I 

112TH CONGRESS 

1ST SESSION H. R. 1904 

To facilitate the efficient extraction of mineral resources in southeast Arizona 

by authorizing and directing an exchange of Federal and non-Federal 

land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2011 

Mr. GOSAR (for himself, Mr. FRANKS of Arizona, Mr. QUAYLE, Mr. FLAKE, 

and Mr. SCHWEIKERT) introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Southeast Arizona Land Exchange and Conservation Act 

6 of 2011’’. 

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

8 this Act is as follows: 


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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. 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the land exchange furthers public objectives 

4 referenced in section 206 of the Federal Land Policy 

5 and Management Act of 1976 (43 U.S.C. 1716) in6 cluding— 

7 (A) promoting significant job and other 

8 economic opportunities in a part of the State of 

9 Arizona that has a long history of mining, but 

10 is currently experiencing high unemployment 

11 rates and economic difficulties; 

12 (B) facilitating the development of a world13 class domestic copper deposit capable of meet14 ing a significant portion of the annual United 

15 States demand for this strategic and important 

16 mineral, in an area which has already been sub17 ject to mining operations; 

18 (C) significantly enhancing Federal, State, 

19 and local revenue collections in a time of severe 

20 governmental budget shortfalls; 


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1 (D) securing Federal ownership and pro2 tection of land with significant fish and wildlife, 

3 recreational, scenic, water, riparian, cultural, 

4 and other public values; 

5 (E) assisting more efficient Federal land 

6 management via Federal acquisition of land for 

7 addition to the Las Cienegas and San Pedro 

8 Riparian National Conservation Areas, and to 

9 the Tonto and Coconino National Forests; 

10 (F) providing opportunity for community 

11 expansion and economic diversification adjacent 

12 to the towns of Superior, Miami, and Globe, Ar13 izona; and 

14 (G) protecting the cultural resources and 

15 other values of the Apache Leap escarpment lo16 cated near Superior, Arizona; and 

17 (2) the land exchange is, therefore, in the pub18 lic interest. 

19 (b) PURPOSE.—It is the purpose of this Act to au20 thorize, direct, facilitate, and expedite the exchange of 

21 land between Resolution Copper and the United States. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

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

25 means the approximately 822 acres of land depicted 


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1 on the map entitled ‘‘Apache Leap’’ and dated 

2 March 2011. 

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

4 means the approximately 2,422 acres of land located 

5 in Pinal County, Arizona, depicted on the map enti6 tled ‘‘Southeast Arizona Land Exchange and Con7 servation Act of 2011–Federal Parcel–Oak Flat’’ 

8 and dated March 2011. 

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

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

11 Indian Self-Determination and Education Assistance 

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

13 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed14 eral land’’ means the parcels of land owned by Reso15 lution Copper that are described in section 5(a) and, 

16 if necessary to equalize the land exchange under sec17 tion 4, section 4(e)(2)(A)(i). 

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

19 Flat Campground’’ means the approximately 50 

20 acres of land comprising approximately 16 developed 

21 campsites depicted on the map entitled ‘‘Oak Flat 

22 Campground’’ and dated March 2011. 

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

24 ‘‘Oak Flat Withdrawal Area’’ means the approxi25 mately 760 acres of land depicted on the map entiVerDate Mar 15 2010 05:42 May 25, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1904.IH H1904

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1 tled ‘‘Oak Flat Withdrawal Area’’ and dated March 

2 2011. 

3 (7) RESOLUTION COPPER.—The term ‘‘Resolu4 tion Copper’’ means Resolution Copper Mining, 

5 LLC, a Delaware limited liability company, includ6 ing any successor, assign, affiliate, member, or joint 

7 venturer of Resolution Copper Mining, LLC. 

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

9 the Secretary of Agriculture. 

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

11 of Arizona. 

12 (10) TOWN.—The term ‘‘Town’’ means the in13 corporated town of Superior, Arizona. 

14 SEC. 4. LAND EXCHANGE. 

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

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

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

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

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

20 title, and interest of the United States in and to the Fed21 eral land. 

22 (b) CONDITIONS ON ACCEPTANCE.—Title to any non23 Federal land conveyed by Resolution Copper to the United 

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


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

2 be administered by the Forest Service and the Sec3 retary of the Interior, for land to be administered by 

4 the Bureau of Land Management; and 

5 (2) conforms to the title approval standards of 

6 the Attorney General of the United States applicable 

7 to land acquisitions by the Federal Government. 

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

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

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

11 engage in government-to-government consultation with af12 fected Indian tribes concerning issues related to the land 

13 exchange, in accordance with applicable laws (including 

14 regulations). 

15 (d) APPRAISALS.— 

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

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

18 Resolution Copper shall select an appraiser to con19 duct appraisals of the Federal land and non-Federal 

20 land. 

21 (2) REQUIREMENTS.— 

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

23 subparagraph (B), an appraisal prepared under 

24 this subsection shall be conducted in accordance 


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1 with nationally recognized appraisal standards, 

2 including— 

3 (i) the Uniform Appraisal Standards 

4 for Federal Land Acquisitions; and 

5 (ii) the Uniform Standards of Profes6 sional Appraisal Practice. 

7 (B) FINAL APPRAISED VALUE.—After the 

8 final appraised values of the Federal land and 

9 non-Federal land are determined and approved 

10 by the Secretary, the Secretary shall not be re11 quired to reappraise or update the final ap12 praised value— 

13 (i) for a period of 3 years beginning 

14 on the date of the approval by the Sec15 retary of the final appraised value; or 

16 (ii) at all, in accordance with section 

17 254.14 of title 36, Code of Federal Regula18 tions (or a successor regulation), after an 

19 exchange agreement is entered into by Res20 olution Copper and the Secretary. 

21 (C) IMPROVEMENTS.—Any improvements 

22 made by Resolution Copper prior to entering 

23 into an exchange agreement shall not be in24 cluded in the appraised value of the Federal 

25 land. 


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1 (D) PUBLIC REVIEW.—Before consum2 mating the land exchange under this Act, the 

3 Secretary shall make the appraisals of the land 

4 to be exchanged (or a summary thereof) avail5 able for public review. 

6 (3) APPRAISAL INFORMATION.—The appraisal 

7 prepared under this subsection shall include a de8 tailed income capitalization approach analysis of the 

9 market value of the Federal land which may be uti10 lized, as appropriate, to determine the value of the 

11 Federal land, and shall be the basis for calculation 

12 of any payment under section 6. 

13 (e) EQUAL VALUE LAND EXCHANGE.— 

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

15 land and non-Federal land to be exchanged under 

16 this Act shall be equal or shall be equalized in ac17 cordance with this subsection. 

18 (2) SURPLUS OF FEDERAL LAND VALUE.— 

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

20 value of the Federal land exceeds the value of 

21 the non-Federal land, Resolution Copper 

22 shall— 

23 (i) convey additional non-Federal land 

24 in the State to the Secretary or the Sec25 retary of the Interior, consistent with the 


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1 requirements of this Act and subject to the 

2 approval of the applicable Secretary; 

3 (ii) make a cash payment to the 

4 United States; or 

5 (iii) use a combination of the methods 

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

7 to by Resolution Copper, the Secretary, 

8 and the Secretary of the Interior. 

9 (B) AMOUNT OF PAYMENT.—The Sec10 retary may accept a payment in excess of 25 

11 percent of the total value of the land or inter12 ests conveyed, notwithstanding section 206(b) 

13 of the Federal Land Policy and Management 

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

15 (C) DISPOSITION AND USE OF PRO16 CEEDS.—Any amounts received by the United 

17 States under this subparagraph shall be depos18 ited in the fund established under Public Law 

19 90–171 (commonly known as the ‘‘Sisk Act’’; 

20 16 U.S.C. 484a) and shall be made available to 

21 the Secretary for the acquisition of land for ad22 dition to the National Forest System. 

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

24 final appraised value of the non-Federal land ex25 ceeds the value of the Federal land— 


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1 (A) the United States shall not make a 

2 payment to Resolution Copper to equalize the 

3 value; and 

4 (B) except as provided in section 

5 9(b)(2)(B), the surplus value of the non-Fed6 eral land shall be considered to be a donation 

7 by Resolution Copper to the United States. 

8 (f) OAK FLAT WITHDRAWAL AREA.— 

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

10 subsection and notwithstanding any withdrawal of 

11 the Oak Flat Withdrawal Area from the mining, 

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

13 upon enactment of this Act, shall issue to Resolution 

14 Copper— 

15 (A) if so requested by Resolution Copper, 

16 within 30 days of such request, a special use 

17 permit to carry out mineral exploration activi18 ties under the Oak Flat Withdrawal Area from 

19 existing drill pads located outside the Area, if 

20 the activities would not disturb the surface of 

21 the Area; and 

22 (B) if so requested by Resolution Copper, 

23 within 90 days of such request, a special use 

24 permit to carry out mineral exploration activi25 ties within the Oak Flat Withdrawal Area (but 


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1 not within the Oak Flat Campground), if the 

2 activities are conducted from a single explor3 atory drill pad which is located to reasonably 

4 minimize visual and noise impacts on the 

5 Campground. 

6 (2) CONDITIONS.—Any activities undertaken in 

7 accordance with this subsection shall be subject to 

8 such reasonable terms and conditions as the Sec9 retary may require. 

10 (3) TERMINATION.—The authorization for Res11 olution Copper to undertake mineral exploration ac12 tivities under this subsection shall remain in effect 

13 until the Oak Flat Withdrawal Area land is con14 veyed to Resolution Copper in accordance with this 

15 Act. 

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

17 under this Act, Resolution Copper shall agree to pay, with18 out compensation, all costs that are— 

19 (1) associated with the land exchange; and 

20 (2) agreed to by the Secretary. 

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

22 be conveyed to Resolution Copper under this Act shall be 

23 available to Resolution Copper for mining and related ac24 tivities subject to and in accordance with applicable FedVerDate Mar 15 2010 05:42 May 25, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1904.IH H1904

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1 eral, State, and local laws pertaining to mining and related 

2 activities on land in private ownership. 

3 (i) INTENT OF CONGRESS.—It is the intent of Con4 gress that the land exchange directed by this Act shall 

5 be consummated not later than one year after the date 

6 of enactment of this Act. 

7 (j) ENVIRONMENTAL COMPLIANCE.—Compliance 

8 with the requirements of the National Environmental Pol9 icy (42 U.S.C. 3421 et seq.) under this Act shall be as 

10 follows: 

11 (1) Prior to commencing production in commer12 cial quantities of any valuable mineral from the Fed13 eral land conveyed to Resolution Copper under this 

14 Act (except for any production from exploration and 

15 mine development shafts, adits, and tunnels needed 

16 to determine feasibility and pilot plant testing of 

17 commercial production or to access the ore body and 

18 tailing deposition areas), Resolution Copper shall 

19 submit to the Secretary a proposed mine plan of op20 erations. 

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

22 submission, complete preparation of an environ23 mental review document in accordance with section 

24 102(2) of the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4322(2)) which shall be used as 


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1 the basis for all decisions under applicable Federal 

2 laws, rules and regulations regarding any Federal 

3 actions or authorizations related to the proposed 

4 mine and mine plan of operations of Resolution Cop5 per, including the construction of associated power, 

6 water, transportation, processing, tailings, waste 

7 dump, and other ancillary facilities. 

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

9 LAND. 

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

11 land, Resolution Copper shall simultaneously convey— 

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

13 that the Secretary determines to be acceptable in 

14 and to— 

15 (A) the approximately 147 acres of land lo16 cated in Gila County, Arizona, depicted on the 

17 map entitled ‘‘Southeast Arizona Land Con18 servation Act of 2011–Non-Federal Parcel–Tur19 key Creek’’ and dated March 2011; 

20 (B) the approximately 148 acres of land 

21 located in Yavapai County, Arizona, depicted on 

22 the map entitled ‘‘Southeast Arizona Land Con23 servation Act of 2011–Non-Federal Parcel– 

24 Tangle Creek’’ and dated March 2011; 


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1 (C) the approximately 149 acres of land lo2 cated in Maricopa County, Arizona, depicted on 

3 the map entitled ‘‘Southeast Arizona Land Con4 servation Act of 2011–Non-Federal Parcel– 

5 Cave Creek’’ and dated March 2011; 

6 (D) the approximately 640 acres of land 

7 located in Coconino County, Arizona, depicted 

8 on the map entitled ‘‘Southeast Arizona Land 

9 Exchange and Conservation Act of 2011–Non10 Federal Parcel–East Clear Creek’’ and dated 

11 March 2011; and 

12 (E) the approximately 110 acres of land 

13 located in Pinal County, Arizona, depicted on 

14 the map entitled ‘‘Southeast Arizona Land Con15 servation Act of 2011–Non-Federal Parcel– 

16 Apache Leap South End’’ and dated March 

17 2011; and 

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

19 title, and interest that the Secretary of the Interior 

20 determines to be acceptable in and to— 

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

22 located in Pinal County, Arizona, identified as 

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

24 map entitled ‘‘Lower San Pedro River’’ and 

25 dated March 2011; 


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1 (B) the approximately 160 acres of land 

2 located in Gila and Pinal Counties, Arizona, 

3 identified as ‘‘Lands to DOI’’ as generally de4 picted on the map entitled ‘‘Dripping Springs’’ 

5 and dated March 2011; and 

6 (C) the approximately 940 acres of land lo7 cated in Santa Cruz County, Arizona, identified 

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

9 map entitled ‘‘Appleton Ranch’’ and dated 

10 March 2011. 

11 (b) MANAGEMENT OF ACQUIRED LAND.— 

12 (1) LAND ACQUIRED BY THE SECRETARY.— 

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

14 Secretary under this Act shall— 

15 (i) become part of the national forest 

16 in which the land is located; and 

17 (ii) be administered in accordance 

18 with the laws applicable to the National 

19 Forest System. 

20 (B) BOUNDARY REVISION.—On the acqui21 sition of land by the Secretary under this Act, 

22 the boundaries of the national forest shall be 

23 modified to reflect the inclusion of the acquired 

24 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 RIPARIAN NATIONAL CON12 SERVATION 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 Ri17 parian National Conservation Area in ac18 cordance with the laws (including regula19 tions) applicable 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 

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1 servation Area to reflect the management 

2 requirements of 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 

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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 to the Secretary and the Secretary 

20 of the Interior only for the purposes authorized by 

21 paragraph (2). 

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

23 fund established pursuant to paragraph (1) shall be 

24 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.— 

4 (1) IN GENERAL.—The Town shall pay to the 

5 Secretary the market value for each parcel of land 

6 or interest in land acquired under this section, as 

7 determined by appraisals conducted in accordance 

8 with section 4(d). 

9 (2) REDUCTION.—If the final appraised value 

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

11 Federal land under section 4— 

12 (A) the obligation of the Town to pay the 

13 United States shall be reduced by an amount 

14 not to exceed the excess value of the non-Fed15 eral land conveyed to the United States; and 

16 (B) the value of the donation made by 

17 Resolution Copper to the United States shall be 

18 reduced accordingly. 

19 (c) SISK ACT.—Any payment received by the Sec20 retary from the Town under this section shall be deposited 

21 in the fund established under Public Law 90–171 (com22 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 

23 shall be made available to the Secretary for the acquisition 

24 of land for addition to the National Forest System. 


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1 (d) TERMS AND CONDITIONS.—The conveyances 

2 under this section shall be subject to such terms and con3 ditions as the Secretary may require. 

4 SEC. 10. MISCELLANEOUS PROVISIONS. 

5 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

7 order that withdraws the Federal land from appro8 priation or disposal under a public land law shall be 

9 revoked to the extent necessary to permit disposal of 

10 the land. 

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

12 of this Act, if the Federal land or any Federal inter13 est in the non-Federal land to be exchanged under 

14 section 4 is not withdrawn or segregated from entry 

15 and appropriation under a public land law (including 

16 mining and mineral leasing laws and the Geothermal 

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

18 land or interest shall be withdrawn, without further 

19 action required by the Secretary concerned, from 

20 entry and appropriation. The withdrawal shall be 

21 terminated— 

22 (A) on the date of consummation of the 

23 land exchange; or 

24 (B) if Resolution Copper notifies the Sec25 retary in writing that it has elected to withdraw 


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1 from the land exchange pursuant to section 

2 206(d) of the Federal Land Policy and Manage3 ment Act of 1976, as amended (43 U.S.C. 

4 1716(d)). 

5 (3) RIGHTS OF RESOLUTION COPPER.—Nothing 

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

7 impair, the unpatented mining claims or rights cur8 rently held by Resolution Copper on the Federal 

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

10 otherwise impact Resolution Copper’s rights and 

11 ability to conduct activities on the Federal land 

12 under such unpatented mining claims and the gen13 eral mining laws of the United States, including the 

14 permitting or authorization of such activities. 

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

16 (1) MINOR ERRORS.—The Secretary concerned 

17 and Resolution Copper may correct, by mutual 

18 agreement, any minor errors in any map, acreage es19 timate, or description of any land conveyed or ex20 changed under this Act. 

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

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

23 in this Act, the map shall control unless the Sec24 retary concerned and Resolution Copper mutually 

25 agree otherwise. 


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

2 of this Act, the Secretary shall file and make avail3 able for public inspection in the Office of the Super4 visor, Tonto National Forest, each map referred to 

5 in this Act. 

Æ 


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