec14 retary of the Interior determines to be appropriate 

15 to administer portions of the San Pedro Riparian 

16 National Conservation Area. 

17 SEC. 5. TIMING AND PROCESSING OF EXCHANGE. 

18 (a) SENSE OF CONGRESS REGARDING TIMING OF

19 EXCHANGE.—It is the sense of Congress that the land ex20 change directed by section 4 should be consummated by 

21 not later than 1 year after the date of enactment of this 

22 Act. 

23 (b) PRE-EXCHANGE NEPA COMPLIANCE.— 

24 (1) SECRETARIAL DETERMINATION.—The Sec25 retary shall determine whether the exchange directed 


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1 by section 4 is subject to section 102(2) of the Na2 tional Environmental Policy Act of 1969 (42 U.S.C. 

3 4322(2)). 

4 (2) ANALYSIS.—If the Secretary determines 

5 pursuant to paragraph (1) that the exchange is sub6 ject to section 102(2) of such Act— 

7 (A) the Secretary shall be responsible for 

8 the preparation of the document; 

9 (B) the document prepared pursuant to 

10 section 102(2) of such Act shall adhere to the 

11 provisions of this paragraph notwithstanding 

12 any provision of such section to the contrary; 

13 and 

14 (C) the analysis in the document, including 

15 the analysis of any impacts, effects, and com16 mitments shall— 

17 (i) detail the ecological values (includ18 ing fish and wildlife, plant communities, 

19 wetlands and flood plains, and habitat and 

20 potential habitat for threatened and endan21 gered species) of the Federal land and all 

22 non-Federal land parcels identified for ex23 change in section 4(b); 

24 (ii) consider impacts, effects, and 

25 commitments, on or related to those values 


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1 from or of only current uses of the Federal 

2 land and all non-Federal land parcels iden3 tified for exchange in section 3(b) as of the 

4 date of enactment of this Act and any new 

5 uses of those lands that may occur prior to 

6 consummation of the exchange, except as 

7 provided in subsection (e); 

8 (iii) shall not consider impacts, ef9 fects, and commitments on or related to 

10 those values of any uses to be considered 

11 in post-exchange compliance with section 

12 102(2) of the National Environmental Pol13 icy Act of 1969 described in subsection 

14 (d); and 

15 (iv) be based on the assumption that 

16 the Federal land and non-Federal land in 

17 the exchange shall be determined to be of 

18 equal value, or the values shall be equal19 ized, or a donation made by Resolution 

20 Copper, pursuant to section 6. 

21 (3) DEADLINE.—The document described in 

22 this subsection, if determined necessary under para23 graph (1), shall be completed within 270 days of the 

24 date of enactment of this Act. 


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1 (4) NO PRECEDENT.—The procedures under 

2 this subsection with regard to the National Environ3 mental Policy Act of 1969 compliance on this land 

4 exchange do not establish a precedent with respect 

5 to future land exchanges or other Federal land ac6 tions directed or mandated by Congress. 

7 (c) EXCHANGE PROCESSING.—Before the date of 

8 consummation of the exchange under section 4, the Sec9 retary concerned shall complete any necessary land sur10 veys and required preexchange clearances, reviews, mitiga11 tion activities, and approvals relating to— 

12 (1) threatened or endangered species; 

13 (2) cultural or historic resources; 

14 (3) wetland or floodplains; or 

15 (4) hazardous materials. 

16 (d) POST-EXCHANGE PROCESSING.—Before com17 mencing production in commercial quantities of any valu18 able mineral from the Federal land conveyed to Resolution 

19 Copper under section 4(b)(1)(B) (except for any such pro20 duction from any exploration and mine development 

21 shafts, adits, and tunnels needed to determine feasibility 

22 and pilot plant testing of commercial production or to ac23 cess the ore body and tailings deposition areas), the Sec24 retary shall publish an environmental impact statement in 

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1 ronmental Policy Act of 1969 (42 U.S.C. 4322(2)(C)) re2 garding any Federal agency action carried out relating to 

3 the commercial production, including an analysis of the 

4 impacts of the production. 

5 (e) OAK FLAT WITHDRAWAL AREA RESTRICTION.— 

6 (1) MINERAL EXPLORATION.—To ensure the 

7 collection and consideration of adequate information 

8 to analyze possible commercial production of min9 erals by Resolution Copper from the Oak Flat With10 drawal Area, notwithstanding any other provision of 

11 law, Resolution Copper may carry out mineral explo12 ration activities under the Oak Flat Withdrawal 

13 Area during the period beginning on the date of en14 actment of this Act and ending on the date of con15 veyance of the Oak Flat Withdrawal Area to Resolu16 tion Copper under section 4(b)(1)(B) by directional 

17 drilling or any other method that will not disturb the 

18 surface of the land. 

19 (2) SENSE OF CONGRESS REGARDING PER20 MIT.—It is the sense of Congress that the Secretary 

21 should issue to Resolution Copper a permit to con22 duct appropriate directional drilling or other nonsur23 face-disturbing exploration in the Oak Flat With24 drawal Area as soon as practicable after the date of 

25 enactment of this Act. 


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1 (f) EXCHANGE AND POST-EXCHANGE COSTS.—In ac2 cordance with sections 254.4 and 254.7 of title 36, Code 

3 of Federal Regulations (or successor regulations), Resolu4 tion Copper shall assume responsibility for— 

5 (1) hiring such contractors as are necessary for 

6 carrying out any exchange or conveyance of land 

7 under this Act; and 

8 (2) paying, without compensation under section 

9 254.7 of title 36, Code of Federal Regulations (or a 

10 successor regulation)— 

11 (A) the costs of any appraisal relating to 

12 an exchange or conveyance under this Act, in13 cluding any reasonable reimbursements to the 

14 Secretary on request of the Secretary for the 

15 cost of reviewing and approving an appraisal; 

16 (B) the costs of any clearances, reviews, 

17 mitigation activities, and approvals under sub18 section (c), including any necessary land sur19 veys conducted by the Bureau of Land Manage20 ment Cadastral Survey program; 

21 (C) the costs of achieving compliance with 

22 the National Environmental Policy Act of 1969 

23 (42 U.S.C. 4321 et seq.) under subsection (d); 

24 and 


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1 (D) any other cost agreed to by Resolution 

2 Copper and the Secretary concerned. 

3 (g) CONTRACTOR WORK AND APPROVALS.— 

4 (1) IN GENERAL.—Any work relating to the ex5 change or conveyance of land under this Act that is 

6 performed by a contractor shall be subject to the 

7 mutual agreement of the Secretary concerned and 

8 Resolution Copper, including any agreement with re9 spect to— 

10 (A) the selection of the contractor; and 

11 (B) the scope of work performed by the 

12 contractor. 

13 (2) REVIEW AND APPROVAL.—Any required re14 view and approval of work by a contractor shall be 

15 performed by the Secretary concerned, in accordance 

16 with applicable law (including regulations). 

17 (3) LEAD ACTOR AGREEMENT.—The Secretary 

18 of Agriculture and the Secretary of the Interior may 

19 mutually agree to designate the Secretary of Agri20 culture as the lead actor for any action under this 

21 subsection. 

22 SEC. 6. CONVEYANCE OF LAND TO TOWN. 

23 (a) CONVEYANCE REQUIREMENTS.— 


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1 (1) IN GENERAL.—On receipt of a request from 

2 the Town described in paragraph (2), the Secretary 

3 shall convey to the Town each parcel requested. 

4 (2) DESCRIPTION OF REQUEST.—A request re5 ferred to in paragraph (1) is a request by the 

6 Town— 

7 (A) for the conveyance of 1 or more of the 

8 parcels identified in subsection (b); and 

9 (B) that is submitted to the Secretary by 

10 not later than 90 days after the date of con11 summation of the land exchange under section 

12 4. 

13 (3) PRICE.—The Town shall pay to the Sec14 retary a price equal to the market value of any land 

15 conveyed under this subsection, as appraised under 

16 section 7, less the amount of any credit under sec17 tion 7(b)(3). 

18 (b) IDENTIFICATION OF PARCELS.—The Town may 

19 request conveyance of any of— 

20 (1) the approximately 30 acres of land located 

21 in Pinal County, Arizona, occupied on the date of 

22 enactment of this Act by the Fairview Cemetery and 

23 depicted on the map entitled ‘‘Southeast Arizona 

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1 eral Parcel–Fairview Cemetery’’ and dated January 

2 2009; 

3 (2) the reversionary interest, and any reserved 

4 mineral interest, of the United States in the approxi5 mately 265 acres of land located in Pinal County, 

6 Arizona, depicted on the map entitled ‘‘Southeast 

7 Arizona Land Exchange and Conservation Act of 

8 2009–Federal Reversionary Interest–Superior Air9 port’’ and dated January 2009; and 

10 (3) all or any portion of the approximately 250 

11 acres of land located in Pinal County, Arizona, de12 picted on the map entitled ‘‘Southeast Arizona Land 

13 Exchange and Conservation Act of 2009–Federal 

14 Parcel–Superior Airport Contiguous Parcels’’ and 

15 dated January 2009. 

16 (c) CONDITION OF CONVEYANCE.—A conveyance of 

17 land under this section shall be carried out in a manner 

18 that provides the United States manageable boundaries on 

19 any parcel retained by the Secretary, to the maximum ex20 tent practicable. 

21 SEC. 7. VALUATION OF LAND EXCHANGED OR CONVEYED. 

22 (a) EXCHANGE VALUATION.— 

23 (1) IN GENERAL.—The value of the land to be 

24 exchanged under section 4 or conveyed to the Town 

25 under section 6 shall be determined by the Secretary 


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1 through concurrent appraisals conducted in accord2 ance with paragraph (2). 

3 (2) APPRAISALS.— 

4 (A) IN GENERAL.—An appraisal under this 

5 section shall be— 

6 (i) performed by an appraiser mutu7 ally agreed to by the Secretary and Resolu8 tion Copper; 

9 (ii) performed in accordance with— 

10 (I) the Uniform Appraisal Stand11 ards for Federal Land Acquisitions 

12 (Department of Justice, 5th Edition, 

13 December 20, 2000); 

14 (II) the Uniform Standards of 

15 Professional Appraisal Practice; and 

16 (III) Forest Service appraisal in17 structions; and 

18 (iii) submitted to the Secretary for re19 view and approval. 

20 (B) REAPPRAISALS AND UPDATED AP21 PRAISED VALUES.—After the final appraised 

22 value of a parcel is determined and approved 

23 under subparagraph (A), the Secretary shall 

24 not be required to reappraise or update the 

25 final appraised value— 


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1 (i) for a period of 3 years after the 

2 approval by the Secretary of the final ap3 praised value under subparagraph (A)(iii); 

4 or 

5 (ii) at all, in accordance with section 

6 254.14 of title 36, Code of Federal Regula7 tions (or a successor regulation), after an 

8 exchange agreement is entered into by Res9 olution Copper and the Secretary. 

10 (C) PUBLIC REVIEW.—Before consum11 mating the land exchange under section 4, the 

12 Secretary shall make available for public review 

13 a summary of the appraisals of the land to be 

14 exchanged. 

15 (3) FAILURE TO AGREE.—If the Secretary and 

16 Resolution Copper fail to agree on the value of a 

17 parcel to be exchanged, the final value of the parcel 

18 shall be determined in accordance with section 

19 206(d) of the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1716(d)). 

21 (4) FEDERAL LAND APPRAISAL.— 

22 (A) IN GENERAL.—The Federal land shall 

23 be appraised in accordance with the standards 

24 and instructions referred to in paragraph 


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1 (2)(A)(ii) and other applicable requirements of 

2 this section. 

3 (B) TREATMENT AS UNENCUMBERED.— 

4 The value of the Federal land outside the Oak 

5 Flat Withdrawal Area shall be determined as if 

6 the land is unencumbered by any unpatented 

7 mining claims of Resolution Copper. 

8 (C) EFFECT.—Nothing in this Act affects 

9 the validity of any unpatented mining claim or 

10 right of Resolution Copper. 

11 (D) ADDITIONAL APPRAISAL INFORMA12 TION.—To provide information necessary to cal13 culate a value adjustment payment for purposes 

14 of section 12, the appraiser under this para15 graph shall include in the appraisal report a de16 tailed royalty income approach analysis, in ac17 cordance with the Uniform Appraisal Standards 

18 for Federal Land Acquisition, of the market 

19 value of the Federal land, even if the royalty in20 come approach analysis is not the appraisal ap21 proach relied on by the appraiser to determine 

22 the final market value of the Federal land. 

23 (b) EQUALIZATION OF VALUE.— 

24 (1) SURPLUS OF FEDERAL LAND VALUE.— 


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1 (A) IN GENERAL.—If the final appraised 

2 value of the Federal land exceeds the value of 

3 the non-Federal land involved in the exchange 

4 under section 4, Resolution Copper shall make 

5 a cash equalization payment into the Federal 

6 Land Disposal Account (as provided in sub7 section (e)) to equalize the values of the Fed8 eral land and non-Federal land. 

9 (B) AMOUNT OF PAYMENT.—Notwith10 standing section 206(b) of the Federal Land 

11 Policy and Management Act of 1976 (43 U.S.C. 

12 1716(b)), the United States may accept a cash 

13 equalization payment under subparagraph (A) 

14 in an amount that is greater than 25 percent 

15 of the value of the Federal land. 

16 (2) SURPLUS OF NON-FEDERAL LAND VALUE.— 

17 If the final appraised value of the non-Federal land 

18 exceeds the value of the Federal land involved in the 

19 exchange under section 4— 

20 (A) the United States shall not make a 

21 payment to Resolution Copper to equalize the 

22 values of the land; and 

23 (B) the surplus value of the non-Federal 

24 land shall be considered to be a donation by 

25 Resolution Copper to the United States. 


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1 (3) PAYMENT FOR LAND CONVEYED TO

2 TOWN.— 

3 (A) IN GENERAL.—The Town shall pay the 

4 Secretary market value for any land acquired 

5 by the Town from the Secretary under section 

6 6, as determined by the Secretary through an 

7 appraisal conducted in accordance with sub8 section (a)(2). 

9 (B) CREDIT.—If the final appraised value 

10 of the non-Federal land exceeds the value of the 

11 Federal land in the exchange under section 4, 

12 the obligation of the Town to pay the United 

13 States under subparagraph (A) shall be reduced 

14 by an amount equal to the excess value of the 

15 non-Federal land conveyed to the United 

16 States. 

17 (4) DISPOSITION AND USE OF PROCEEDS.— 

18 (A) CASH EQUALIZATION PAYMENTS.—Any 

19 cash equalization payment under paragraph 

20 (1)(A) shall be deposited, without further ap21 propriation, in the Federal Land Disposal Ac22 count for use in accordance with section 4(e). 

23 (B) PAYMENT FOR LAND CONVEYED TO

24 TOWN.—Any payment received by the Secretary 


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1 from the Town under paragraph (3)(A) shall 

2 be— 

3 (i) deposited in the fund established 

4 under Public Law 90–171 (commonly 

5 known as the ‘‘Sisk Act’’) (16 U.S.C. 

6 484a); and 

7 (ii) made available to the Secretary, 

8 without further appropriation, for the ac9 quisition of land for addition to the Na10 tional Forest System in the State of Ari11 zona. 

12 SEC. 8. APACHE LEAP PROTECTION AND MANAGEMENT. 

13 (a) APACHE LEAP PROTECTION AND MANAGE14 MENT.— 

15 (1) IN GENERAL.—To permanently protect the 

16 cultural, historic, educational, and natural resource 

17 values of Apache Leap, effective beginning on the 

18 date of enactment of this Act, the Secretary shall— 

19 (A) manage Apache Leap in accordance 

20 with the laws (including regulations) applicable 

21 to the National Forest System; and 

22 (B) place special emphasis on preserving 

23 the natural character of Apache Leap. 

24 (2) WITHDRAWAL.—Subject to the valid exist25 ing rights of Resolution Copper under section 


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1 4(d)(2), effective beginning on the date of enactment 

2 of this Act, Apache Leap shall be permanently with3 drawn from all forms of entry and appropriation 

4 under— 

5 (A) the public land laws (including the 

6 mining and mineral leasing laws); and 

7 (B) the Geothermal Steam Act of 1970 

8 (30 U.S.C. 1001 et seq.). 

9 (b) ADDITIONAL PROTECTIONS, ANALYSIS, AND

10 PLAN.— 

11 (1) MANAGEMENT PLAN.—Not later than 4 

12 years after the date of enactment of this Act, the 

13 Secretary, in consultation with the Town, Resolution 

14 Copper, the Yavapai and Apache Indian tribes, and 

15 other interested members of the public, shall solicit 

16 public comment regarding, and initiate implementa17 tion of, a management plan for Apache Leap. 

18 (2) PLANNING CONSIDERATIONS.—The plan de19 scribed in paragraph (1) shall examine, among other 

20 matters, whether Apache Leap should be managed 

21 to establish— 

22 (A) additional cultural and historical re23 source protections or measures, including per24 manent or seasonal closures of any portion of 


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1 Apache Leap to protect cultural or archeological 

2 resources; 

3 (B) additional or alternative public access 

4 routes, trails, and trailheads to Apache Leap; 

5 or 

6 (C) additional opportunities (including ap7 propriate access) for rock climbing, with special 

8 emphasis on improved rock climbing access to 

9 Apache Leap from the west. 

10 (c) MINING ACTIVITIES.—Nothing in this section im11 poses any restriction on any exploration or mining activity 

12 carried out by Resolution Copper outside of Apache Leap 

13 after the date of enactment of this Act. 

14 SEC. 9. INCORPORATION, MANAGEMENT, AND STATUS OF 

15 ACQUIRED LAND. 

16 (a) LAND ACQUIRED BY SECRETARY.— 

17 (1) IN GENERAL.—Land acquired by the Sec18 retary under this Act shall— 

19 (A) become part of the National Forest 

20 within which the land is located; and 

21 (B) be administered in accordance with the 

22 laws (including regulations) applicable to the 

23 National Forest System. 

24 (2) BOUNDARIES.—For purposes of section 7 of 

25 the Land and Water Conservation Fund Act of 1965 


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1 (16 U.S.C. 4601 et seq.), the boundaries of a Na2 tional Forest in which land acquired by the Sec3 retary is located shall be deemed to be the bound4 aries of that forest as in existence on January 1, 

5 1965. 

6 (3) MANAGEMENT OF J–I RANCH.— 

7 (A) IN GENERAL.—On the date on which 

8 the Secretary acquires the J–I Ranch parcel de9 scribed in section 4(c)(1)(D), the Secretary 

10 shall manage the land to allow Yavapai and 

11 Apache Indian tribes— 

12 (i) to access the land; and 

13 (ii) to undertake traditional activities 

14 relating to the gathering of acorns. 

15 (B) AUTHORITY OF SECRETARY.—On re16 ceipt of a request from the Yavapai or Apache 

17 Indian tribe, the Secretary may temporarily or 

18 seasonally close to the public any portion of the 

19 J–I Ranch during the period in which the 

20 Yavapai or Apache Indian tribe carries out any 

21 activity described in subparagraph (A)(ii). 

22 (b) ROCK CLIMBING.— 

23 (1) IN GENERAL.—Before consummating the 

24 land exchange under section 4, Resolution Copper 

25 shall pay to the Secretary $1,250,000. 


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1 (2) USE OF FUNDS.—The Secretary shall use 

2 the amount described in paragraph (1), without fur3 ther appropriation, to construct or improve road ac4 cess, turnouts, trails, camping, parking areas, or 

5 other facilities to promote and enhance rock climb6 ing, bouldering, and such other outdoor recreational 

7 opportunities as the Secretary determines to be ap8 propriate— 

9 (A) in the general area north of Arizona 

10 State Highway 60 encompassing the parcel de11 scribed in section 4(c)(1)(F) and adjacent Na12 tional Forest land to the north of that parcel 

13 (commonly known as the ‘‘upper Pond area’’); 

14 or 

15 (B) in the areas commonly known as 

16 ‘‘Inconceivables’’ and ‘‘Chill Hill’’ located in or 

17 adjacent to secs. 26, 35, and 36, T. 2 S., R. 12 

18 E., Gila and Salt River Meridian. 

19 (3) TIMING.—To the maximum extent prac20 ticable, the Secretary shall use the amount described 

21 in paragraph (1) during the 2-year period beginning 

22 on the date of consummation of the land exchange 

23 under section 4. 

24 (4) THE POND PARCEL WORK.— 


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1 (A) IN GENERAL.—To improve rock climb2 ing opportunities in the parcel described in sec3 tion 4(c)(1)(F) and the upper Pond area, Reso4 lution Copper, in consultation with the Sec5 retary and rock climbing interests, may con6 struct roads or improve road access to, con7 struct trails, camping, parking areas, or other 

8 facilities on, or provide other access to, the 

9 Pond parcel described in section 4(c)(1)(F) be10 fore the date of the conveyance under section 

11 4(c). 

12 (B) COSTS.—Resolution Copper shall pay 

13 the cost of any activity carried out under sub14 paragraph (A), in addition to the amount speci15 fied in paragraph (1). 

16 (c) LAND ACQUIRED BY SECRETARY OF INTERIOR.— 

17 (1) IN GENERAL.—Land acquired by the Sec18 retary of the Interior under this Act shall— 

19 (A) become part of the Federal administra20 tive area (including the Las Cienegas National 

21 Conservation Area or other national conserva22 tion area, if applicable) within which the land 

23 is located or to which the land is adjacent; and 

24 (B) be managed in accordance with the 

25 laws (including regulations) applicable to the 


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1 Federal administrative area or national con2 servation area within which the land is located 

3 or to which the land is adjacent. 

4 (2) LOWER SAN PEDRO RIVER LAND.—To pre5 serve and enhance the natural character and con6 servation value of the lower San Pedro River land 

7 described in section 4(c)(2)(A), on acquisition of the 

8 land by the Secretary of the Interior, the land shall 

9 be automatically incorporated in, and administered 

10 as part of, the San Pedro Riparian National Con11 servation Area. 

12 (d) WITHDRAWAL.—On acquisition by the United 

13 States of any land under this Act, subject to valid existing 

14 rights and without further action by the Secretary con15 cerned, the acquired land is permanently withdrawn from 

16 all forms of entry and appropriation under— 

17 (1) the public land laws (including the mining 

18 and mineral leasing laws); and 

19 (2) the Geothermal Steam Act of 1970 (30 

20 U.S.C. 1001 et seq.). 

21 SEC. 10. OAK FLAT CAMPGROUND. 

22 (a) REPLACEMENT CAMPGROUNDS.— 

23 (1) IN GENERAL.—Not later than 4 years after 

24 the date of enactment of this Act, the Secretary, in 

25 consultation with Resolution Copper, the Town, and 


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1 other interested parties, shall design and construct 

2 in the Globe Ranger District of the Tonto National 

3 Forest 1 or more replacement campgrounds for the 

4 Oak Flat Campground (including appropriate access 

5 routes to any replacement campgrounds). 

6 (2) PUBLIC FACILITIES.—Any replacement 

7 campgrounds under this subsection shall be designed 

8 and constructed in a manner that adequately (as de9 termined in the sole discretion of the Secretary) re10 places, or improves on, the facilities, functions, and 

11 amenities available to the public at the Oak Flat 

12 Campground. 

13 (b) COSTS OF REPLACEMENT.—Resolution Copper 

14 shall pay the actual cost of designing, constructing, and 

15 providing access to any replacement campgrounds under 

16 this subsection, not to exceed $1,000,000. 

17 (c) INTERIM OAK FLAT CAMPGROUND ACCESS.—The 

18 document conveying the Federal land to Resolution Cop19 per under section 4(b) shall specify that— 

20 (1) during the 4-year period beginning on the 

21 date of enactment of this Act, the Secretary shall re22 tain title to, operate, and maintain the Oak Flat 

23 Campground; and 

24 (2) at the end of that 4-year period— 


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1 (A) the withdrawal of the Oak Flat Camp2 ground shall be revoked; and 

3 (B) title to the Oak Flat Campground 

4 shall be simultaneously conveyed to Resolution 

5 Copper. 

6 (d) BOULDERBLAST COMPETITION.—During the 5- 

7 year period beginning on the date of enactment of this 

8 Act, the Secretary, in consultation with Resolution Cop9 per, may issue not more than 1 special use permit per 

10 calendar year to provide public access to the bouldering 

11 area on the Federal land for purposes of the annual 

12 ‘‘BoulderBlast’’ competition. 

13 SEC. 11. TRADITIONAL ACORN GATHERING AND RELATED 

14 ACTIVITIES IN AND AROUND OAK FLAT 

15 CAMPGROUND. 

16 (a) SENSE OF CONGRESS REGARDING ACORN GATH17 ERING.—In addition to the acorn gathering opportunities 

18 described in section 9(a)(3)(A)(ii), it is the sense of Con19 gress that, on receipt of a request from the Apache or 

20 Yavapai Indian tribe or any other Indian tribe during the 

21 180-day period beginning on the date of conveyance of the 

22 Federal land to Resolution Copper under section 4, Reso23 lution Copper should endeavor to negotiate and execute 

24 a revocable authorization to each applicable Indian tribe 


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1 to use an area in and around the Oak Flat Campground 

2 for traditional acorn gathering and related activities. 

3 (b) AREA AND TERMS.—The precise area and terms 

4 of use described in subsection (a)— 

5 (1) shall be agreed to by Resolution Copper and 

6 the applicable Indian tribes; and 

7 (2) may be modified or revoked by Resolution 

8 Copper if Resolution Copper, in consultation with 

9 the Indian tribes, determines that all or a portion of 

10 the authorized use area needs to be closed on a tem11 porary or permanent basis— 

12 (A) to protect the health or safety of users; 

13 or 

14 (B) to accommodate an exploration or min15 ing plan of Resolution Copper. 

16 SEC. 12. VALUE ADJUSTMENT PAYMENT TO UNITED 

17 STATES. 

18 (a) ANNUAL PRODUCTION REPORTING.— 

19 (1) IN GENERAL.—Beginning on February 15 

20 of the first calendar year beginning after the date of 

21 commencement of production of valuable locatable 

22 minerals in commercial quantities (as defined by ap23 plicable Federal laws (including regulations)) from 

24 the Federal land conveyed to Resolution Copper 

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1 tion Copper shall file with the Secretary of the Inte2 rior a report indicating the quantity of locatable 

3 minerals in commercial quantities produced from the 

4 Federal land during the preceding calendar year. 

5 (2) REPORT CONTENTS.—The reports under 

6 paragraph (1) shall comply with all recordkeeping 

7 and reporting requirements of applicable Federal 

8 laws (including regulations) in effect at the time of 

9 production relating to the production of valuable 

10 locatable minerals in commercial quantities on any 

11 federally owned land. 

12 (b) PAYMENT ON PRODUCTION.—If the cumulative 

13 production of valuable locatable minerals in commercial 

14 quantities produced from the Federal land conveyed to 

15 Resolution Copper under section 4(b) exceeds the quantity 

16 of production of locatable minerals from the Federal land 

17 used in the royalty income approach analysis under the 

18 Uniform Appraisal Standards for Federal Land Acquisi19 tions prepared under section 7(a)(4)(D), Resolution Cop20 per shall pay to the United States, by not later than 

21 March 15 of each applicable calendar year, a value adjust22 ment payment for the quantity of excess production at a 

23 rate equal to— 

24 (1) the Federal royalty rate in effect for the 

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1 ally owned land, if such a rate is enacted before De2 cember 31, 2012; or 

3 (2) if no Federal royalty rate is enacted by the 

4 date described in paragraph (1), the royalty rate 

5 used for purposes of the royalty income approach 

6 analysis prepared under section 7(a)(4)(D). 

7 (c) STATE LAW UNAFFECTED.—Nothing in this Act 

8 modifies, expands, diminishes, amends, or otherwise af9 fects any State law (including regulations) relating to the 

10 imposition, application, timing, or collection of a State ex11 cise or severance tax under Arizona Revised Statutes 42– 

12 5201–5206. 

13 (d) USE OF FUNDS.—The funds paid to the United 

14 States under this section shall— 

15 (1) be deposited in a special account of the 

16 Treasury; and 

17 (2) remain available, without further appropria18 tion, to the Secretary and the Secretary of the Inte19 rior, as the Secretaries jointly determine to be ap20 propriate, for the acquisition of land or interests in 

21 land from willing sellers in the State of Arizona. 

22 SEC. 13. MISCELLANEOUS PROVISIONS. 

23 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

24 (1) REVOCATION OF ORDERS.—Any public land 

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1 priation or disposal under a public land law shall be 

2 revoked to the extent necessary to permit disposal of 

3 the land. 

4 (2) WITHDRAWAL.—On the date of enactment 

5 of this Act, if the Federal land or any Federal inter6 est in the non-Federal land to be exchanged under 

7 section 4 is not withdrawn or segregated from entry 

8 and appropriation under a public land law (including 

9 mining and mineral leasing laws and the Geothermal 

10 Steam Act of l970 (30 U.S.C. 1001 et seq.)), the 

11 land or interest shall be withdrawn, without further 

12 action required by the Secretary concerned, from 

13 entry and appropriation, subject to the valid existing 

14 rights of Resolution Copper, until the date of the 

15 conveyance of Federal land under section 4(b). 

16 (b) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

17 (1) MINOR ERRORS.—The Secretary concerned 

18 and Resolution Copper, may correct, by mutual 

19 agreement, any minor errors in any map, acreage es20 timate, or description of any land conveyed or ex21 changed under this Act. 

22 (2) CONFLICT.—If there is a conflict between a 

23 map, an acreage estimate, or a description of land 

24 under this Act, the map shall control unless the SecVerDate Nov 24 2008 07:11 May 22, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2509.IH H2509

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1 retary concerned and Resolution Copper mutually 

2 agree otherwise. 

3 (3) AVAILABILITY.—On the date of enactment 

4 of this Act, the Secretary shall file and make avail5 able for public inspection in the Office of the Super6 visor, Tonto National Forest, each map referred to 

7 in this Act. 

Æ 


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