IB 

Union Calendar No. 121 

113TH CONGRESS 

1ST SESSION H. R. 687 

[Report No. 113–167] 

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 

FEBRUARY 14, 2013 

Mr. GOSAR (for himself, Mrs. KIRKPATRICK, Mr. SALMON, Mr. SCHWEIKERT, 

and Mr. FRANKS of Arizona) introduced the following bill; which was referred to the Committee on Natural Resources 

JULY 22, 2013 

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 February 14, 2013] 


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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 2013’’. 

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. 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; 

20 (B) facilitating the development of a world21 class domestic copper deposit capable of meeting 


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1 a significant portion of the annual United States 

2 demand for this strategic and important min3 eral, in an area which has already been subject 

4 to mining operations; 

5 (C) significantly enhancing Federal, State, 

6 and local revenue collections in a time of severe 

7 governmental budget shortfalls; 

8 (D) securing Federal ownership and protec9 tion of land with significant fish and wildlife, 

10 recreational, scenic, water, riparian, cultural, 

11 and other public values; 

12 (E) assisting more efficient Federal land 

13 management via Federal acquisition of land for 

14 addition to the Las Cienegas and San Pedro Na15 tional Conservation Areas, and to the Tonto and 

16 Coconino National Forests; 

17 (F) providing opportunity for community 

18 expansion and economic diversification adjacent 

19 to the towns of Superior, Miami, and Globe, Ari20 zona; and 

21 (G) protecting the cultural resources and 

22 other values of the Apache Leap escarpment lo23 cated near Superior, Arizona; and 

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

25 interest. 


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1 (b) PURPOSE.—It is the purpose of this Act to author2 ize, direct, facilitate, and expedite the exchange of land be3 tween 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 2013–Apache Leap’’ 

10 and dated February 2013. 

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 2013–Federal Parcel–Oak Flat’’ and 

16 dated February 2013. 

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

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

19 Self-Determination and Education Assistance Act (25 

20 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 acres 

3 of land comprising approximately 16 developed 

4 campsites depicted on the map entitled ‘‘Southeast 

5 Arizona Land Exchange and Conservation Act of 

6 2013–Oak Flat Campground’’ and dated February 

7 2013. 

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 entitled 

11 ‘‘Southeast Arizona Land Exchange and Conservation 

12 Act of 2013–Oak Flat Withdrawal Area’’ and dated 

13 February 2013. 

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

16 a Delaware limited liability company, including any 

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

18 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 incor24 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, in such 

2 amounts as are provided in advance in appro3 priation Acts, to the Secretary for the acquisi4 tion of land for addition to the National Forest 

5 System. 

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

7 final appraised value of the non-Federal land exceeds 

8 the value of the Federal land— 

9 (A) the United States shall not make a pay10 ment to Resolution Copper to equalize the value; 

11 and 

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

13 land shall be considered to be a donation by Res14 olution Copper to the United States. 

15 (f) OAK FLAT WITHDRAWAL AREA.— 

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

17 subsection and notwithstanding any withdrawal of 

18 the Oak Flat Withdrawal Area from the mining, min19 eral leasing, or public land laws, the Secretary, upon 

20 enactment of this Act, shall issue to Resolution Cop21 per— 

22 (A) if so requested by Resolution Copper, 

23 within 30 days of such request, a special use per24 mit to carry out mineral exploration activities 

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1 ing drill pads located outside the Area, if the ac2 tivities would not disturb the surface of the Area; 

3 and 

4 (B) if so requested by Resolution Copper, 

5 within 90 days of such request, a special use per6 mit to carry out mineral exploration activities 

7 within the Oak Flat Withdrawal Area (but not 

8 within the Oak Flat Campground), if the activi9 ties are conducted from a single exploratory drill 

10 pad which is located to reasonably minimize vis11 ual and noise impacts on the Campground. 

12 (2) CONDITIONS.—Any activities undertaken in 

13 accordance with this subsection shall be subject to 

14 such reasonable terms and conditions as the Secretary 

15 may require. 

16 (3) TERMINATION.—The authorization for Reso17 lution Copper to undertake mineral exploration ac18 tivities under this subsection shall remain in effect 

19 until the Oak Flat Withdrawal Area land is conveyed 

20 to Resolution Copper in accordance with this Act. 

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

22 this Act, Resolution Copper shall agree to pay, without com23 pensation, all costs that are— 


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1 (1) associated with the land exchange and any 

2 environmental review document under subsection (j); 

3 and 

4 (2) agreed to by the Secretary. 

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

6 conveyed to Resolution Copper under this Act shall be avail7 able to Resolution Copper for mining and related activities 

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

9 and local laws pertaining to mining and related activities 

10 on land in private ownership. 

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

12 that the land exchange directed by this Act shall be con13 summated not later than one year after the date of enact14 ment of this Act. 

15 (j) ENVIRONMENTAL COMPLIANCE.—Compliance with 

16 the requirements of the National Environmental Policy Act 

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

18 as follows: 

19 (1) Prior to commencing production in commer20 cial quantities of any valuable mineral from the Fed21 eral land conveyed to Resolution Copper under this 

22 Act (except for any production from exploration and 

23 mine development shafts, adits, and tunnels needed to 

24 determine feasibility and pilot plant testing of com25 mercial production or to access the ore body and tailVerDate Mar 15 2010 01:12 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H687.RH H687

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1 ing deposition areas), Resolution Copper shall submit 

2 to the Secretary a proposed mine plan of operations. 

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

4 submission, complete preparation of an environ5 mental review document in accordance with section 

6 102(2) of the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4322(2)) which shall be used as the 

8 basis for all decisions under applicable Federal laws, 

9 rules and regulations regarding any Federal actions 

10 or authorizations related to the proposed mine and 

11 mine plan of operations of Resolution Copper, includ12 ing the construction of associated power, water, trans13 portation, processing, tailings, waste dump, and other 

14 ancillary facilities. 

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

16 LAND. 

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

18 land, Resolution Copper shall simultaneously convey— 

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

20 that the Secretary determines to be acceptable in and 

21 to— 

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

24 map entitled ‘‘Southeast Arizona Land Exchange 


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1 and Conservation Act of 2013–Non-Federal Par2 cel–Turkey Creek’’ and dated February 2013; 

3 (B) the approximately 148 acres of land lo4 cated in Yavapai County, Arizona, depicted on 

5 the map entitled ‘‘Southeast Arizona Land Ex6 change and Conservation Act of 2013–Non-Fed7 eral Parcel–Tangle Creek’’ and dated February 

8 2013; 

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

11 the map entitled ‘‘Southeast Arizona Land Ex12 change and Conservation Act of 2013–Non-Fed13 eral Parcel–Cave Creek’’ and dated February 

14 2013; 

15 (D) the approximately 640 acres of land lo16 cated in Coconino County, Arizona, depicted on 

17 the map entitled ‘‘Southeast Arizona Land Ex18 change and Conservation Act of 2013–Non-Fed19 eral Parcel–East Clear Creek’’ and dated Feb20 ruary 2013; and 

21 (E) the approximately 110 acres of land lo22 cated in Pinal County, Arizona, depicted on the 

23 map entitled ‘‘Southeast Arizona Land Exchange 

24 and Conservation Act of 2013–Apache Leap 

25 South End’’ and dated February 2013; 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 2013–Non-Federal Par9 cel–Lower San Pedro River’’ and dated Feb10 ruary 2013; 

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 2013–Non16 Federal Parcel–Dripping Springs’’ and dated 

17 February 2013; 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 2013–Non-Federal Par23 cel–Appleton Ranch’’ and dated February 2013. 

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 

24 by the Secretary of the Interior under sub25 section (a)(2)(A) shall be added to, and adVerDate Mar 15 2010 01:12 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H687.RH H687

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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), 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). 

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, in such amounts as are provided in ad2 vance in appropriation Acts, to the Secretary and the 

3 Secretary of the Interior only for the purposes author4 ized by paragraph (2). 

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

6 fund established pursuant to paragraph (1) shall be 

7 used for maintenance, repair, and rehabilitation 

8 projects for Forest Service and Bureau of Land Man9 agement assets. 

10 SEC. 7. WITHDRAWAL. 

11 Subject to valid existing rights, Apache Leap and any 

12 land acquired by the United States under this Act are with13 drawn from all forms of— 

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

15 public land laws; 

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

17 laws; and 

18 (3) disposition under the mineral leasing, min19 eral materials, and geothermal leasing laws. 

20 SEC. 8. APACHE LEAP. 

21 (a) MANAGEMENT.— 

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

23 Apache Leap to preserve the natural character of 

24 Apache Leap and to protect archeological and cul25 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. MISCELLANEOUS PROVISIONS. 

13 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

15 order that withdraws the Federal land from appro16 priation or disposal under a public land law shall be 

17 revoked to the extent necessary to permit disposal of 

18 the land. 

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

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

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

22 4 is not withdrawn or segregated from entry and ap23 propriation under a public land law (including min24 ing and mineral leasing laws and the Geothermal 

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


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1 or interest shall be withdrawn, without further action 

2 required by the Secretary concerned, from entry and 

3 appropriation. The withdrawal shall be terminated— 

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

5 exchange; or 

6 (B) if Resolution Copper notifies the Sec7 retary in writing that it has elected to withdraw 

8 from the land exchange pursuant to section 

9 206(d) of the Federal Land Policy and Manage10 ment Act of 1976, as amended (43 U.S.C. 

11 1716(d)). 

12 (3) RIGHTS OF RESOLUTION COPPER.—Nothing 

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

14 impair, the unpatented mining claims or rights cur15 rently held by Resolution Copper on the Federal land, 

16 nor in any way change, diminish, qualify, or other17 wise impact Resolution Copper’s rights and ability to 

18 conduct activities on the Federal land under such 

19 unpatented mining claims and the general mining 

20 laws of the United States, including the permitting or 

21 authorization of such activities. 

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

23 (1) MINOR ERRORS.—The Secretary concerned 

24 and Resolution Copper may correct, by mutual agree25 ment, any minor errors in any map, acreage estiVerDate Mar 15 2010 01:12 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H687.RH H687

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1 mate, or description of any land conveyed or ex2 changed under this Act. 

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

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

5 this Act, the map shall control unless the Secretary 

6 concerned and Resolution Copper mutually agree oth7 erwise. 

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

9 this Act, the Secretary shall file and make available 

10 for public inspection in the Office of the Supervisor, 

11 Tonto National Forest, each map referred to in this 

12 Act. 


smartinez on DSK6TPTVN1PROD with BILLS
Union Calendar No. 121 

113TH CONGRESS 

1ST SESSION H. R. 687 

[Report No. 113–167] 

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 

JULY 22, 2013 

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


smartinez on DSK6TPTVN1PROD with BILLS