IIB 

112TH CONGRESS 

1ST SESSION H. R. 1904 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Southeast Arizona Land Exchange and Conservation Act 

4 of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. Conveyances to town of Superior, Arizona. 

Sec. 10. Miscellaneous provisions. 

7 SEC. 2. FINDINGS AND PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the land exchange furthers public objectives 

10 referenced in section 206 of the Federal Land Policy 

11 and Management Act of 1976 (43 U.S.C. 1716) in12 cluding— 

13 (A) promoting significant job and other 

14 economic opportunities in a part of the State of 

15 Arizona that has a long history of mining, but 

16 is currently experiencing high unemployment 

17 rates and economic difficulties; 

18 (B) facilitating the development of a world19 class domestic copper deposit capable of meet20 ing a significant portion of the annual United 

21 States demand for this strategic and important 


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1 mineral, in an area which has already been sub2 ject to mining operations; 

3 (C) significantly enhancing Federal, State, 

4 and local revenue collections in a time of severe 

5 governmental budget shortfalls; 

6 (D) securing Federal ownership and pro7 tection of land with significant fish and wildlife, 

8 recreational, scenic, water, riparian, cultural, 

9 and other public values; 

10 (E) assisting more efficient Federal land 

11 management via Federal acquisition of land for 

12 addition to the Las Cienegas and San Pedro 

13 National Conservation Areas, and to the Tonto 

14 and Coconino National Forests; 

15 (F) providing opportunity for community 

16 expansion and economic diversification adjacent 

17 to the towns of Superior, Miami, and Globe, Ar18 izona; and 

19 (G) protecting the cultural resources and 

20 other values of the Apache Leap escarpment lo21 cated near Superior, Arizona; and 

22 (2) the land exchange is, therefore, in the pub23 lic interest. 


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1 (b) PURPOSE.—It is the purpose of this Act to au2 thorize, direct, facilitate, and expedite the exchange of 

3 land between Resolution Copper and the United States. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 means the approximately 807 acres of land depicted 

8 on the map entitled ‘‘Southeast Arizona Land Ex9 change and Conservation Act of 2011–Apache Leap’’ 

10 and dated March 2011. 

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

12 means the approximately 2,422 acres of land located 

13 in Pinal County, Arizona, depicted on the map enti14 tled ‘‘Southeast Arizona Land Exchange and Con15 servation Act of 2011–Federal Parcel–Oak Flat’’ 

16 and dated March 2011. 

17 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given the term in section 4 of the 

19 Indian Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450b). 

21 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed22 eral land’’ means the parcels of land owned by Reso23 lution Copper that are described in section 5(a) and, 

24 if necessary to equalize the land exchange under sec25 tion 4, section 4(e)(2)(A)(i). 


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1 (5) OAK FLAT CAMPGROUND.—The term ‘‘Oak 

2 Flat Campground’’ means the approximately 50 

3 acres of land comprising approximately 16 developed 

4 campsites depicted on the map entitled ‘‘Southeast 

5 Arizona Land Exchange and Conservation Act of 

6 2011–Oak Flat Campground’’ and dated March 

7 2011. 

8 (6) OAK FLAT WITHDRAWAL AREA.—The term 

9 ‘‘Oak Flat Withdrawal Area’’ means the approxi10 mately 760 acres of land depicted on the map enti11 tled ‘‘Southeast Arizona Land Exchange and Con12 servation Act of 2011–Oak Flat Withdrawal Area’’ 

13 and dated March 2011. 

14 (7) RESOLUTION COPPER.—The term ‘‘Resolu15 tion Copper’’ means Resolution Copper Mining, 

16 LLC, a Delaware limited liability company, includ17 ing any successor, assign, affiliate, member, or joint 

18 venturer of Resolution Copper Mining, LLC. 

19 (8) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

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

22 of Arizona. 

23 (10) TOWN.—The term ‘‘Town’’ means the in24 corporated town of Superior, Arizona. 


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1 SEC. 4. LAND EXCHANGE. 

2 (a) IN GENERAL.—Subject to the provisions of this 

3 Act, if Resolution Copper offers to convey to the United 

4 States all right, title, and interest of Resolution Copper 

5 in and to the non-Federal land, the Secretary is authorized 

6 and directed to convey to Resolution Copper, all right, 

7 title, and interest of the United States in and to the Fed8 eral land. 

9 (b) CONDITIONS ON ACCEPTANCE.—Title to any non10 Federal land conveyed by Resolution Copper to the United 

11 States under this Act shall be in a form that— 

12 (1) is acceptable to the Secretary, for land to 

13 be administered by the Forest Service and the Sec14 retary of the Interior, for land to be administered by 

15 the Bureau of Land Management; and 

16 (2) conforms to the title approval standards of 

17 the Attorney General of the United States applicable 

18 to land acquisitions by the Federal Government. 

19 (c) CONSULTATION WITH INDIAN TRIBES.—If not 

20 undertaken prior to enactment of this Act, within 30 days 

21 of the date of enactment of this Act, the Secretary shall 

22 engage in government-to-government consultation with af23 fected Indian tribes concerning issues related to the land 

24 exchange, in accordance with applicable laws (including 

25 regulations). 

26 (d) APPRAISALS.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary and 

3 Resolution Copper shall select an appraiser to con4 duct appraisals of the Federal land and non-Federal 

5 land in compliance with the requirements of section 

6 254.9 of title 36, Code of Federal Regulations. 

7 (2) REQUIREMENTS.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), an appraisal prepared under 

10 this subsection shall be conducted in accordance 

11 with nationally recognized appraisal standards, 

12 including— 

13 (i) the Uniform Appraisal Standards 

14 for Federal Land Acquisitions; and 

15 (ii) the Uniform Standards of Profes16 sional Appraisal Practice. 

17 (B) FINAL APPRAISED VALUE.—After the 

18 final appraised values of the Federal land and 

19 non-Federal land are determined and approved 

20 by the Secretary, the Secretary shall not be re21 quired to reappraise or update the final ap22 praised value— 

23 (i) for a period of 3 years beginning 

24 on the date of the approval by the Sec25 retary of the final appraised value; or 


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1 (ii) at all, in accordance with section 

2 254.14 of title 36, Code of Federal Regula3 tions (or a successor regulation), after an 

4 exchange agreement is entered into by Res5 olution Copper and the Secretary. 

6 (C) IMPROVEMENTS.—Any improvements 

7 made by Resolution Copper prior to entering 

8 into an exchange agreement shall not be in9 cluded in the appraised value of the Federal 

10 land. 

11 (D) PUBLIC REVIEW.—Before consum12 mating the land exchange under this Act, the 

13 Secretary shall make the appraisals of the land 

14 to be exchanged (or a summary thereof) avail15 able for public review. 

16 (3) APPRAISAL INFORMATION.—The appraisal 

17 prepared under this subsection shall include a de18 tailed income capitalization approach analysis of the 

19 market value of the Federal land which may be uti20 lized, as appropriate, to determine the value of the 

21 Federal land, and shall be the basis for calculation 

22 of any payment under section 6. 

23 (e) EQUAL VALUE LAND EXCHANGE.— 

24 (1) IN GENERAL.—The value of the Federal 

25 land and non-Federal land to be exchanged under 


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1 this Act shall be equal or shall be equalized in ac2 cordance with this subsection. 

3 (2) SURPLUS OF FEDERAL LAND VALUE.— 

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

5 value of the Federal land exceeds the value of 

6 the non-Federal land, Resolution Copper 

7 shall— 

8 (i) convey additional non-Federal land 

9 in the State to the Secretary or the Sec10 retary of the Interior, consistent with the 

11 requirements of this Act and subject to the 

12 approval of the applicable Secretary; 

13 (ii) make a cash payment to the 

14 United States; or 

15 (iii) use a combination of the methods 

16 described in clauses (i) and (ii), as agreed 

17 to by Resolution Copper, the Secretary, 

18 and the Secretary of the Interior. 

19 (B) AMOUNT OF PAYMENT.—The Sec20 retary may accept a payment in excess of 25 

21 percent of the total value of the land or inter22 ests conveyed, notwithstanding section 206(b) 

23 of the Federal Land Policy and Management 

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


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1 (C) DISPOSITION AND USE OF PRO2 CEEDS.—Any amounts received by the United 

3 States under this subparagraph shall be depos4 ited in the fund established under Public Law 

5 90–171 (commonly known as the ‘‘Sisk Act’’; 

6 16 U.S.C. 484a) and shall be made available, in 

7 such amounts as are provided in advance in ap8 propriation Acts, to the Secretary for the acqui9 sition of land for addition to the National For10 est System. 

11 (3) SURPLUS OF NON-FEDERAL LAND.—If the 

12 final appraised value of the non-Federal land ex13 ceeds the value of the Federal land— 

14 (A) the United States shall not make a 

15 payment to Resolution Copper to equalize the 

16 value; and 

17 (B) except as provided in section 

18 9(b)(2)(B), the surplus value of the non-Fed19 eral land shall be considered to be a donation 

20 by Resolution Copper to the United States. 

21 (f) OAK FLAT WITHDRAWAL AREA.— 

22 (1) PERMITS.—Subject to the provisions of this 

23 subsection and notwithstanding any withdrawal of 

24 the Oak Flat Withdrawal Area from the mining, 

25 mineral leasing, or public land laws, the Secretary, 


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1 upon enactment of this Act, shall issue to Resolution 

2 Copper— 

3 (A) if so requested by Resolution Copper, 

4 within 30 days of such request, a special use 

5 permit to carry out mineral exploration activi6 ties under the Oak Flat Withdrawal Area from 

7 existing drill pads located outside the Area, if 

8 the activities would not disturb the surface of 

9 the Area; and 

10 (B) if so requested by Resolution Copper, 

11 within 90 days of such request, a special use 

12 permit to carry out mineral exploration activi13 ties within the Oak Flat Withdrawal Area (but 

14 not within the Oak Flat Campground), if the 

15 activities are conducted from a single explor16 atory drill pad which is located to reasonably 

17 minimize visual and noise impacts on the 

18 Campground. 

19 (2) CONDITIONS.—Any activities undertaken in 

20 accordance with this subsection shall be subject to 

21 such reasonable terms and conditions as the Sec22 retary may require. 

23 (3) TERMINATION.—The authorization for Res24 olution Copper to undertake mineral exploration ac25 tivities under this subsection shall remain in effect 


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1 until the Oak Flat Withdrawal Area land is con2 veyed to Resolution Copper in accordance with this 

3 Act. 

4 (g) COSTS.—As a condition of the land exchange 

5 under this Act, Resolution Copper shall agree to pay, with6 out compensation, all costs that are— 

7 (1) associated with the land exchange and any 

8 environmental review document under subsection (j); 

9 and 

10 (2) agreed to by the Secretary. 

11 (h) USE OF FEDERAL LAND.—The Federal land to 

12 be conveyed to Resolution Copper under this Act shall be 

13 available to Resolution Copper for mining and related ac14 tivities subject to and in accordance with applicable Fed15 eral, State, and local laws pertaining to mining and related 

16 activities on land in private ownership. 

17 (i) INTENT OF CONGRESS.—It is the intent of Con18 gress that the land exchange directed by this Act shall 

19 be consummated not later than one year after the date 

20 of enactment of this Act. 

21 (j) ENVIRONMENTAL COMPLIANCE.—Compliance 

22 with the requirements of the National Environmental Pol23 icy Act of 1969 (42 U.S.C. 4321 et seq.) under this Act 

24 shall be as follows: 


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1 (1) Prior to commencing production in commer2 cial quantities of any valuable mineral from the Fed3 eral land conveyed to Resolution Copper under this 

4 Act (except for any production from exploration and 

5 mine development shafts, adits, and tunnels needed 

6 to determine feasibility and pilot plant testing of 

7 commercial production or to access the ore body and 

8 tailing deposition areas), Resolution Copper shall 

9 submit to the Secretary a proposed mine plan of op10 erations. 

11 (2) The Secretary shall, within 3 years of such 

12 submission, complete preparation of an environ13 mental review document in accordance with section 

14 102(2) of the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4322(2)) which shall be used as 

16 the basis for all decisions under applicable Federal 

17 laws, rules and regulations regarding any Federal 

18 actions or authorizations related to the proposed 

19 mine and mine plan of operations of Resolution Cop20 per, including the construction of associated power, 

21 water, transportation, processing, tailings, waste 

22 dump, and other ancillary facilities. 


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

2 LAND. 

3 (a) CONVEYANCE.—On receipt of title to the Federal 

4 land, Resolution Copper shall simultaneously convey— 

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

6 that the Secretary determines to be acceptable in 

7 and to— 

8 (A) the approximately 147 acres of land lo9 cated in Gila County, Arizona, depicted on the 

10 map entitled ‘‘Southeast Arizona Land Ex11 change and Conservation Act of 2011–Non12 Federal Parcel–Turkey Creek’’ and dated 

13 March 2011; 

14 (B) the approximately 148 acres of land 

15 located in Yavapai County, Arizona, depicted on 

16 the map entitled ‘‘Southeast Arizona Land Ex17 change and Conservation Act of 2011–Non18 Federal Parcel–Tangle Creek’’ and dated 

19 March 2011; 

20 (C) the approximately 149 acres of land lo21 cated in Maricopa County, Arizona, depicted on 

22 the map entitled ‘‘Southeast Arizona Land Ex23 change and Conservation Act of 2011–Non24 Federal Parcel–Cave Creek’’ and dated March 

25 2011; 


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1 (D) the approximately 640 acres of land 

2 located in Coconino County, Arizona, depicted 

3 on the map entitled ‘‘Southeast Arizona Land 

4 Exchange and Conservation Act of 2011–Non5 Federal Parcel–East Clear Creek’’ and dated 

6 March 2011; and 

7 (E) the approximately 110 acres of land 

8 located in Pinal County, Arizona, depicted on 

9 the map entitled ‘‘Southeast Arizona Land Ex10 change and Conservation Act of 2011–Non11 Federal Parcel–Apache Leap South End’’ and 

12 dated March 2011; and 

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

14 title, and interest that the Secretary of the Interior 

15 determines to be acceptable in and to— 

16 (A) the approximately 3,050 acres of land 

17 located in Pinal County, Arizona, identified as 

18 ‘‘Lands to DOI’’ as generally depicted on the 

19 map entitled ‘‘Southeast Arizona Land Ex20 change and Conservation Act of 2011–Non21 Federal Parcel–Lower San Pedro River’’ and 

22 dated July 6, 2011; 

23 (B) the approximately 160 acres of land 

24 located in Gila and Pinal Counties, Arizona, 

25 identified as ‘‘Lands to DOI’’ as generally deVerDate Mar 15 2010 23:23 Oct 31, 2011 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1904.RFS H1904

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1 picted on the map entitled ‘‘Southeast Arizona 

2 Land Exchange and Conservation Act of 2011– 

3 Non-Federal Parcel–Dripping Springs’’ and 

4 dated July 6, 2011; and 

5 (C) the approximately 940 acres of land lo6 cated in Santa Cruz County, Arizona, identified 

7 as ‘‘Lands to DOI’’ as generally depicted on the 

8 map entitled ‘‘Southeast Arizona Land Ex9 change and Conservation Act of 2011–Non10 Federal Parcel–Appleton Ranch’’ and dated 

11 July 6, 2011. 

12 (b) MANAGEMENT OF ACQUIRED LAND.— 

13 (1) LAND ACQUIRED BY THE SECRETARY.— 

14 (A) IN GENERAL.—Land acquired by the 

15 Secretary under this Act shall— 

16 (i) become part of the national forest 

17 in which the land is located; and 

18 (ii) be administered in accordance 

19 with the laws applicable to the National 

20 Forest System. 

21 (B) BOUNDARY REVISION.—On the acqui22 sition of land by the Secretary under this Act, 

23 the boundaries of the national forest shall be 

24 modified to reflect the inclusion of the acquired 

25 land. 


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1 (C) LAND AND WATER CONSERVATION

2 FUND.—For purposes of section 7 of the Land 

3 and Water Conservation Fund Act of 1965 (16 

4 U.S.C. 4601–9), the boundaries of a national 

5 forest in which land acquired by the Secretary 

6 is located shall be deemed to be the boundaries 

7 of that forest as in existence on January 1, 

8 1965. 

9 (2) LAND ACQUIRED BY THE SECRETARY OF

10 THE INTERIOR.— 

11 (A) SAN PEDRO NATIONAL CONSERVATION

12 AREA.— 

13 (i) IN GENERAL.—The land acquired 

14 by the Secretary of the Interior under sub15 section (a)(2)(A) shall be added to, and 

16 administered as part of, the San Pedro 

17 National Conservation Area in accordance 

18 with the laws (including regulations) appli19 cable to the Conservation Area. 

20 (ii) MANAGEMENT PLAN.—Not later 

21 than 2 years after the date on which the 

22 land is acquired, the Secretary of the Inte23 rior shall update the management plan for 

24 the San Pedro National Conservation Area 


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1 to reflect the management requirements of 

2 the acquired land. 

3 (B) DRIPPING SPRINGS.—Land acquired 

4 by the Secretary of the Interior under sub5 section (a)(2)(B) shall be managed in accord6 ance with the Federal Land Policy and Man7 agement Act of 1976 (43 U.S.C. 1701 et seq.) 

8 and applicable land use plans. 

9 (C) LAS CIENEGAS NATIONAL CONSERVA10 TION AREA.—Land acquired by the Secretary of 

11 the Interior under subsection (a)(2)(C) shall be 

12 added to, and administered as part of, the Las 

13 Cienegas National Conservation Area in accord14 ance with the laws (including regulations) appli15 cable to the Conservation Area. 

16 (c) SURRENDER OF RIGHTS.—In addition to the con17 veyance of the non-Federal land to the United States 

18 under this Act, and as a condition of the land exchange, 

19 Resolution Copper shall surrender to the United States, 

20 without compensation, the rights held by Resolution Cop21 per under the mining laws and other laws of the United 

22 States to commercially extract minerals under Apache 

23 Leap. 

24 SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. 

25 (a) ANNUAL PRODUCTION REPORTING.— 


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1 (1) REPORT REQUIRED.—As a condition of the 

2 land exchange under this Act, Resolution Copper 

3 shall submit to the Secretary of the Interior an an4 nual report indicating the quantity of locatable min5 erals produced during the preceding calendar year in 

6 commercial quantities from the Federal land con7 veyed to Resolution Copper under section 4. The 

8 first report is required to be submitted not later 

9 than February 15 of the first calendar year begin10 ning after the date of commencement of production 

11 of valuable locatable minerals in commercial quan12 tities from such Federal land. The reports shall be 

13 submitted February 15 of each calendar year there14 after. 

15 (2) SHARING REPORTS WITH STATE.—The Sec16 retary shall make each report received under para17 graph (1) available to the State. 

18 (3) REPORT CONTENTS.—The reports under 

19 paragraph (1) shall comply with any recordkeeping 

20 and reporting requirements prescribed by the Sec21 retary or required by applicable Federal laws in ef22 fect at the time of production. 

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

24 production of valuable locatable minerals produced in com25 mercial quantities from the Federal land conveyed to ResVerDate Mar 15 2010 23:23 Oct 31, 2011 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1904.RFS H1904

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1 olution Copper under section 4 exceeds the quantity of 

2 production of locatable minerals from the Federal land 

3 used in the income capitalization approach analysis pre4 pared under section 4(d)(3), Resolution Copper shall pay 

5 to the United States, by not later than March 15 of each 

6 applicable calendar year, a value adjustment payment for 

7 the quantity of excess production at the same rate as8 sumed for the income capitalization approach analysis pre9 pared under section 4(d)(3). 

10 (c) STATE LAW UNAFFECTED.—Nothing in this sec11 tion modifies, expands, diminishes, amends, or otherwise 

12 affects any State law relating to the imposition, applica13 tion, timing, or collection of a State excise or severance 

14 tax. 

15 (d) USE OF FUNDS.— 

16 (1) SEPARATE FUND.—All funds paid to the 

17 United States under this section shall be deposited 

18 in a special fund established in the Treasury and 

19 shall be available, in such amounts as are provided 

20 in advance in appropriation Acts, to the Secretary 

21 and the Secretary of the Interior only for the pur22 poses authorized by paragraph (2). 

23 (2) AUTHORIZED USE.—Amounts in the special 

24 fund established pursuant to paragraph (1) shall be 

25 used for maintenance, repair, and rehabilitation 


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1 projects for Forest Service and Bureau of Land 

2 Management assets. 

3 SEC. 7. WITHDRAWAL. 

4 Subject to valid existing rights, Apache Leap and any 

5 land acquired by the United States under this Act are 

6 withdrawn from all forms of— 

7 (1) entry, appropriation, or disposal under the 

8 public land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) disposition under the mineral leasing, min12 eral materials, and geothermal leasing laws. 

13 SEC. 8. APACHE LEAP. 

14 (a) MANAGEMENT.— 

15 (1) IN GENERAL.—The Secretary shall manage 

16 Apache Leap to preserve the natural character of 

17 Apache Leap and to protect archeological and cul18 tural resources located on Apache Leap. 

19 (2) SPECIAL USE PERMITS.—The Secretary 

20 may issue to Resolution Copper special use permits 

21 allowing Resolution Copper to carry out under22 ground activities (other than the commercial extrac23 tion of minerals) under the surface of Apache Leap 

24 that the Secretary determines would not disturb the 


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1 surface of the land, subject to any terms and condi2 tions that the Secretary may require. 

3 (3) FENCES; SIGNAGE.—The Secretary may 

4 allow use of the surface of Apache Leap for installa5 tion of fences, signs, monitoring devices, or other 

6 measures necessary to protect the health and safety 

7 of the public, protect resources located on Apache 

8 Leap, or to ensure that activities conducted under 

9 paragraph (2) do not affect the surface of Apache 

10 Leap. 

11 (b) PLAN.— 

12 (1) IN GENERAL.—Not later than 3 years after 

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

14 consultation with affected Indian tribes, the Town, 

15 Resolution Copper, and other interested members of 

16 the public, shall prepare a management plan for 

17 Apache Leap. 

18 (2) CONSIDERATIONS.—In preparing the plan 

19 under paragraph (1), the Secretary shall consider 

20 whether additional measures are necessary to— 

21 (A) protect the cultural, archaeological, or 

22 historical resources of Apache Leap, including 

23 permanent or seasonal closures of all or a por24 tion of Apache Leap; and 

25 (B) provide access for recreation. 


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1 (c) MINING ACTIVITIES.—The provisions of this sec2 tion shall not impose additional restrictions on mining ac3 tivities carried out by Resolution Copper adjacent to, or 

4 outside of, the Apache Leap area beyond those otherwise 

5 applicable to mining activities on privately owned land 

6 under Federal, State, and local laws, rules and regula7 tions. 

8 SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA. 

9 (a) CONVEYANCES.—On request from the Town and 

10 subject to the provisions of this section, the Secretary shall 

11 convey to the Town the following: 

12 (1) Approximately 30 acres of land as depicted 

13 on the map entitled ‘‘Southeast Arizona Land Ex14 change and Conservation Act of 2011–Federal Par15 cel–Fairview Cemetery’’ and dated March 2011. 

16 (2) The reversionary interest and any reserved 

17 mineral interest of the United States in the approxi18 mately 265 acres of land located in Pinal County, 

19 Arizona, as depicted on the map entitled ‘‘Southeast 

20 Arizona Land Exchange and Conservation Act of 

21 2011–Federal Reversionary Interest–Superior Air22 port’’ and dated March 2011. 

23 (3) The approximately 250 acres of land located 

24 in Pinal County, Arizona, as depicted on the map 

25 entitled ‘‘Southeast Arizona Land Exchange and 


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1 Conservation Act of 2011–Federal Parcel–Superior 

2 Airport Contiguous Parcels’’ and dated March 2011. 

3 (b) PAYMENT.—The Town shall pay to the Secretary 

4 the market value for each parcel of land or interest in land 

5 acquired under this section, as determined by appraisals 

6 conducted in accordance with section 4(d). 

7 (c) SISK ACT.—Any payment received by the Sec8 retary from the Town under this section shall be deposited 

9 in the fund established under Public Law 90–171 (com10 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 

11 shall be made available, in such amounts as are provided 

12 in advance in appropriation Acts, to the Secretary for the 

13 acquisition of land for addition to the National Forest Sys14 tem. 

15 (d) TERMS AND CONDITIONS.—The conveyances 

16 under this section shall be subject to such terms and con17 ditions as the Secretary may require. 

18 SEC. 10. MISCELLANEOUS PROVISIONS. 

19 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

21 order that withdraws the Federal land from appro22 priation or disposal under a public land law shall be 

23 revoked to the extent necessary to permit disposal of 

24 the land. 


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

2 of this Act, if the Federal land or any Federal inter3 est in the non-Federal land to be exchanged under 

4 section 4 is not withdrawn or segregated from entry 

5 and appropriation under a public land law (including 

6 mining and mineral leasing laws and the Geothermal 

7 Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the 

8 land or interest shall be withdrawn, without further 

9 action required by the Secretary concerned, from 

10 entry and appropriation. The withdrawal shall be 

11 terminated— 

12 (A) on the date of consummation of the 

13 land exchange; or 

14 (B) if Resolution Copper notifies the Sec15 retary in writing that it has elected to withdraw 

16 from the land exchange pursuant to section 

17 206(d) of the Federal Land Policy and Manage18 ment Act of 1976, as amended (43 U.S.C. 

19 1716(d)). 

20 (3) RIGHTS OF RESOLUTION COPPER.—Nothing 

21 in this Act shall interfere with, limit, or otherwise 

22 impair, the unpatented mining claims or rights cur23 rently held by Resolution Copper on the Federal 

24 land, nor in any way change, diminish, qualify, or 

25 otherwise impact Resolution Copper’s rights and 


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26 

HR 1904 RFS

1 ability to conduct activities on the Federal land 

2 under such unpatented mining claims and the gen3 eral mining laws of the United States, including the 

4 permitting or authorization of such activities. 

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

6 (1) MINOR ERRORS.—The Secretary concerned 

7 and Resolution Copper may correct, by mutual 

8 agreement, any minor errors in any map, acreage es9 timate, or description of any land conveyed or ex10 changed under this Act. 

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

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

13 in this Act, the map shall control unless the Sec14 retary concerned and Resolution Copper mutually 

15 agree otherwise. 

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

17 of this Act, the Secretary shall file and make avail18 able for public inspection in the Office of the Super19 visor, Tonto National Forest, each map referred to 

20 in this Act. 

Passed the House of Representatives October 26, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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