I 

111TH CONGRESS 

2D SESSION H. R. 4880 

To secure Federal ownership and management of significant natural, scenic, 

and recreational resources, to provide for the protection of cultural resources, to facilitate the efficient extraction of mineral resources by 

authorizing and directing an exchange of Federal and non-Federal land, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2010 

Mrs. KIRKPATRICK of Arizona introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To secure Federal ownership and management of significant 

natural, scenic, and recreational resources, to provide 

for the protection of cultural resources, to facilitate the 

efficient extraction of mineral resources 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. 

4 This Act may be cited as the ‘‘Copper Basin Jobs 

5 Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the approximately 822 acres of land depicted 

5 on the map entitled ‘‘Apache Leap’’ and dated Janu6 ary 2009. 

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

8 means the approximately 2,406 acres of land located 

9 in Pinal County, Arizona, depicted on the map enti10 tled ‘‘Southeast Arizona Land Exchange and Con11 servation Act of 2009–Federal Parcel–Oak Flat’’ 

12 and dated January 2009. 

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

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

15 Indian Self-Determination and Education Assistance 

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

17 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the parcels of land owned by Reso19 lution Copper that are described in section 4(a). 

20 (5) OAK FLAT WITHDRAWAL AREA.—The term 

21 ‘‘Oak Flat Withdrawal Area’’ means the approxi22 mately 760 acres of land depicted on the map enti23 tled ‘‘Oak Flat Withdrawal Area’’ and dated Janu24 ary 2009. 

25 (6) RESOLUTION COPPER.—The term ‘‘Resolu26 tion Copper’’ means Resolution Copper Mining, 


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1 LLC, a Delaware limited liability company, includ2 ing any successor, assign, affiliate, member, or joint 

3 venturer of Resolution Copper Mining, LLC. 

4 (7) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Agriculture. 

6 (8) STATE.—The term ‘‘State’’ means the State 

7 of Arizona. 

8 (9) TOWN.—The term ‘‘Town’’ means the town 

9 of Superior, Arizona. 

10 SEC. 3. LAND EXCHANGE. 

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

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

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

14 in and to the non-Federal land, and if the Secretary deter15 mines that the public interest would be well served by 

16 making the exchange, the Secretary shall convey to Reso17 lution Copper, all right, title, and interest of the United 

18 States in and to the Federal land. 

19 (b) COMPLIANCE WITH APPLICABLE LAW.— 

20 (1) IN GENERAL.—Except as otherwise pro21 vided in this Act, the Secretary shall carry out the 

22 land exchange under this section in accordance with 

23 section 206 of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1716) and other appliVerDate Nov 24 2008 04:11 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 cable laws, including the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

3 (2) ENVIRONMENTAL REVIEW DOCUMENT.— 

4 (A) IN GENERAL.—To the maximum ex5 tent practicable under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) and Council on Environmental Quality 

8 regulations, the Secretary, in consultation with 

9 the Secretary of the Interior and other affected 

10 Federal agencies, shall prepare a single environ11 mental review document, which shall be used as 

12 the basis for all decisions under Federal law re13 lated to the land exchange and connected agen14 cy decisions related to the proposed mine on the 

15 Federal land. 

16 (B) EFFECT OF PARAGRAPH.—Nothing in 

17 this paragraph precludes the Secretary from 

18 using separate environmental review documents 

19 prepared in accordance with the National Envi20 ronmental Policy Act of 1969 (42 U.S.C. 4321 

21 et seq.) or other applicable laws for exploration 

22 or other activities not involving— 

23 (i) the land exchange; or 


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1 (ii) the extraction of minerals in com2 mercial quantities by Resolution Copper on 

3 or under the Federal land. 

4 (c) CONDITIONS ON ACCEPTANCE.— 

5 (1) TITLE.—Title to any non-Federal land con6 veyed by Resolution Copper to the United States 

7 under this Act shall be in a form that is acceptable 

8 to— 

9 (A) the Secretary, for land to be adminis10 tered by the Forest Service; and 

11 (B) the Secretary of the Interior, for land 

12 to be administered by the Bureau of Land 

13 Management. 

14 (2) TERMS AND CONDITIONS.—The conveyance 

15 of the Federal land and non-Federal land under this 

16 Act shall be subject to such terms and conditions as 

17 the Secretary and the Secretary of the Interior may 

18 require. 

19 (d) CONSULTATION WITH INDIAN TRIBES.—Prior to 

20 making a public interest determination under subsection 

21 (a), the Secretary shall engage in government-to-govern22 ment consultation with affected Indian tribes concerning 

23 issues related to the exchange, in accordance with applica24 ble laws (including regulations). 

25 (e) 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. 

6 (2) REQUIREMENTS.— 

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

8 subparagraph (B), an appraisal prepared under 

9 paragraph (1) shall be conducted in accordance 

10 with nationally recognized appraisal standards, 

11 including— 

12 (i) the Uniform Appraisal Standards 

13 for Federal Land Acquisitions; and 

14 (ii) the Uniform Standards of Profes15 sional Appraisal Practice. 

16 (B) FINAL APPRAISED VALUE.— 

17 (i) IN GENERAL.—After the final ap18 praised value is determined and approved 

19 by the Secretary, the Secretary shall not 

20 be required to reappraise or update the 

21 final appraised value for a period of 3 

22 years beginning on the date of the ap23 proval by the Secretary of the final ap24 praised value. 


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1 (ii) REAPPRAISAL.—Nothing in this 

2 subparagraph precludes the Secretary, 

3 prior to entering into an exchange agree4 ment with Resolution Copper, from requir5 ing a reappraisal or update of the final ap6 praisal if the Secretary determines that 

7 such reappraisal or update is necessary. 

8 (iii) IMPROVEMENTS.—Any improve9 ments made by Resolution Copper prior to 

10 entering into an exchange agreement shall 

11 not be included in the appraised value of 

12 the Federal land. 

13 (C) PUBLIC REVIEW.—Before imple14 menting the land exchange under this Act, the 

15 Secretary shall make the appraisals of the land 

16 to be exchanged (or a summary thereof) avail17 able for public review. 

18 (3) ADDITIONAL APPRAISAL INFORMATION.— 

19 (A) IN GENERAL.—The appraiser selected 

20 under this subsection shall prepare a detailed 

21 income capitalization approach analysis, in ac22 cordance with the appraisal requirements re23 ferred to in paragraph (2)(A), of the market 

24 value of the Federal land, even if the income 

25 capitalization approach analysis is not the apVerDate Nov 24 2008 04:11 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 praisal approach relied on by the appraiser to 

2 determine the market value of the Federal land. 

3 (B) INCLUSION IN FINAL APPRAISAL RE4 PORT.—The income capitalization approach 

5 analysis under subparagraph (A) shall be in6 cluded in the final appraisal report of the Fed7 eral land. 

8 (f) EQUAL VALUE LAND EXCHANGE.— 

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

10 land and non-Federal land to be exchanged under 

11 this Act shall be equal or shall be equalized in ac12 cordance with this subsection. 

13 (2) SURPLUS OF FEDERAL LAND VALUE.— 

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

15 value of the Federal land exceeds the value of 

16 the non-Federal land, Resolution Copper 

17 shall— 

18 (i) convey additional non-Federal land 

19 in the State to the Secretary or the Sec20 retary of the Interior, consistent with the 

21 requirements of this Act and subject to the 

22 approval of the applicable Secretary; 

23 (ii) make a cash payment to the 

24 United States; or 


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1 (iii) use a combination of the methods 

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

3 to by Resolution Copper, the Secretary, 

4 and the Secretary of the Interior. 

5 (B) AMOUNT OF PAYMENT.—The Sec6 retary may accept a payment in excess of 25 

7 percent of the total value of the land or inter8 ests conveyed, notwithstanding section 206(b) 

9 of the Federal Land Policy and Management 

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

11 (C) DISPOSITION AND USE OF PRO12 CEEDS.—Any amounts received by the United 

13 States under this paragraph shall be deposited 

14 in the fund established under Public Law 90– 

15 171 (commonly known as the ‘‘Sisk Act’’) (16 

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

17 Secretary, without further appropriation, for 

18 the acquisition of land for addition to the Na19 tional Forest System in the State. 

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

21 final appraised value of the non-Federal land ex22 ceeds the value of the Federal land— 

23 (A) the United States shall not make a 

24 payment to Resolution Copper to equalize the 

25 value; and 


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1 (B) except as provided in section 9, the 

2 surplus value of the non-Federal land shall be 

3 considered to be a donation by Resolution Cop4 per to the United States. 

5 (g) OAK FLAT WITHDRAWAL AREA.— 

6 (1) IN GENERAL.—Subject to the provisions of 

7 this subsection and notwithstanding any withdrawal 

8 of the Oak Flat Withdrawal Area from the mining, 

9 mineral leasing, or public land laws, the Secretary 

10 may authorize Resolution Copper to carry out min11 eral exploration activities— 

12 (A) under the Oak Flat Withdrawal Area, 

13 so long as such activities would not disturb the 

14 surface of the area; and 

15 (B) on the Oak Flat Withdrawal Area (but 

16 not within the Oak Flat Campground), so long 

17 as such activities are conducted from a single 

18 exploratory drill pad. 

19 (2) CONDITIONS.—Any activities undertaken in 

20 accordance with this subsection shall be subject to 

21 such terms and conditions as the Secretary may re22 quire. 

23 (3) TERMINATION.—The authorization for Res24 olution Copper to undertake mineral exploration acVerDate Nov 24 2008 04:11 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 tivities under this subsection shall terminate on the 

2 earlier of— 

3 (A) the date the land is conveyed to Reso4 lution Copper in accordance with this Act; or 

5 (B) the date that is 3 years after the date 

6 a special use permit is issued in accordance 

7 with this subsection. 

8 (h) COSTS.—As a condition of the land exchange, 

9 Resolution Copper shall agree to pay, without compensa10 tion, any costs that are— 

11 (1) associated with the land exchange; and 

12 (2) agreed to by the Secretary. 

13 (i) INTENT OF CONGRESS.— 

14 (1) IN GENERAL.—It is the intent of Congress 

15 that the Secretary shall complete any necessary envi16 ronmental reviews and public interest determination 

17 on the land exchange not later than 3 years after 

18 the date Resolution Copper submits a mining plan of 

19 operation to the Secretary. 

20 (2) AGREEMENT.—If the Secretary determines 

21 that the public interest would be well served by mak22 ing the land exchange, it is the intent of Congress 

23 that the Secretary seek to enter into an exchange 

24 agreement not later than 90 days after the date of 

25 the public interest determination. 


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1 SEC. 4. 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 of Agriculture, all right, 

6 title, and interest that the Secretary determines to 

7 be acceptable in 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 Con11 servation Act of 2009–Non-Federal Parcel–Tur12 key Creek’’ and dated January 2009; 

13 (B) the approximately 148 acres of land 

14 located in Yavapai County, Arizona, depicted on 

15 the map entitled ‘‘Southeast Arizona Land Con16 servation Act of 2009–Non-Federal Parcel– 

17 Tangle Creek’’ and dated January 2009; 

18 (C) the approximately 149 acres of land lo19 cated in Maricopa County, Arizona, depicted on 

20 the map entitled ‘‘Southeast Arizona Land Con21 servation Act of 2009–Non-Federal Parcel– 

22 Cave Creek’’ and dated January 2009; 

23 (D) the approximately 640 acres of land 

24 located in Coconino County, Arizona, depicted 

25 on the map entitled ‘‘Southeast Arizona Land 

26 Exchange and Conservation Act of 2009–NonVerDate Nov 24 2008 04:11 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 Federal Parcel–East Clear Creek’’ and dated 

2 January 2009; 

3 (E) the approximately 95 acres of land lo4 cated in Pinal County, Arizona, depicted on the 

5 map entitled ‘‘Southeast Arizona Land Con6 servation Act of 2009–Non-Federal Parcel–The 

7 Pond’’ and dated January 2009; and 

8 (F) the approximately 110 acres of land lo9 cated in Pinal County, Arizona, depicted on the 

10 map entitled ‘‘Southeast Arizona Land Con11 servation Act of 2009–Non-Federal Parcel– 

12 Apache Leap South End’’ and dated January 

13 2009, subject to the retained right of Resolu14 tion Copper to conduct underground activities 

15 that— 

16 (i) the Secretary determines would not 

17 disturb the surface of Apache Leap; and 

18 (ii) do not involve commercial mineral 

19 extraction under Apache Leap; and 

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

21 title, and interest that the Secretary of the Interior 

22 determines to be acceptable in and to— 

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

24 located in Pinal County, Arizona, identified as 

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


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

2 dated June 3, 2009; 

3 (B) the approximately 160 acres of land 

4 located in Gila and Pinal Counties, Arizona, 

5 identified as ‘‘Lands to DOI’’ as generally de6 picted on the map entitled ‘‘Dripping Springs’’ 

7 and dated June 3, 2009; and 

8 (C) the approximately 940 acres of land lo9 cated in Santa Cruz County, Arizona, identified 

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

11 map entitled ‘‘Appleton Ranch’’ and dated June 

12 3, 2009. 

13 (b) MANAGEMENT OF ACQUIRED LAND.— 

14 (1) LAND ACQUIRED BY THE SECRETARY.— 

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

16 Secretary under this Act shall— 

17 (i) become part of the national forest 

18 in which the land is located; and 

19 (ii) be administered in accordance 

20 with the laws applicable to the National 

21 Forest System. 

22 (B) BOUNDARY REVISION.—On acquisition 

23 of land by the Secretary under this Act, the 

24 boundaries of the national forest shall be modi25 fied to reflect the inclusion of the acquired 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. 460l–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 following land 

14 shall be added to, and administered as part 

15 of, the San Pedro Riparian National Con16 servation Area in accordance with the laws 

17 (including regulations) applicable to the 

18 Conservation Area: 

19 (I) The land acquired by the Sec20 retary of the Interior under subsection 

21 (a)(2)(A). 

22 (II) Any land acquired by the 

23 Secretary of the Interior which is ad24 jacent to the San Pedro Riparian Na25 tional Conservation Area. 


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1 (ii) MANAGEMENT PLAN.—Not later 

2 than 2 years after the date on which the 

3 land is acquired, the Secretary of the Inte4 rior shall update the management plan for 

5 the San Pedro Riparian National Con6 servation Area to reflect the management 

7 requirements of the acquired land. 

8 (B) DRIPPING SPRINGS.—Land acquired 

9 by the Secretary of the Interior under sub10 section (a)(2)(B) shall be managed in accord11 ance with the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et seq.) 

13 and applicable land use plans. 

14 (C) LAS CIENEGAS NATIONAL CONSERVA15 TION AREA.—Land acquired by the Secretary of 

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

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

18 Cienegas National Conservation Area in accord19 ance with the laws (including regulations) appli20 cable to the Conservation Area. 

21 (c) SURRENDER OF RIGHTS.—In addition to the con22 veyance of the non-Federal land conveyed to the United 

23 States under this Act, and as a condition of the land ex24 change, Resolution Copper shall surrender to the United 

25 States, without compensation, the rights held by ResoluVerDate Nov 24 2008 04:11 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4880.IH H4880

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1 tion Copper under the mining laws and other laws of the 

2 United States to commercially extract minerals under— 

3 (1) Apache Leap; and 

4 (2) the property described in subsection 

5 (a)(1)(E) (commonly known as ‘‘The Pond’’). 

6 SEC. 5. RECREATIONAL ACCESS AND IMPROVEMENTS. 

7 (a) RECREATIONAL ACCESS AND FACILITIES.— 

8 (1) IN GENERAL.—As a condition of the land 

9 exchange under this Act, Resolution Copper shall 

10 pay to the Secretary $1,250,000, to improve access 

11 and facilities for dispersed recreation and other out12 door recreational activities as provided in paragraph 

13 (2). 

14 (2) USE OF AMOUNTS.—The Secretary shall use 

15 the amount paid in accordance with paragraph (1), 

16 without further appropriation, to construct or im17 prove road access, turnouts, trails, parking areas, or 

18 facilities for dispersed recreation and other outdoor 

19 recreational activities as the Secretary determines to 

20 be appropriate. 

21 (3) PREFERRED LOCATIONS.—To the maximum 

22 extent practicable, the funds made available under 

23 this subsection shall be used by the Secretary on na24 tional forest land— 


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1 (A) in the general area north of Arizona 

2 State Highway 60; or 

3 (B) in the general area along Arizona 

4 State Highway 177. 

5 (b) DETERMINATION OF VALUE.—Amounts paid by 

6 Resolution Copper under this section shall not be consid7 ered in determining the value of the Federal and non-Fed8 eral land under section 3(f). 

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

10 (a) ANNUAL PRODUCTION REPORTING.— 

11 (1) IN GENERAL.—As a condition of the ex12 change, beginning on February 15 of the first cal13 endar year beginning after the date of commence14 ment of production of valuable locatable minerals in 

15 commercial quantities from the Federal land con16 veyed to Resolution Copper under section 3, and an17 nually thereafter, Resolution Copper shall file with 

18 the Secretary of the Interior a report indicating the 

19 quantity of locatable minerals produced in commer20 cial quantities from the Federal land during the pre21 ceding calendar year. 

22 (2) REPORT CONTENTS.—The reports under 

23 paragraph (1) shall comply with any recordkeeping 

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1 retary or required by applicable Federal laws in ef2 fect at the time of production. 

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

4 production of valuable locatable minerals produced in com5 mercial quantities from the Federal land conveyed to Res6 olution Copper under section 3 exceeds the quantity of 

7 production of locatable minerals from the Federal land 

8 used in the income capitalization approach analysis pre9 pared under section 3(e)(3), Resolution Copper shall pay 

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

11 applicable calendar year, a value adjustment payment for 

12 the quantity of excess production at the same rate as13 sumed for the income capitalization approach analysis pre14 pared under section 3(e)(3). 

15 (c) STATE LAW UNAFFECTED.—Nothing in this sec16 tion modifies, expands, diminishes, amends, or otherwise 

17 affects any State law relating to the imposition, applica18 tion, timing, or collection of a State excise or severance 

19 tax. 

20 (d) USE OF FUNDS.—The funds paid to the United 

21 States under this section shall be deposited in the fund 

22 established under Public Law 90–171 (commonly known 

23 as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be made 

24 available to the Secretary, without further appropriation, 


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1 for the acquisition of land for addition to the National 

2 Forest System in the State. 

3 SEC. 7. WITHDRAWAL. 

4 Subject to valid existing rights, Apache Leap and any 

5 land acquired by the United States under this Act is with6 drawn 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, or other measures necessary to 

6 protect the health and safety of the public, protect 

7 resources located on Apache Leap, or to ensure that 

8 activities conducted under paragraph (2) do not af9 fect the surface of Apache Leap. 

10 (b) PLAN.— 

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

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

13 consultation with applicable Indian tribes, the Town, 

14 Resolution Copper, and other interested members of 

15 the public, shall prepare a management plan for 

16 Apache Leap. 

17 (2) CONSIDERATIONS.—In preparing the plan 

18 under paragraph (1), the Secretary shall consider 

19 whether additional measures are necessary to— 

20 (A) protect the cultural, archaeological, or 

21 historical resources of Apache Leap, including 

22 permanent or seasonal closures of all or a por23 tion of Apache Leap; and 

24 (B) provide access for recreation. 


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

2 (a) CONVEYANCES.— 

3 (1) IN GENERAL.—On request from the Town 

4 and subject to the provisions of this section, the Sec5 retary shall convey to the Town the following: 

6 (A) Approximately 30 acres of land as de7 picted on the map entitled ‘‘Southeast Arizona 

8 Land Exchange and Conservation Act of 2009– 

9 Federal Parcel–Fairview Cemetery’’ and dated 

10 January 2009. 

11 (B) The reversionary interest and any re12 served mineral interest of the United States in 

13 the approximately 265 acres of land located in 

14 Pinal County, Arizona, as depicted on the map 

15 entitled ‘‘Southeast Arizona Land Exchange 

16 and Conservation Act of 2009–Federal Rever17 sionary Interest–Superior Airport’’ and dated 

18 January 2009. 

19 (C) The approximately 250 acres of land 

20 located in Pinal County, Arizona, as depicted 

21 on the map entitled ‘‘Southeast Arizona Land 

22 Exchange and Conservation Act of 2009–Fed23 eral Parcel–Superior Airport Contiguous Par24 cels’’ and dated January 2009. 

25 (b) PAYMENT.— 


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

2 Secretary the fair market value for each parcel of 

3 land or interest in land acquired under this section, 

4 as determined by appraisals conducted in accordance 

5 with section 3(e). 

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

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

8 Federal land under section 3— 

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

10 United States shall be reduced by an amount 

11 not to exceed the excess value of the non-Fed12 eral land conveyed to the United States; and 

13 (B) the amount donated by Resolution 

14 Copper to the United States shall be reduced 

15 accordingly. 

16 (c) SISK ACT.—Any payment received by the Sec17 retary from the Town under this section shall be deposited 

18 in the fund established under Public Law 90–171 (com19 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 

20 shall be made available to the Secretary, without further 

21 appropriation, for the acquisition of land for addition to 

22 the National Forest System in the State. 


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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. 

Æ 


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