29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–167 

SOUTHEAST ARIZONA LAND EXCHANGE AND 

CONSERVATION ACT OF 2013 

JULY 22, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 687] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 687) 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, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

Sec. 3. Definitions. 

Sec. 4. Land exchange. 

Sec. 5. Conveyance and management of non-Federal land. 

Sec. 6. Value adjustment payment to United States. 

Sec. 7. Withdrawal. 

Sec. 8. Apache leap. 

Sec. 9. Miscellaneous provisions. 

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds that— 


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(1) the land exchange furthers public objectives referenced in section 206 of 

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) including— 

(A) promoting significant job and other economic opportunities in a part 

of the State of Arizona that has a long history of mining, but is currently 

experiencing high unemployment rates and economic difficulties; 

(B) facilitating the development of a world-class domestic copper deposit 

capable of meeting a significant portion of the annual United States demand for this strategic and important mineral, in an area which has already been subject to mining operations; 

(C) significantly enhancing Federal, State, and local revenue collections 

in a time of severe governmental budget shortfalls; 

(D) securing Federal ownership and protection of land with significant 

fish and wildlife, recreational, scenic, water, riparian, cultural, and other 

public values; 

(E) assisting more efficient Federal land management via Federal acquisition of land for addition to the Las Cienegas and San Pedro National Conservation Areas, and to the Tonto and Coconino National Forests; 

(F) providing opportunity for community expansion and economic diversification adjacent to the towns of Superior, Miami, and Globe, Arizona; and 

(G) protecting the cultural resources and other values of the Apache Leap 

escarpment located near Superior, Arizona; and 

(2) the land exchange is, therefore, in the public interest. 

(b) PURPOSE.—It is the purpose of this Act to authorize, direct, facilitate, and expedite the exchange of land between Resolution Copper and the United States. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) APACHE LEAP.—The term ‘‘Apache Leap’’ means the approximately 807 

acres of land depicted on the map entitled ‘‘Southeast Arizona Land Exchange 

and Conservation Act of 2013–Apache Leap’’ and dated February 2013. 

(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 2,422 

acres of land located in Pinal County, Arizona, depicted on the map entitled 

‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–Federal Parcel–Oak Flat’’ and dated February 2013. 

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term 

in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b). 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the parcels of 

land owned by Resolution Copper that are described in section 5(a) and, if necessary to equalize the land exchange under section 4, section 4(e)(2)(A)(i). 

(5) OAK FLAT CAMPGROUND.—The term ‘‘Oak Flat Campground’’ means the 

approximately 50 acres of land comprising approximately 16 developed campsites depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–Oak Flat Campground’’ and dated February 2013. 

(6) OAK FLAT WITHDRAWAL AREA.—The term ‘‘Oak Flat Withdrawal Area’’ 

means the approximately 760 acres of land depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–Oak Flat Withdrawal Area’’ and dated February 2013. 

(7) RESOLUTION COPPER.—The term ‘‘Resolution Copper’’ means Resolution 

Copper Mining, LLC, a Delaware limited liability company, including any successor, assign, affiliate, member, or joint venturer of Resolution Copper Mining, 

LLC. 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(9) STATE.—The term ‘‘State’’ means the State of Arizona. 

(10) TOWN.—The term ‘‘Town’’ means the incorporated town of Superior, Arizona. 

SEC. 4. LAND EXCHANGE. 

(a) IN GENERAL.—Subject to the provisions of this Act, if Resolution Copper offers 

to convey to the United States all right, title, and interest of Resolution Copper in 

and to the non-Federal land, the Secretary is authorized and directed to convey to 

Resolution Copper, all right, title, and interest of the United States in and to the 

Federal land. 

(b) CONDITIONS ON ACCEPTANCE.—Title to any non-Federal land conveyed by Resolution Copper to the United States under this Act shall be in a form that— 

(1) is acceptable to the Secretary, for land to be administered by the Forest 

Service and the Secretary of the Interior, for land to be administered by the Bureau of Land Management; and 


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(2) conforms to the title approval standards of the Attorney General of the 

United States applicable to land acquisitions by the Federal Government. 

(c) CONSULTATION WITH INDIAN TRIBES.—If not undertaken prior to enactment of 

this Act, within 30 days of the date of enactment of this Act, the Secretary shall 

engage in government-to-government consultation with affected Indian tribes concerning issues related to the land exchange, in accordance with applicable laws (including regulations). 

(d) APPRAISALS.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary and Resolution Copper shall select an appraiser to conduct 

appraisals of the Federal land and non-Federal land in compliance with the requirements of section 254.9 of title 36, Code of Federal Regulations. 

(2) REQUIREMENTS.— (A) IN GENERAL.—Except as provided in subparagraph (B), an appraisal 

prepared under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including— 

(i) the Uniform Appraisal Standards for Federal Land Acquisitions; 

and 

(ii) the Uniform Standards of Professional Appraisal Practice. 

(B) FINAL APPRAISED VALUE.—After the final appraised values of the Federal land and non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final 

appraised value— 

(i) for a period of 3 years beginning on the date of the approval by 

the Secretary of the final appraised value; or 

(ii) at all, in accordance with section 254.14 of title 36, Code of Federal Regulations (or a successor regulation), after an exchange agreement is entered into by Resolution Copper and the Secretary. 

(C) IMPROVEMENTS.—Any improvements made by Resolution Copper prior 

to entering into an exchange agreement shall not be included in the appraised value of the Federal land. 

(D) PUBLIC REVIEW.—Before consummating the land exchange under this 

Act, the Secretary shall make the appraisals of the land to be exchanged 

(or a summary thereof) available for public review. 

(3) APPRAISAL INFORMATION.—The appraisal prepared under this subsection 

shall include a detailed income capitalization approach analysis of the market 

value of the Federal land which may be utilized, as appropriate, to determine 

the value of the Federal land, and shall be the basis for calculation of any payment under section 6. 

(e) EQUAL VALUE LAND EXCHANGE.— 

(1) IN GENERAL.—The value of the Federal land and non-Federal land to be 

exchanged under this Act shall be equal or shall be equalized in accordance 

with this subsection. 

(2) SURPLUS OF FEDERAL LAND VALUE.— 

(A) IN GENERAL.—If the final appraised value of the Federal land exceeds 

the value of the non-Federal land, Resolution Copper shall— 

(i) convey additional non-Federal land in the State to the Secretary 

or the Secretary of the Interior, consistent with the requirements of 

this Act and subject to the approval of the applicable Secretary; 

(ii) make a cash payment to the United States; or 

(iii) use a combination of the methods described in clauses (i) and (ii), 

as agreed to by Resolution Copper, the Secretary, and the Secretary of 

the Interior. 

(B) AMOUNT OF PAYMENT.—The Secretary may accept a payment in excess of 25 percent of the total value of the land or interests conveyed, notwithstanding section 206(b) of the Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1716(b)). 

(C) DISPOSITION AND USE OF PROCEEDS.—Any amounts received by the 

United States under this subparagraph shall be deposited in the fund established under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’; 16 

U.S.C. 484a) and shall be made available, in such amounts as are provided 

in advance in appropriation Acts, to the Secretary for the acquisition of 

land for addition to the National Forest System. 

(3) SURPLUS OF NON-FEDERAL LAND.—If the final appraised value of the nonFederal land exceeds the value of the Federal land— 

(A) the United States shall not make a payment to Resolution Copper to 

equalize the value; and 

(B) the surplus value of the non-Federal land shall be considered to be 

a donation by Resolution Copper to the United States. 


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(f) OAK FLAT WITHDRAWAL AREA.— 

(1) PERMITS.—Subject to the provisions of this subsection and notwithstanding any withdrawal of the Oak Flat Withdrawal Area from the mining, 

mineral leasing, or public land laws, the Secretary, upon enactment of this Act, 

shall issue to Resolution Copper— 

(A) if so requested by Resolution Copper, within 30 days of such request, 

a special use permit to carry out mineral exploration activities under the 

Oak Flat Withdrawal Area from existing drill pads located outside the 

Area, if the activities would not disturb the surface of the Area; and 

(B) if so requested by Resolution Copper, within 90 days of such request, 

a special use permit to carry out mineral exploration activities within the 

Oak Flat Withdrawal Area (but not within the Oak Flat Campground), if 

the activities are conducted from a single exploratory drill pad which is located to reasonably minimize visual and noise impacts on the Campground. 

(2) CONDITIONS.—Any activities undertaken in accordance with this subsection shall be subject to such reasonable terms and conditions as the Secretary may require. 

(3) TERMINATION.—The authorization for Resolution Copper to undertake 

mineral exploration activities under this subsection shall remain in effect until 

the Oak Flat Withdrawal Area land is conveyed to Resolution Copper in accordance with this Act. 

(g) COSTS.—As a condition of the land exchange under this Act, Resolution Copper 

shall agree to pay, without compensation, all costs that are— 

(1) associated with the land exchange and any environmental review document under subsection (j); and 

(2) agreed to by the Secretary. 

(h) USE OF FEDERAL LAND.—The Federal land to be conveyed to Resolution Copper under this Act shall be available to Resolution Copper for mining and related 

activities subject to and in accordance with applicable Federal, State, and local laws 

pertaining to mining and related activities on land in private ownership. 

(i) INTENT OF CONGRESS.—It is the intent of Congress that the land exchange directed by this Act shall be consummated not later than one year after the date of 

enactment of this Act. 

(j) ENVIRONMENTAL COMPLIANCE.—Compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this Act shall 

be as follows: 

(1) Prior to commencing production in commercial quantities of any valuable 

mineral from the Federal land conveyed to Resolution Copper under this Act 

(except for any production from exploration and mine development shafts, adits, 

and tunnels needed to determine feasibility and pilot plant testing of commercial production or to access the ore body and tailing deposition areas), Resolution Copper shall submit to the Secretary a proposed mine plan of operations. 

(2) The Secretary shall, within 3 years of such submission, complete preparation of an environmental review document in accordance with section 102(2) of 

the National Environmental Policy Act of 1969 (42 U.S.C. 4322(2)) which shall 

be used as the basis for all decisions under applicable Federal laws, rules and 

regulations regarding any Federal actions or authorizations related to the proposed mine and mine plan of operations of Resolution Copper, including the construction of associated power, water, transportation, processing, tailings, waste 

dump, and other ancillary facilities. 

SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL LAND. 

(a) CONVEYANCE.—On receipt of title to the Federal land, Resolution Copper shall 

simultaneously convey— 

(1) to the Secretary, all right, title, and interest that the Secretary determines 

to be acceptable in and to— 

(A) the approximately 147 acres of land located in Gila County, Arizona, 

depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–Non-Federal Parcel–Turkey Creek’’ and dated February 2013; 

(B) the approximately 148 acres of land located in Yavapai County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and 

Conservation Act of 2013–Non-Federal Parcel–Tangle Creek’’ and dated 

February 2013; 

(C) the approximately 149 acres of land located in Maricopa County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and 

Conservation Act of 2013–Non-Federal Parcel–Cave Creek’’ and dated February 2013; 


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(D) the approximately 640 acres of land located in Coconino County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and 

Conservation Act of 2013–Non-Federal Parcel–East Clear Creek’’ and dated 

February 2013; and 

(E) the approximately 110 acres of land located in Pinal County, Arizona, 

depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–Apache Leap South End’’ and dated February 2013; 

and 

(2) to the Secretary of the Interior, all right, title, and interest that the Secretary of the Interior determines to be acceptable in and to— 

(A) the approximately 3,050 acres of land located in Pinal County, Arizona, identified as ‘‘Lands to DOI’’ as generally depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013–NonFederal Parcel–Lower San Pedro River’’ and dated February 2013; 

(B) the approximately 160 acres of land located in Gila and Pinal Counties, Arizona, identified as ‘‘Lands to DOI’’ as generally depicted on the map 

entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013– 

Non-Federal Parcel–Dripping Springs’’ and dated February 2013; and 

(C) the approximately 940 acres of land located in Santa Cruz County, 

Arizona, identified as ‘‘Lands to DOI’’ as generally depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2013– 

Non-Federal Parcel–Appleton Ranch’’ and dated February 2013. 

(b) MANAGEMENT OF ACQUIRED LAND.— 

(1) LAND ACQUIRED BY THE SECRETARY.— 

(A) IN GENERAL.—Land acquired by the Secretary under this Act shall— 

(i) become part of the national forest in which the land is located; and 

(ii) be administered in accordance with the laws applicable to the National Forest System. 

(B) BOUNDARY REVISION.—On the acquisition of land by the Secretary 

under this Act, the boundaries of the national forest shall be modified to 

reflect the inclusion of the acquired land. 

(C) LAND AND WATER CONSERVATION FUND.—For purposes of section 7 of 

the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–9), the 

boundaries of a national forest in which land acquired by the Secretary is 

located shall be deemed to be the boundaries of that forest as in existence 

on January 1, 1965. 

(2) LAND ACQUIRED BY THE SECRETARY OF THE INTERIOR.— 

(A) SAN PEDRO NATIONAL CONSERVATION AREA.— 

(i) IN GENERAL.—The land acquired by the Secretary of the Interior 

under subsection (a)(2)(A) shall be added to, and administered as part 

of, the San Pedro National Conservation Area in accordance with the 

laws (including regulations) applicable to the Conservation Area. 

(ii) MANAGEMENT PLAN.—Not later than 2 years after the date on 

which the land is acquired, the Secretary of the Interior shall update 

the management plan for the San Pedro National Conservation Area to 

reflect the management requirements of the acquired land. 

(B) DRIPPING SPRINGS.—Land acquired by the Secretary of the Interior 

under subsection (a)(2)(B) shall be managed in accordance with the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. 

(C) LAS CIENEGAS NATIONAL CONSERVATION AREA.—Land acquired by the 

Secretary of the Interior under subsection (a)(2)(C) shall be added to, and 

administered as part of, the Las Cienegas National Conservation Area in 

accordance with the laws (including regulations) applicable to the Conservation Area. 

(c) SURRENDER OF RIGHTS.—In addition to the conveyance of the non-Federal land 

to the United States under this Act, and as a condition of the land exchange, Resolution Copper shall surrender to the United States, without compensation, the 

rights held by Resolution Copper under the mining laws and other laws of the 

United States to commercially extract minerals under Apache Leap. 

SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. 

(a) ANNUAL PRODUCTION REPORTING.— 

(1) REPORT REQUIRED.—As a condition of the land exchange under this Act, 

Resolution Copper shall submit to the Secretary of the Interior an annual report 

indicating the quantity of locatable minerals produced during the preceding calendar year in commercial quantities from the Federal land conveyed to Resolution Copper under section 4. The first report is required to be submitted not 

later than February 15 of the first calendar year beginning after the date of 


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commencement of production of valuable locatable minerals in commercial 

quantities from such Federal land. The reports shall be submitted February 15 

of each calendar year thereafter. 

(2) SHARING REPORTS WITH STATE.—The Secretary shall make each report received under paragraph (1) available to the State. 

(3) 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. 

(b) PAYMENT ON PRODUCTION.—If the cumulative production of valuable locatable 

minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper under section 4 exceeds the quantity of production of locatable minerals from the Federal land used in the income capitalization approach analysis prepared under section 4(d), Resolution Copper shall pay to the United States, by not 

later than March 15 of each applicable calendar year, a value adjustment payment 

for the quantity of excess production at the same rate assumed for the income capitalization approach analysis prepared under section 4(d). 

(c) 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. 

(d) USE OF FUNDS.— 

(1) SEPARATE FUND.—All funds paid to the United States under this section 

shall be deposited in a special fund established in the Treasury and shall be 

available, in such amounts as are provided in advance in appropriation Acts, 

to the Secretary and the Secretary of the Interior only for the purposes authorized by paragraph (2). 

(2) AUTHORIZED USE.—Amounts in the special fund established pursuant to 

paragraph (1) shall be used for maintenance, repair, and rehabilitation projects 

for Forest Service and Bureau of Land Management assets. 

SEC. 7. WITHDRAWAL. 

Subject to valid existing rights, Apache Leap and any land acquired by the United 

States under this Act are withdrawn from all forms of— 

(1) entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the mining laws; and 

(3) disposition under the mineral leasing, mineral materials, and geothermal 

leasing laws. 

SEC. 8. APACHE LEAP. 

(a) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage Apache Leap to preserve the 

natural character of Apache Leap and to protect archeological and cultural resources located on Apache Leap. 

(2) SPECIAL USE PERMITS.—The Secretary may issue to Resolution Copper special use permits allowing Resolution Copper to carry out underground activities 

(other than the commercial extraction of minerals) under the surface of Apache 

Leap that the Secretary determines would not disturb the surface of the land, 

subject to any terms and conditions that the Secretary may require. 

(3) FENCES; SIGNAGE.—The Secretary may allow use of the surface of Apache 

Leap for installation of fences, signs, monitoring devices, or other measures necessary to protect the health and safety of the public, protect resources located 

on Apache Leap, or to ensure that activities conducted under paragraph (2) do 

not affect the surface of Apache Leap. 

(b) PLAN.— 

(1) IN GENERAL.—Not later than 3 years after the date of enactment of this 

Act, the Secretary, in consultation with affected Indian tribes, the Town, Resolution Copper, and other interested members of the public, shall prepare a management plan for Apache Leap. 

(2) CONSIDERATIONS.—In preparing the plan under paragraph (1), the Secretary shall consider whether additional measures are necessary to— 

(A) protect the cultural, archaeological, or historical resources of Apache 

Leap, including permanent or seasonal closures of all or a portion of Apache 

Leap; and 

(B) provide access for recreation. 

(c) MINING ACTIVITIES.—The provisions of this section shall not impose additional 

restrictions on mining activities carried out by Resolution Copper adjacent to, or 

outside of, the Apache Leap area beyond those otherwise applicable to mining activities on privately owned land under Federal, State, and local laws, rules and regulations. 


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SEC. 9. MISCELLANEOUS PROVISIONS. 

(a) REVOCATION OF ORDERS; WITHDRAWAL.— 

(1) REVOCATION OF ORDERS.—Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the land. 

(2) WITHDRAWAL.—On the date of enactment of this Act, if the Federal land 

or any Federal interest in the non-Federal land to be exchanged under section 

4 is not withdrawn or segregated from entry and appropriation under a public 

land law (including mining and mineral leasing laws and the Geothermal Steam 

Act of 1970 (30 U.S.C. 1001 et seq.)), the land or interest shall be withdrawn, 

without further action required by the Secretary concerned, from entry and appropriation. The withdrawal shall be terminated— 

(A) on the date of consummation of the land exchange; or 

(B) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from the land exchange pursuant to section 206(d) of the 

Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 

1716(d)). 

(3) RIGHTS OF RESOLUTION COPPER.—Nothing in this Act shall interfere with, 

limit, or otherwise impair, the unpatented mining claims or rights currently 

held by Resolution Copper on the Federal land, nor in any way change, diminish, qualify, or otherwise impact Resolution Copper’s rights and ability to conduct activities on the Federal land under such unpatented mining claims and 

the general mining laws of the United States, including the permitting or authorization of such activities. 

(b) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

(1) MINOR ERRORS.—The Secretary concerned and Resolution Copper may correct, by mutual agreement, any minor errors in any map, acreage estimate, or 

description of any land conveyed or exchanged under this Act. 

(2) CONFLICT.—If there is a conflict between a map, an acreage estimate, or 

a description of land in this Act, the map shall control unless the Secretary concerned and Resolution Copper mutually agree otherwise. 

(3) AVAILABILITY.—On the date of enactment of this Act, the Secretary shall 

file and make available for public inspection in the Office of the Supervisor, 

Tonto National Forest, each map referred to in this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 687 is to facilitate the efficient extraction of 

mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land. 

BACKGROUND AND NEED FOR LEGISLATION

Resolution Copper Mining LLC (Resolution Copper) owns land 

and holds mining claims near the Town of Superior, in southeastern Arizona. In the late 1990s, Resolution Copper’s exploratory 

activities revealed the existence of a very large copper deposit on 

its claims, located between 4,500 to 7,000 feet below the surface. 

Resolution Copper is interested in developing a large underground 

mine where the ore would be extracted and removed. 

The Oak Flat Campground, part of the Tonto National Forest, is 

located in the center of Resolution Copper’s land holdings and mining claims. Approximately 760 acres of National Forest lands in 

and around the Oak Flat Campground were withdrawn from entry 

under the mining laws in 1955 along with numerous other tracks 

of land for the purpose of establishing several campgrounds on the 

public lands. See Public Land Order 1229 (Sept. 27, 1955); 20 Fed. 

Reg. 7336–37 (Oct. 1, 1955). 

Members of the Arizona Delegation have proposed a land exchange allowing Resolution Copper to acquire the campground and 

adjacent withdrawn National Forest lands so the company can proceed with development of the mine. The Secretary of Agriculture 

would convey to Resolution Copper certain lands and interests in 


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the Tonto National Forest, Arizona, in exchange for private lands 

of environmental and archeological significance in the State of Arizona for management by the U.S. Forest Service and the Bureau 

of Land Management (BLM). Legislation is required for the proposed land exchange because it includes National Forest System 

lands. 

The three-part land exchange would occur under H.R. 687, as follows: 

U.S. Forest Service acquisition of land from Resolution Copper: 

The Forest Service would acquire a total of 1,194 acres from five 

different locations. These include Resolution Copper lands located 

within Coconino (640 acres), Gila (147 acres), Maricopa (149 acres), 

Pinal (110 acres) and Yavapai (148 acres) Counties. These lands 

contain riparian habitats and sensitive cultural areas, in addition 

to the several hundred acres that contain habitat for endangered 

species, and archeological sites. 

BLM acquisition of land from Resolution Copper: BLM would acquire a total of 4,150 acres from three separate locations. Three 

thousand fifty acres would be acquired from the lower San Pedro 

River area, which includes one of the largest mesquite bosques 

(dense forest) left in Arizona, critical habitat for several endangered species, and critical bird habitat. This would be an important 

addition to the San Pedro Conservation Area. BLM would also acquire 160 acres in Gila County and 940 acres in Santa Cruz County. 

Resolution Copper acquisition of land from Forest Service: Resolution Copper will acquire the 2,422 acre ‘‘Oak Flat’’ parcel, which 

is checker-boarded within Resolution Copper’s lands. Resolution 

Copper already has unpatented mining claims that cover about 

75% of the parcel, including the culturally sensitive Apache Leap 

area. This exchange will provide more protection for Apache Leap 

since the conveyance will prohibit any type of extraction activity 

and transfer this land to the federal government indefinitely. If the 

land received by Resolution Copper exceeds the value of the lands 

received by the federal government, Resolution Copper may provide 

additional lands to equal the exchange or provide a monetary payment. Any cash payment will be deposited in a fund established 

under the Sisk Act and the proceeds used to buy additional forest 

land for the National Forest System nationally and maintain existing federal facilities. 

Enactment of this land exchange would allow for development of 

the mine while adding other important lands for Federal management. The mine could provide up to one-quarter of the nation’s estimated annual copper needs. Resolution Copper estimates that the 

total economic impact of the mine will exceed $60 billion and support 3,700 jobs annually. 

COMMITTEE ACTION

H.R. 687 was introduced on February 14, 2013, by Congressman 

Paul Gosar (R–AZ). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittees on 

Energy and Mineral Resources and Public Lands and Environmental Regulation. On March 21, 2013, the Subcommittee on Energy and Mineral Resources held a hearing on the bill. On May 15, 

2013, the Full Natural Resources Committee met to consider the 


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bill. The Subcommittees on Energy and Mineral Resources and 

Public Lands and Environmental Regulation were discharged by 

unanimous consent. Congressman Gosar offered an amendment 

designated #1 to the bill; the amendment was adopted by voice 

vote. Congressman Peter DeFazio (D–OR) offered an amendment 

designated .001 to the bill; the amendment was not adopted by a 

bipartisan roll call vote of 16 to 24, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 10 here HR167.001

Date: May 15,2013 

Committee on Natural Resources 

u.s. House of Representatives 

I 13th Congress 

Recorded Vote #: 4 

Meeting on I Amendment on: H.R. 687 - DeFazio.OOl, Not agreed to by vote of 16 yeas and 24 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, WA, Chairman X Mr. Duncan, SC X 

Mr. Markey, MA, Ranking M,. Hanabusa, HI X 

Mr. Young, AK X Mr. Tipton, CO X 

Mr. Defazio, OR X Mr. Cardenas, CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega, AS Mr. Horsford, NV X 

Mr, Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone, NJ X Mr. Huffman, CA X 

Mr. Lamborn, CO X Mr, Southerland, FL X 

Mrs. Napolitano, CA X Mr. Ruiz, CA X 

Mr, Wittman, VA X Mr. Flores, TX X 

Mr. Holt,NJ X Ms. Shea-Porter, NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal, CA X 

Mr. Fleming, LA X Mr. Amodei, NV X 

Ms. Bordallo, GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr,Mullin, OK X 

Mr. Costa, CA Mr. Cartwright, PA X 

Mr. Thompson, P A X Mr. Stewart, UT X 

Mr. Sablan, CNM! X Mr. Daines, MT X 

Ms. Lummis, WY X Mr, Cramer, ND X 

Ms. T.wngas, MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pieriuisi, PR 

TOTALS 16 24 

Pres 
11 

Congressman Tony Ca ́ rdenas (D–CA) offered an amendment designated .003 to the bill; the amendment was not adopted by a roll 

call vote of 18 to 22, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 12 here HR167.002

Date: May IS, 2013 

Committee on Natural Resources 

u.s. House of Representatives 

I 13th Congress 

Recorded Vote #: 5 

Meeting on / Amendment on: H.R. 687 - Cardenas.003, Not agreed to by vote of 18 yeas and 22 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, W A, Chairman X Mr. Duncan, SC X 

Mr. Markey, MA, Ranking Ms. Hanabusa, HI X 

Mr. Yonng, AK X Mr. Tipton, CO X 

Mr. Defazio, OR X Mr. Cardenas, CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega. AS Mr. Horsford, NV X 

Mr. Bishop, UT X Mr. Lahrador, ID X 

Mr. Pallone. NJ X Mr. Huffman. CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mrs. Napolitano. CA X Mr. Ruiz. CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr. Holt.NJ X Ms. Shea-Porter. NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva. AZ X Mr. Lowenthal. CA X 

Mr. Fleming, LA X Mr. Amodei, NV X 

Ms. Bordallo. GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. MulIin,OK X 

Mr. Costa. CA Mr. Cartwright, PA X 

Mr. Thompson, P A X Mr. Stewart, UT X 

Mr. Sablan. CNMI X Mr. Daines, MT X 

Ms. Lnmmis, WY X Mr. Cramer, ND X 

Ms. Tsongas, MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pierluisi. PR 

TOTALS 18 22 

Pres 
13 

Congressman Ra ́ul Grijalva (D–AZ) offered an amendment designated .036 to the bill; the amendment was not adopted by a roll 

call vote of 18 to 22, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 14 here HR167.003

Date: May 15,2013 

Committee on Natural Resources 

u.s. House of Representatives 

I 13th Congress 

Recorded Vote #: 6 

Meeting on I Amendment on: H.R. 687 - Grijalva.036, Not agreed to by vote of 18 yeas and 22 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, W A, Chairman X Mr. Dnncan, SC X 

Mr. Markey, MA. Ranking Ms. Hanabusa, HI X 

Mr. Young, AK X Mr. Tipton, CO X 

Mr. Defazio, OR X Mr. Cardenas. CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega, AS Mr. Horsford. NV X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone. NJ X Mr. Huffman, CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mrs. Napolitano, CA X Mr. Ruiz, CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr. Holt,N} X Ms. Shea-Porter. NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal. CA X 

Mr. Fleming, LA X Mr. Amodei, NY X 

Ms. Bordallo. GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. Mullin, OK X 

Mr. Costa, CA Mr. Cartwright, PA X 

Mr. Thompson, PA X Mr. Stewart, UT X 

Mr. Sablan. CNMI X Mr. Daines, MT X 

Ms. Lummis, WY X Mr. Cramer, ND X 

Ms. Tsongas. MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pierluisi, PR 

TOTALS 18 22 

Pres 
15 

Congressman Ra ́ul Grijalva (D–AZ) offered an amendment designated .037 to the bill; the amendment was not adopted by voice 

vote. Congressman Ra ́ul Grijalva (D–AZ) offered an amendment 

designated .040 to the bill; the amendment was not adopted by a 

roll call vote of 17 to 23, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 16 here HR167.004

Date: May 15, 2013 

Committee on Natural Resources 

u.s. House of Representatives 

I 13th Congress 

Recorded Vote #: 7 

Meeting on / Amendment on: H.R. 687 - Grijalva.040, Not agreed to by vote of 17 yeas and 23 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, W A, Chairman X Mr. Dnncan, SC X 

Mr. Markey, MA, Ranking Ms. Hanabusa, HI X 

Mr. Young, AK X Mr. Tipton, CO X 

Mr. Defazio. OR X Mr. Cardenas, CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega, AS Mr. Horsford, NV X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone, NJ X Mr. Huffman, CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mrs. Napolitano, CA X Mr. Ruiz, CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr. Holt,NJ X Ms. Shea-Porter, NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal, CA X 

Mr. Fleming, LA X Mr. Amodei, NV X 

Ms. BordaI/o, GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. Mullin, OK X 

Mr. Costa, CA Mr. Cartwrizht, PA X 

Mr. Thompson, PA X Mr. Stewart, UT X 

Mr. Sablan, CNMI X Mr. Daines, MT X 

Ms. Lummis, WY X Mr. Cramer, ND X 

Ms. Tsongas, MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pieriuisi, PR 

TOTALS 17 23 

Pres 
17 

Congresswoman Grace Napolitano (D–CA) offered an amendment 

designated .002 to the bill; the amendment was not adopted by a 

roll call vote of 18 to 23, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 18 here HR167.005

Date: May 15,2013 

Committee on Natural Resources 

u.s. House of Representatives 

1 13th Congress 

Recorded Vote #: 8 

Meeting on / Amendment on: H.R. 687 - Napolitano.002. Not agreed to by vote of 18 yeas and 23 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, W A, Chairman X Mr. Duncan, SC X 

Mr. Markey, MA, Ranking M,. Hanabusa, HI X 

Mr. Young, AK X Mr. Tipton, CO X 

Mr. Defazio, OR X Mr. Cardenas, CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega, AS Mr. Horsford, NV X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone, NJ X Mr. Huffman, CA X 

Mr. Lamhorn, CO X Mr. Southerland, FL X 

Mrs. Napolitano, CA X Mr. Ruiz, CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr.Holt,NJ X Ms. Shea-Porter, NH X 

Mr. Broun, GA Mr. Runyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal, CA X 

Mr. Fleming, LA X Mr. Amodei, NV X 

Ms. Bordallo, GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. Mullin, OK X 

Mr. Costa, CA Mr. Cartwright, PA X 

Mr. Thompson, PA X Mr. Stewart, UT X 

Mr. Sablan, CNMI X Mr, Daines, MT X 

Ms. Lummis, WY X Mr. Cramer, ND X 

Ms. Tsonga" MA X Mr. LaMalfa, CA X 

Mr. Benisbek, MI X 

Mr. Pieriuisi, PR X 

TOTALS 18 23 

Pres 
19 

No further amendments were offered and the bill, as amended, 

was then adopted and ordered favorably reported to the House of 

Representatives by a bipartisan roll call vote of 23 to 19, as follows: 


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tjames on DSK6SPTVN1PROD with REPORTSInsert offset folio 20 here HR167.006

Date: May 15, 2013 

Committee on Natural Resources 

u.s. House of Representatives 

1 13th Congress 

Recorded Vote #: 9 

Meeting on I Amendment on: H.R. 687 - To adopt and favorably report the bill to the House, as amended, 

agreed to by a vote of 23 yeas to 19 nays 

MEMBERS Yea Nay Pres MEMBERS Yea Nay 

Mr. Hastings, WA, Chairman xt± Mr. Duncan, SC X 

Mr. Markey, MA, Ranking Ms. Hanabusa. HI X 

Mr. Young,AK X Mr. Tipton, CO X 

Mr. Defazio. OR X Mr. Cardenas. CA X 

Mr. Gohmert, TX Mr. Gosar, AZ X 

Mr. Faleomavaega. AS Mr. Horsford, NV X 

Mr. Bishop, UT X Mr. Labrador, ID X 

Mr. Pallone. NJ X Mr. Huffman, CA X 

Mr. Lamborn, CO X Mr. Southerland, FL X 

Mrs. Napolitano. CA X Mr. Ruiz. CA X 

Mr. Wittman, VA X Mr. Flores, TX X 

Mr. Holt.NJ X Ms. Shea-Porter. NH X 

Mr. Bronn, GA Mr. Rnnyan, NJ X 

Mr. Grijalva, AZ X Mr. Lowenthal, CA X 

Mr, Fleming, LA X Mr. Amodei, NV X 

Ms. Bordallo, GU X Mr. Garcia, FL X 

Mr. McClintock, CA X Mr. Mulliu, OK X 

Mr. Costa, CA X Mr. Cartwright. PA X 

Mr. Thompson, PA X Mr. Stewart, UT X 

Mr. Sablan, CNMI X Mr. Daines, MT X 

Ms. Lummis, WY X Mr. Cramer, ND X 

Ms. Tsongas. MA X Mr. LaMalfa, CA X 

Mr. Benishek, MI X 

Mr. Pier/uisi, PR X 

TOTALS 23 19 

Pres 
21 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 687—Southeast Arizona Land Exchange and Conservation Act 

of 2013 

H.R. 687 would authorize a land exchange in Arizona between 

the federal government and a mining company. Based on information provided by the affected agencies, CBO estimates that implementing the bill would cost less than $500,000 annually, assuming 

the availability of appropriated funds. Those costs would include 

preparing management plans and administering private lands received in exchange for federal land. 

Enacting the legislation could increase offsetting receipts, which 

are treated as reductions in direct spending; however, CBO has insufficient information to estimate whether any receipts would be 

collected under the bill. Because enacting the bill could affect direct 

spending, pay-as-you-go procedures apply. 

Under H.R. 687, the Forest Service would convey about 2,400 

acres of land in southeast Arizona to Resolution Copper Mining 

LLC in exchange for about 5,400 acres of company-owned land. Of 

the company land, about 1,200 acres would become part of the National Forest System, and about 4,200 acres would be administered 

as conservation areas by the Bureau of Land Management. 

If the property sought by Resolution Copper is appraised at more 

than the appraised value of the property that the company offers 

for exchange, the company could donate additional land or make a 

cash payment to the United States to make the final exchange of 

equal value. If the company’s property is appraised for more than 

the federal acreage, the difference in the value would be considered 

a donation to the federal government. Any cash payment received 

by the Forest Service would be deposited in the U.S. Treasury as 

an offsetting receipt. In addition, after completion of the exchange, 

Resolution Copper would have to pay the federal government a portion of any future income earned on the former federal property if 

the company determines that the actual cumulative production of 

minerals located on that property exceeds the value of the estimated production used in the original appraisal process. 


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The bill’s effect on offsetting receipts would depend on the outcome of formal appraisals of the federal and private properties that 

would be conducted after enactment. Those appraisals would determine the relative values of the properties affected by the exchange, 

including the value of mineral deposits that underlie the federal 

land. If the value of the federal land were to exceed the value of 

the company land, Resolution Copper could pay the government a 

lump sum equal to the difference in property values in the year or 

two following enactment. That payment might be significant; however, because there are no publicly available estimates regarding 

the quantity of copper underlying the federal land, CBO has no 

basis for estimating the value of that land relative to the value of 

the company land. Therefore, we cannot determine whether the 

company would make a payment or estimate the size of any such 

payment. 

In addition, if the company extracts more mineral resources than 

assumed in the original appraisal, Resolution Copper would make 

annual payments to the federal government. Such payments might 

be significant; however, based on information provided by Resolution Copper, CBO expects that those lands would not be mined 

within 10 years of the enactment of H.R. 687. Therefore, no payments would be made over the next 10 years. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. Based on information provided by the affected 

agencies, CBO estimates that implementing the bill would cost less 

than $500,000 annually, assuming the availability of appropriated 

funds. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 


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COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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DISSENTING VIEWS 

H.R. 687 will rob Native People of their heritage, local people of 

their water and the American people of valuable natural resources, 

all to benefit two large, foreign-owned mining corporations. This 

legislation is an abdication of our responsibilities as stewards of 

the public lands and the public trust and it should be rejected by 

the House. 

Resolution Copper Mining, LLC (Resolution Copper) is a subsidiary of Rio Tinto and BHP-Billiton. Resolution Copper owns land 

and holds mining claims on the Tonto National Forest in Southeastern Arizona. The company believes the area is home to a significant copper deposit and is seeking to develop a lucrative copper 

mining operation. However, approximately 760 acres of national 

forest land in the area was withdrawn from mining by President 

Eisenhower in 1955. Resolution Copper is seeking H.R. 687 to require the federal government to exchange the withdrawn forest 

land for land owned by the Company so that the mining operation 

can proceed. 

Evaluating the merits of land exchanges is difficult under the 

best of circumstances; H.R. 687 would require this land exchange 

to proceed under the worst of circumstances. By waiving timely 

Tribal consultation, standard appraisal requirements and meaningful compliance with the National Environmental Policy Act (NEPA) 

(42 U.S.C. § 4321 et seq.), H.R. 687 would require that the exchange go forward without mitigation or even analysis of its potentially devastating impacts. 

Testimony received by the Committee indicates that the mining 

operation planned by Resolution Copper would require 40,000 acrefeet of water per year; roughly the amount used by the city of 

Tempe (population 160,000). The company has been less than 

transparent regarding where they would find this massive quantity 

of water in Southeastern Arizona. Past practice for mining companies has been to simply sink deeper wells and take the water they 

need, leaving their neighbors literally high and dry. 

Securing a fair return to taxpayers on this exchange is difficult 

given that the most valuable aspect of the exchange by far is the 

copper, the value of which is speculative but estimated to be worth 

billions of dollars. Rather than clarifying the valuation issue, H.R. 

687 further muddies the waters by requiring highly unusual appraisal procedures which fail to guarantee that Resolution Copper 

will pay a fair price for the copper it stands to receive from the 

American people. 

The principal justification for this land exchange is the creation 

of jobs in Southeastern Arizona. These claims are highly suspect, 

however, given that Rio Tinto and BHP-Billiton are pioneers in the 

automation and remote control of mining operations. 


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Finally, H.R. 687 trades away several sites that are sacred to 

Native People. The hearing record includes desperate pleas from 

the San Carlos Apache Tribe, White Mountain Apache Tribe, 

Yavapai-Apache Nation, Tonto Apache Tribe, Fort McDowell 

Yavapai Nation, Hualapai Tribe, Jicarilla Apache Nation, Mescalero Apache Tribe, the Pueblo of Zuni and other Native Nations to 

respect their religious and cultural traditions. 

Instead, the bill waives compliance with NEPA, the Native 

American Graves Protection Act, and all other statutes that might 

give Tribes a voice. The final insult comes when the bill requires 

consultation with Native People—after the land exchange has occurred. 

The majority rejected an amendment from Representative DeFazio (D–OR) that would have imposed a royalty rate of 12.5 percent 

on minerals produced from the conveyed federal land, required Resolution Copper to annually report to the Secretary of the Interior 

the amount of minerals produced from the conveyed federal land, 

and required that the funds received from the royalty payments be 

used for abandoned hardrock mine lands reclamation. 

The Majority also rejected an amendment from Water and Power 

Subcommittee Ranking Member Napolitano (D–CA) that would 

have prevented adverse impacts on water quantity and quality in 

the development of this project. 

The Majority rejected three amendments from Public Lands and 

Environmental Regulation Subcommittee Ranking Member Grijalva (D–AZ). The first would have excluded any Native American 

sacred or cultural sites, including Apache Leap, from the federal 

land conveyance. 

The second Grijalva amendment would have required the mining 

plan for the conveyed federal land to support the local workforce, 

while the third would have made the conveyance of federal land 

contingent on the Secretary of the Interior completing an environmental review document regarding the land exchange, proposed 

mine, and mine plan of operations in accordance with NEPA. 

In one fell swoop, H.R. 687 would gather up hundreds of acres 

of sacred land, thousands of acre-feet of precious water, and millions of tons of valuable copper, and hand it all over to Resolution 

Copper and its owners, Rio Tinto and BHP-Billiton. Such a move 

would be a disservice to local residents, Tribes and taxpayers. The 

House should reject this irresponsible and unwise proposal. 

PETER DEFAZIO. 

GRACE F. NAPOLITANO. 

RUSH HOLT. 

RAU ́ L M. GRIJALVA. 

Æ 


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