IB 

Union Calendar No. 162 

112TH CONGRESS 

1ST SESSION H. R. 1904 

[Report No. 112–246] 

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 

OCTOBER 14, 2011 

Additional sponsors: Mr. TIPTON, Mr. MANZULLO, Mr. CHAFFETZ, Mr. 

BISHOP of Utah, Mrs. LUMMIS, Mr. PEARCE, Mr. LUETKEMEYER, Mr. 

SESSIONS, Mr. LANDRY, Mr. BROOKS, Mr. CARTER, Mr. FLORES, Mr. 

REED, Mr. WALDEN, Mrs. MCMORRIS RODGERS, Mr. YOUNG of Alaska, 

Mr. KELLY, Mr. HECK, Mr. AMODEI, Mr. SOUTHERLAND, Mr. THOMPSON of Pennsylvania, Mr. STUTZMAN, Mr. LANKFORD, and Mr. SIMPSON

OCTOBER 14, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 13, 2011] 


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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. 


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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: 

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. 

9 SEC. 2. FINDINGS AND PURPOSE. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) the land exchange furthers public objectives 

12 referenced in section 206 of the Federal Land Policy 

13 and Management Act of 1976 (43 U.S.C. 1716) in14 cluding— 

15 (A) promoting significant job and other eco16 nomic opportunities in a part of the State of Ar17 izona that has a long history of mining, but is 

18 currently experiencing high unemployment rates 

19 and economic difficulties; 


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1 (B) facilitating the development of a world2 class domestic copper deposit capable of meeting 

3 a significant portion of the annual United States 

4 demand for this strategic and important min5 eral, in an area which has already been subject 

6 to mining operations; 

7 (C) significantly enhancing Federal, State, 

8 and local revenue collections in a time of severe 

9 governmental budget shortfalls; 

10 (D) securing Federal ownership and protec11 tion of land with significant fish and wildlife, 

12 recreational, scenic, water, riparian, cultural, 

13 and other public values; 

14 (E) assisting more efficient Federal land 

15 management via Federal acquisition of land for 

16 addition to the Las Cienegas and San Pedro Na17 tional Conservation Areas, and to the Tonto and 

18 Coconino National Forests; 

19 (F) providing opportunity for community 

20 expansion and economic diversification adjacent 

21 to the towns of Superior, Miami, and Globe, Ari22 zona; and 

23 (G) protecting the cultural resources and 

24 other values of the Apache Leap escarpment lo25 cated near Superior, Arizona; and 


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1 (2) the land exchange is, therefore, in the public 

2 interest. 

3 (b) PURPOSE.—It is the purpose of this Act to author4 ize, direct, facilitate, and expedite the exchange of land be5 tween Resolution Copper and the United States. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 means the approximately 807 acres of land depicted 

10 on the map entitled ‘‘Southeast Arizona Land Ex11 change and Conservation Act of 2011–Apache Leap’’ 

12 and dated March 2011. 

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

14 means the approximately 2,422 acres of land located 

15 in Pinal County, Arizona, depicted on the map enti16 tled ‘‘Southeast Arizona Land Exchange and Con17 servation Act of 2011–Federal Parcel–Oak Flat’’ and 

18 dated March 2011. 

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

20 the meaning given the term in section 4 of the Indian 

21 Self-Determination and Education Assistance Act (25 

22 U.S.C. 450b). 

23 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the parcels of land owned by Reso25 lution Copper that are described in section 5(a) and, 


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1 if necessary to equalize the land exchange under sec2 tion 4, section 4(e)(2)(A)(i). 

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

4 Flat Campground’’ means the approximately 50 acres 

5 of land comprising approximately 16 developed 

6 campsites depicted on the map entitled ‘‘Southeast 

7 Arizona Land Exchange and Conservation Act of 

8 2011–Oak Flat Campground’’ and dated March 2011. 

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

10 ‘‘Oak Flat Withdrawal Area’’ means the approxi11 mately 760 acres of land depicted on the map entitled 

12 ‘‘Southeast Arizona Land Exchange and Conservation 

13 Act of 2011–Oak Flat Withdrawal Area’’ and dated 

14 March 2011. 

15 (7) RESOLUTION COPPER.—The term ‘‘Resolu16 tion Copper’’ means Resolution Copper Mining, LLC, 

17 a Delaware limited liability company, including any 

18 successor, assign, affiliate, member, or joint venturer 

19 of Resolution Copper Mining, LLC. 

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

21 the Secretary of Agriculture. 

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

23 of Arizona. 

24 (10) TOWN.—The term ‘‘Town’’ means the incor25 porated 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 in 

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

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

7 and interest of the United States in and to the Federal land. 

8 (b) CONDITIONS ON ACCEPTANCE.—Title to any non9 Federal land conveyed by Resolution Copper to the United 

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

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

12 administered by the Forest Service and the Secretary 

13 of the Interior, for land to be administered by the Bu14 reau of Land Management; and 

15 (2) conforms to the title approval standards of 

16 the Attorney General of the United States applicable 

17 to land acquisitions by the Federal Government. 

18 (c) CONSULTATION WITH INDIAN TRIBES.—If not un19 dertaken prior to enactment of this Act, within 30 days of 

20 the date of enactment of this Act, the Secretary shall engage 

21 in government-to-government consultation with affected In22 dian tribes concerning issues related to the land exchange, 

23 in accordance with applicable laws (including regulations). 

24 (d) APPRAISALS.— 

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

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


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1 Resolution Copper shall select an appraiser to con2 duct appraisals of the Federal land and non-Federal 

3 land in compliance with the requirements of section 

4 254.9 of title 36, Code of Federal Regulations. 

5 (2) REQUIREMENTS.— 

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

7 subparagraph (B), an appraisal prepared under 

8 this subsection shall be conducted in accordance 

9 with nationally recognized appraisal standards, 

10 including— 

11 (i) the Uniform Appraisal Standards 

12 for Federal Land Acquisitions; and 

13 (ii) the Uniform Standards of Profes14 sional Appraisal Practice. 

15 (B) FINAL APPRAISED VALUE.—After the 

16 final appraised values of the Federal land and 

17 non-Federal land are determined and approved 

18 by the Secretary, the Secretary shall not be re19 quired to reappraise or update the final ap20 praised value— 

21 (i) for a period of 3 years beginning on 

22 the date of the approval by the Secretary of 

23 the final appraised value; or 

24 (ii) at all, in accordance with section 

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1 tions (or a successor regulation), after an 

2 exchange agreement is entered into by Reso3 lution Copper and the Secretary. 

4 (C) IMPROVEMENTS.—Any improvements 

5 made by Resolution Copper prior to entering 

6 into an exchange agreement shall not be included 

7 in the appraised value of the Federal land. 

8 (D) PUBLIC REVIEW.—Before consum9 mating the land exchange under this Act, the 

10 Secretary shall make the appraisals of the land 

11 to be exchanged (or a summary thereof) available 

12 for public review. 

13 (3) APPRAISAL INFORMATION.—The appraisal 

14 prepared under this subsection shall include a de15 tailed income capitalization approach analysis of the 

16 market value of the Federal land which may be uti17 lized, as appropriate, to determine the value of the 

18 Federal land, and shall be the basis for calculation of 

19 any payment under section 6. 

20 (e) EQUAL VALUE LAND EXCHANGE.— 

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

22 and non-Federal land to be exchanged under this Act 

23 shall be equal or shall be equalized in accordance with 

24 this subsection. 

25 (2) SURPLUS OF FEDERAL LAND VALUE.— 


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

2 value of the Federal land exceeds the value of the 

3 non-Federal land, Resolution Copper shall— 

4 (i) convey additional non-Federal land 

5 in the State to the Secretary or the Sec6 retary of the Interior, consistent with the re7 quirements of this Act and subject to the ap8 proval of the applicable Secretary; 

9 (ii) make a cash payment to the 

10 United States; or 

11 (iii) use a combination of the methods 

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

13 to by Resolution Copper, the Secretary, and 

14 the Secretary of the Interior. 

15 (B) AMOUNT OF PAYMENT.—The Secretary 

16 may accept a payment in excess of 25 percent of 

17 the total value of the land or interests conveyed, 

18 notwithstanding section 206(b) of the Federal 

19 Land Policy and Management Act of 1976 (43 

20 U.S.C. 1716(b)). 

21 (C) DISPOSITION AND USE OF PROCEEDS.— 

22 Any amounts received by the United States 

23 under this subparagraph shall be deposited in 

24 the fund established under Public Law 90–171 

25 (commonly known as the ‘‘Sisk Act’’; 16 U.S.C. 


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1 484a) and shall be made available to the Sec2 retary for the acquisition of land for addition to 

3 the National Forest System. 

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

5 final appraised value of the non-Federal land exceeds 

6 the value of the Federal land— 

7 (A) the United States shall not make a pay8 ment to Resolution Copper to equalize the value; 

9 and 

10 (B) except as provided in section 

11 9(b)(2)(B), the surplus value of the non-Federal 

12 land shall be considered to be a donation by Res13 olution Copper to the United States. 

14 (f) OAK FLAT WITHDRAWAL AREA.— 

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

16 subsection and notwithstanding any withdrawal of 

17 the Oak Flat Withdrawal Area from the mining, min18 eral leasing, or public land laws, the Secretary, upon 

19 enactment of this Act, shall issue to Resolution Cop20 per— 

21 (A) if so requested by Resolution Copper, 

22 within 30 days of such request, a special use per23 mit to carry out mineral exploration activities 

24 under the Oak Flat Withdrawal Area from exist25 ing drill pads located outside the Area, if the acVerDate Mar 15 2010 21:45 Oct 14, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1904.RH H1904

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1 tivities would not disturb the surface of the Area; 

2 and 

3 (B) if so requested by Resolution Copper, 

4 within 90 days of such request, a special use per5 mit to carry out mineral exploration activities 

6 within the Oak Flat Withdrawal Area (but not 

7 within the Oak Flat Campground), if the activi8 ties are conducted from a single exploratory drill 

9 pad which is located to reasonably minimize vis10 ual and noise impacts on the Campground. 

11 (2) CONDITIONS.—Any activities undertaken in 

12 accordance with this subsection shall be subject to 

13 such reasonable terms and conditions as the Secretary 

14 may require. 

15 (3) TERMINATION.—The authorization for Reso16 lution Copper to undertake mineral exploration ac17 tivities under this subsection shall remain in effect 

18 until the Oak Flat Withdrawal Area land is conveyed 

19 to Resolution Copper in accordance with this Act. 

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

21 this Act, Resolution Copper shall agree to pay, without com22 pensation, all costs that are— 

23 (1) associated with the land exchange and any 

24 environmental review document under subsection (j); 

25 and 


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1 (2) agreed to by the Secretary. 

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

3 conveyed to Resolution Copper under this Act shall be avail4 able to Resolution Copper for mining and related activities 

5 subject to and in accordance with applicable Federal, State, 

6 and local laws pertaining to mining and related activities 

7 on land in private ownership. 

8 (i) INTENT OF CONGRESS.—It is the intent of Congress 

9 that the land exchange directed by this Act shall be con10 summated not later than one year after the date of enact11 ment of this Act. 

12 (j) ENVIRONMENTAL COMPLIANCE.—Compliance with 

13 the requirements of the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.) under this Act shall be 

15 as follows: 

16 (1) Prior to commencing production in commer17 cial quantities of any valuable mineral from the Fed18 eral land conveyed to Resolution Copper under this 

19 Act (except for any production from exploration and 

20 mine development shafts, adits, and tunnels needed to 

21 determine feasibility and pilot plant testing of com22 mercial production or to access the ore body and tail23 ing deposition areas), Resolution Copper shall submit 

24 to the Secretary a proposed mine plan of operations. 


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

2 submission, complete preparation of an environ3 mental review document in accordance with section 

4 102(2) of the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4322(2)) which shall be used as the 

6 basis for all decisions under applicable Federal laws, 

7 rules and regulations regarding any Federal actions 

8 or authorizations related to the proposed mine and 

9 mine plan of operations of Resolution Copper, includ10 ing the construction of associated power, water, trans11 portation, processing, tailings, waste dump, and other 

12 ancillary facilities. 

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

14 LAND. 

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

16 land, Resolution Copper shall simultaneously convey— 

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

18 that the Secretary determines to be acceptable in and 

19 to— 

20 (A) the approximately 147 acres of land lo21 cated in Gila County, Arizona, depicted on the 

22 map entitled ‘‘Southeast Arizona Land Exchange 

23 and Conservation Act of 2011–Non-Federal Par24 cel–Turkey Creek’’ and dated March 2011; 


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1 (B) the approximately 148 acres of land lo2 cated in Yavapai County, Arizona, depicted on 

3 the map entitled ‘‘Southeast Arizona Land Ex4 change and Conservation Act of 2011–Non-Fed5 eral Parcel–Tangle Creek’’ and dated March 

6 2011; 

7 (C) the approximately 149 acres of land lo8 cated in Maricopa County, Arizona, depicted on 

9 the map entitled ‘‘Southeast Arizona Land Ex10 change and Conservation Act of 2011–Non-Fed11 eral Parcel–Cave Creek’’ and dated March 2011; 

12 (D) the approximately 640 acres of land lo13 cated in Coconino County, Arizona, depicted on 

14 the map entitled ‘‘Southeast Arizona Land Ex15 change and Conservation Act of 2011–Non-Fed16 eral Parcel–East Clear Creek’’ and dated March 

17 2011; and 

18 (E) the approximately 110 acres of land lo19 cated in Pinal County, Arizona, depicted on the 

20 map entitled ‘‘Southeast Arizona Land Exchange 

21 and Conservation Act of 2011–Non-Federal Par22 cel–Apache Leap South End’’ and dated March 

23 2011; and 


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

2 title, and interest that the Secretary of the Interior 

3 determines to be acceptable in and to— 

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

5 located in Pinal County, Arizona, identified as 

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

7 map entitled ‘‘Southeast Arizona Land Exchange 

8 and Conservation Act of 2011–Non-Federal Par9 cel–Lower San Pedro River’’ and dated July 6, 

10 2011; 

11 (B) the approximately 160 acres of land lo12 cated in Gila and Pinal Counties, Arizona, iden13 tified as ‘‘Lands to DOI’’ as generally depicted 

14 on the map entitled ‘‘Southeast Arizona Land 

15 Exchange and Conservation Act of 2011–Non16 Federal Parcel–Dripping Springs’’ and dated 

17 July 6, 2011; and 

18 (C) the approximately 940 acres of land lo19 cated in Santa Cruz County, Arizona, identified 

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

21 map entitled ‘‘Southeast Arizona Land Exchange 

22 and Conservation Act of 2011–Non-Federal Par23 cel–Appleton Ranch’’ and dated July 6, 2011. 

24 (b) MANAGEMENT OF ACQUIRED LAND.— 

25 (1) LAND ACQUIRED BY THE SECRETARY.— 


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

2 Secretary under this Act shall— 

3 (i) become part of the national forest 

4 in which the land is located; and 

5 (ii) be administered in accordance 

6 with the laws applicable to the National 

7 Forest System. 

8 (B) BOUNDARY REVISION.—On the acquisi9 tion of land by the Secretary under this Act, the 

10 boundaries of the national forest shall be modi11 fied to reflect the inclusion of the acquired land. 

12 (C) LAND AND WATER CONSERVATION

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

14 and Water Conservation Fund Act of 1965 (16 

15 U.S.C. 4601–9), the boundaries of a national for16 est in which land acquired by the Secretary is 

17 located shall be deemed to be the boundaries of 

18 that forest as in existence on January 1, 1965. 

19 (2) LAND ACQUIRED BY THE SECRETARY OF THE

20 INTERIOR.— 

21 (A) SAN PEDRO NATIONAL CONSERVATION

22 AREA.— 

23 (i) IN GENERAL.—The land acquired 

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1 ministered as part of, the San Pedro Na2 tional Conservation Area in accordance 

3 with the laws (including regulations) appli4 cable to the Conservation Area. 

5 (ii) MANAGEMENT PLAN.—Not later 

6 than 2 years after the date on which the 

7 land is acquired, the Secretary of the Inte8 rior shall update the management plan for 

9 the San Pedro National Conservation Area 

10 to reflect the management requirements of 

11 the acquired land. 

12 (B) DRIPPING SPRINGS.—Land acquired by 

13 the Secretary of the Interior under subsection 

14 (a)(2)(B) shall be managed in accordance with 

15 the Federal Land Policy and Management Act of 

16 1976 (43 U.S.C. 1701 et seq.) and applicable 

17 land use plans. 

18 (C) LAS CIENEGAS NATIONAL CONSERVA19 TION AREA.—Land acquired by the Secretary of 

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

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

22 Cienegas National Conservation Area in accord23 ance with the laws (including regulations) appli24 cable to the Conservation Area. 


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1 (c) SURRENDER OF RIGHTS.—In addition to the con2 veyance of the non-Federal land to the United States under 

3 this Act, and as a condition of the land exchange, Resolu4 tion Copper shall surrender to the United States, without 

5 compensation, the rights held by Resolution Copper under 

6 the mining laws and other laws of the United States to com7 mercially extract minerals under Apache Leap. 

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

9 (a) ANNUAL PRODUCTION REPORTING.— 

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

11 land exchange under this Act, Resolution Copper shall 

12 submit to the Secretary of the Interior an annual re13 port indicating the quantity of locatable minerals 

14 produced during the preceding calendar year in com15 mercial quantities from the Federal land conveyed to 

16 Resolution Copper under section 4. The first report is 

17 required to be submitted not later than February 15 

18 of the first calendar year beginning after the date of 

19 commencement of production of valuable locatable 

20 minerals in commercial quantities from such Federal 

21 land. The reports shall be submitted February 15 of 

22 each calendar year thereafter. 

23 (2) SHARING REPORTS WITH STATE.—The Sec24 retary shall make each report received under para25 graph (1) available to the State. 


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1 (3) REPORT CONTENTS.—The reports under 

2 paragraph (1) shall comply with any recordkeeping 

3 and reporting requirements prescribed by the Sec4 retary or required by applicable Federal laws in effect 

5 at the time of production. 

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

7 production of valuable locatable minerals produced in com8 mercial quantities from the Federal land conveyed to Reso9 lution Copper under section 4 exceeds the quantity of pro10 duction of locatable minerals from the Federal land used 

11 in the income capitalization approach analysis prepared 

12 under section 4(d)(3), Resolution Copper shall pay to the 

13 United States, by not later than March 15 of each applica14 ble calendar year, a value adjustment payment for the 

15 quantity of excess production at the same rate assumed for 

16 the income capitalization approach analysis prepared 

17 under section 4(d)(3). 

18 (c) STATE LAW UNAFFECTED.—Nothing in this section 

19 modifies, expands, diminishes, amends, or otherwise affects 

20 any State law relating to the imposition, application, tim21 ing, or collection of a State excise or severance tax. 

22 (d) USE OF FUNDS.— 

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

24 United States under this section shall be deposited in 

25 a special fund established in the Treasury and shall 


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1 be available to the Secretary and the Secretary of the 

2 Interior only for the purposes authorized by para3 graph (2). 

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

5 fund established pursuant to paragraph (1) shall be 

6 used for maintenance, repair, and rehabilitation 

7 projects for Forest Service and Bureau of Land Man8 agement assets. 

9 SEC. 7. WITHDRAWAL. 

10 Subject to valid existing rights, Apache Leap and any 

11 land acquired by the United States under this Act are with12 drawn from all forms of— 

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

14 public land laws; 

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

16 laws; and 

17 (3) disposition under the mineral leasing, min18 eral materials, and geothermal leasing laws. 

19 SEC. 8. APACHE LEAP. 

20 (a) MANAGEMENT.— 

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

22 Apache Leap to preserve the natural character of 

23 Apache Leap and to protect archeological and cul24 tural resources located on Apache Leap. 


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1 (2) SPECIAL USE PERMITS.—The Secretary may 

2 issue to Resolution Copper special use permits allow3 ing Resolution Copper to carry out underground ac4 tivities (other than the commercial extraction of min5 erals) under the surface of Apache Leap that the Sec6 retary determines would not disturb the surface of the 

7 land, subject to any terms and conditions that the 

8 Secretary may require. 

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

10 allow use of the surface of Apache Leap for installa11 tion of fences, signs, monitoring devices, or other 

12 measures necessary to protect the health and safety of 

13 the public, protect resources located on Apache Leap, 

14 or to ensure that activities conducted under para15 graph (2) do not affect the surface of Apache Leap. 

16 (b) PLAN.— 

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

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

19 consultation with affected Indian tribes, the Town, 

20 Resolution Copper, and other interested members of 

21 the public, shall prepare a management plan for 

22 Apache Leap. 

23 (2) CONSIDERATIONS.—In preparing the plan 

24 under paragraph (1), the Secretary shall consider 

25 whether additional measures are necessary to— 


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1 (A) protect the cultural, archaeological, or 

2 historical resources of Apache Leap, including 

3 permanent or seasonal closures of all or a por4 tion of Apache Leap; and 

5 (B) provide access for recreation. 

6 (c) MINING ACTIVITIES.—The provisions of this section 

7 shall not impose additional restrictions on mining activi8 ties carried out by Resolution Copper adjacent to, or outside 

9 of, the Apache Leap area beyond those otherwise applicable 

10 to mining activities on privately owned land under Federal, 

11 State, and local laws, rules and regulations. 

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

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

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

15 convey to the Town the following: 

16 (1) Approximately 30 acres of land as depicted 

17 on the map entitled ‘‘Southeast Arizona Land Ex18 change and Conservation Act of 2011–Federal Parcel– 

19 Fairview Cemetery’’ and dated March 2011. 

20 (2) The reversionary interest and any reserved 

21 mineral interest of the United States in the approxi22 mately 265 acres of land located in Pinal County, Ar23 izona, as depicted on the map entitled ‘‘Southeast Ar24 izona Land Exchange and Conservation Act of 2011– 


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1 Federal Reversionary Interest–Superior Airport’’ and 

2 dated March 2011. 

3 (3) The approximately 250 acres of land located 

4 in Pinal County, Arizona, as depicted on the map en5 titled ‘‘Southeast Arizona Land Exchange and Con6 servation Act of 2011–Federal Parcel–Superior Air7 port Contiguous Parcels’’ and dated March 2011. 

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

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

10 acquired under this section, as determined by appraisals 

11 conducted in accordance with section 4(d). 

12 (c) SISK ACT.—Any payment received by the Sec13 retary from the Town under this section shall be deposited 

14 in the fund established under Public Law 90–171 (com15 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall 

16 be made available to the Secretary for the acquisition of 

17 land for addition to the National Forest System. 

18 (d) TERMS AND CONDITIONS.—The conveyances under 

19 this section shall be subject to such terms and conditions 

20 as the Secretary may require. 

21 SEC. 10. MISCELLANEOUS PROVISIONS. 

22 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

24 order that withdraws the Federal land from appro25 priation or disposal under a public land law shall be 


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•HR 1904 RH

1 revoked to the extent necessary to permit disposal of 

2 the land. 

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

4 this Act, if the Federal land or any Federal interest 

5 in the non-Federal land to be exchanged under section 

6 4 is not withdrawn or segregated from entry and ap7 propriation under a public land law (including min8 ing and mineral leasing laws and the Geothermal 

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

10 or interest shall be withdrawn, without further action 

11 required by the Secretary concerned, from entry and 

12 appropriation. The withdrawal shall be terminated— 

13 (A) on the date of consummation of the land 

14 exchange; or 

15 (B) if Resolution Copper notifies the Sec16 retary in writing that it has elected to withdraw 

17 from the land exchange pursuant to section 

18 206(d) of the Federal Land Policy and Manage19 ment Act of 1976, as amended (43 U.S.C. 

20 1716(d)). 

21 (3) RIGHTS OF RESOLUTION COPPER.—Nothing 

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

23 impair, the unpatented mining claims or rights cur24 rently held by Resolution Copper on the Federal land, 

25 nor in any way change, diminish, qualify, or otherVerDate Mar 15 2010 21:45 Oct 14, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H1904.RH H1904

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•HR 1904 RH

1 wise impact Resolution Copper’s rights and ability to 

2 conduct activities on the Federal land under such 

3 unpatented mining claims and the general mining 

4 laws of the United States, including the permitting or 

5 authorization of such activities. 

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

7 (1) MINOR ERRORS.—The Secretary concerned 

8 and Resolution Copper may correct, by mutual agree9 ment, any minor errors in any map, acreage esti10 mate, or description of any land conveyed or ex11 changed under this Act. 

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

13 map, an acreage estimate, or a description of land in 

14 this Act, the map shall control unless the Secretary 

15 concerned and Resolution Copper mutually agree oth16 erwise. 

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

18 this Act, the Secretary shall file and make available 

19 for public inspection in the Office of the Supervisor, 

20 Tonto National Forest, each map referred to in this 

21 Act. 


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Union Calendar No. 162 

112TH CONGRESS 

1ST SESSION H. R. 1904 

[Report No. 112–246] 

A BILL 

To facilitate the efficient extraction of mineral reeral land, and for other purposes. directing an exchange of Federal and non-Fed- sources in southeast Arizona by authorizing and 

OCTOBER 14, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sroberts on DSK5SPTVN1PROD with BILLS