II 

113TH CONGRESS 

1ST SESSION S. 339 

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 SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on Energy and 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 2013’’. 

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

8 this Act is as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 339 IS

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; 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 339 IS

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 National Conservation Areas, and to the Tonto 

9 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 807 acres of land depicted 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 339 IS

1 on the map entitled ‘‘Southeast Arizona Land Ex2 change and Conservation Act of 2011–Apache Leap’’ 

3 and dated March 2011. 

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

5 means the approximately 2,422 acres of land located 

6 in Pinal County, Arizona, depicted on the map enti7 tled ‘‘Southeast Arizona Land Exchange and Con8 servation Act of 2011–Federal Parcel–Oak Flat’’ 

9 and dated March 2011. 

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

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

12 Indian Self-Determination and Education Assistance 

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

14 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed15 eral land’’ means the parcels of land owned by Reso16 lution Copper that are described in section 5(a) and, 

17 if necessary to equalize the land exchange under sec18 tion 4, section 4(e)(2)(A)(i). 

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

20 Flat Campground’’ means the approximately 50 

21 acres of land comprising approximately 16 developed 

22 campsites depicted on the map entitled ‘‘Southeast 

23 Arizona Land Exchange and Conservation Act of 

24 2011–Oak Flat Campground’’ and dated March 

25 2011. 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 339 IS

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

2 ‘‘Oak Flat Withdrawal Area’’ means the approxi3 mately 760 acres of land depicted on the map enti4 tled ‘‘Southeast Arizona Land Exchange and Con5 servation Act of 2011–Oak Flat Withdrawal Area’’ 

6 and dated March 2011. 

7 (7) RESOLUTION COPPER.—The term ‘‘Resolu8 tion Copper’’ means Resolution Copper Mining, 

9 LLC, a Delaware limited liability company, includ10 ing any successor, assign, affiliate, member, or joint 

11 venturer of Resolution Copper Mining, LLC. 

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

13 the Secretary of Agriculture. 

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

15 of Arizona. 

16 (10) TOWN.—The term ‘‘Town’’ means the in17 corporated town of Superior, Arizona. 

18 SEC. 4. LAND EXCHANGE. 

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

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

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

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

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

24 title, and interest of the United States in and to the Fed25 eral land. 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 339 IS

1 (b) CONDITIONS ON ACCEPTANCE.—Title to any non2 Federal land conveyed by Resolution Copper to the United 

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

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

5 be administered by the Forest Service and the Sec6 retary of the Interior, for land to be administered by 

7 the Bureau of Land Management; and 

8 (2) conforms to the title approval standards of 

9 the Attorney General of the United States applicable 

10 to land acquisitions by the Federal Government. 

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

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

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

14 engage in government-to-government consultation with af15 fected Indian tribes concerning issues related to the land 

16 exchange, in accordance with applicable laws (including 

17 regulations). 

18 (d) APPRAISALS.— 

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

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

21 Resolution Copper shall select an appraiser to con22 duct appraisals of the Federal land and non-Federal 

23 land in compliance with the requirements of section 

24 254.9 of title 36, Code of Federal Regulations. 

25 (2) REQUIREMENTS.— 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 339 IS

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

2 subparagraph (B), an appraisal prepared under 

3 this subsection shall be conducted in accordance 

4 with nationally recognized appraisal standards, 

5 including— 

6 (i) the Uniform Appraisal Standards 

7 for Federal Land Acquisitions; and 

8 (ii) the Uniform Standards of Profes9 sional Appraisal Practice. 

10 (B) FINAL APPRAISED VALUE.—After the 

11 final appraised values of the Federal land and 

12 non-Federal land are determined and approved 

13 by the Secretary, the Secretary shall not be re14 quired to reappraise or update the final ap15 praised value— 

16 (i) for a period of 3 years beginning 

17 on the date of the approval by the Sec18 retary of the final appraised value; or 

19 (ii) at all, in accordance with section 

20 254.14 of title 36, Code of Federal Regula21 tions (or a successor regulation), after an 

22 exchange agreement is entered into by Res23 olution Copper and the Secretary. 

24 (C) IMPROVEMENTS.—Any improvements 

25 made by Resolution Copper prior to entering 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 339 IS

1 into an exchange agreement shall not be in2 cluded in the appraised value of the Federal 

3 land. 

4 (D) PUBLIC REVIEW.—Before consum5 mating the land exchange under this Act, the 

6 Secretary shall make the appraisals of the land 

7 to be exchanged (or a summary thereof) avail8 able for public review. 

9 (3) APPRAISAL INFORMATION.—The appraisal 

10 prepared under this subsection shall include a de11 tailed income capitalization approach analysis of the 

12 market value of the Federal land which may be uti13 lized, as appropriate, to determine the value of the 

14 Federal land, and shall be the basis for calculation 

15 of any payment under section 6. 

16 (e) EQUAL VALUE LAND EXCHANGE.— 

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

18 land and non-Federal land to be exchanged under 

19 this Act shall be equal or shall be equalized in ac20 cordance with this subsection. 

21 (2) SURPLUS OF FEDERAL LAND VALUE.— 

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

23 value of the Federal land exceeds the value of 

24 the non-Federal land, Resolution Copper 

25 shall— 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 339 IS

1 (i) convey additional non-Federal land 

2 in the State to the Secretary or the Sec3 retary of the Interior, consistent with the 

4 requirements of this Act and subject to the 

5 approval of the applicable Secretary; 

6 (ii) make a cash payment to the 

7 United States; or 

8 (iii) use a combination of the methods 

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

10 to by Resolution Copper, the Secretary, 

11 and the Secretary of the Interior. 

12 (B) AMOUNT OF PAYMENT.—The Sec13 retary may accept a payment in excess of 25 

14 percent of the total value of the land or inter15 ests conveyed, notwithstanding section 206(b) 

16 of the Federal Land Policy and Management 

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

18 (C) DISPOSITION AND USE OF PRO19 CEEDS.—Any amounts received by the United 

20 States under this subparagraph shall be depos21 ited in the fund established under Public Law 

22 90–171 (commonly known as the ‘‘Sisk Act’’; 

23 16 U.S.C. 484a) and shall be made available, in 

24 such amounts as are provided in advance in ap25 propriation Acts, to the Secretary for the acquiVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 339 IS

1 sition of land for addition to the National For2 est System. 

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

4 final appraised value of the non-Federal land ex5 ceeds the value of the Federal land— 

6 (A) the United States shall not make a 

7 payment to Resolution Copper to equalize the 

8 value; and 

9 (B) except as provided in section 

10 9(b)(2)(B), the surplus value of the non-Fed11 eral land shall be considered to be a donation 

12 by Resolution Copper to the United States. 

13 (f) OAK FLAT WITHDRAWAL AREA.— 

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

15 subsection and notwithstanding any withdrawal of 

16 the Oak Flat Withdrawal Area from the mining, 

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

18 upon enactment of this Act, shall issue to Resolution 

19 Copper— 

20 (A) if so requested by Resolution Copper, 

21 within 30 days of such request, a special use 

22 permit to carry out mineral exploration activi23 ties under the Oak Flat Withdrawal Area from 

24 existing drill pads located outside the Area, if 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 339 IS

1 the activities would not disturb the surface of 

2 the Area; and 

3 (B) if so requested by Resolution Copper, 

4 within 90 days of such request, a special use 

5 permit to carry out mineral exploration activi6 ties within the Oak Flat Withdrawal Area (but 

7 not within the Oak Flat Campground), if the 

8 activities are conducted from a single explor9 atory drill pad which is located to reasonably 

10 minimize visual and noise impacts on the 

11 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 Sec15 retary may require. 

16 (3) TERMINATION.—The authorization for Res17 olution Copper to undertake mineral exploration ac18 tivities under this subsection shall remain in effect 

19 until the Oak Flat Withdrawal Area land is con20 veyed to Resolution Copper in accordance with this 

21 Act. 

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

23 under this Act, Resolution Copper shall agree to pay, with24 out compensation, all costs that are— 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•S 339 IS

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 

6 be conveyed to Resolution Copper under this Act shall be 

7 available to Resolution Copper for mining and related ac8 tivities subject to and in accordance with applicable Fed9 eral, State, and local laws pertaining to mining and related 

10 activities on land in private ownership. 

11 (i) INTENT OF CONGRESS.—It is the intent of Con12 gress that the land exchange directed by this Act shall 

13 be consummated not later than one year after the date 

14 of enactment of this Act. 

15 (j) ENVIRONMENTAL COMPLIANCE.—Compliance 

16 with the requirements of the National Environmental Pol17 icy Act of 1969 (42 U.S.C. 4321 et seq.) under this Act 

18 shall be 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 

24 to determine feasibility and pilot plant testing of 

25 commercial production or to access the ore body and 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•S 339 IS

1 tailing deposition areas), Resolution Copper shall 

2 submit to the Secretary a proposed mine plan of op3 erations. 

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

5 submission, complete preparation of an environ6 mental review document in accordance with section 

7 102(2) of the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4322(2)) which shall be used as 

9 the basis for all decisions under applicable Federal 

10 laws, rules and regulations regarding any Federal 

11 actions or authorizations related to the proposed 

12 mine and mine plan of operations of Resolution Cop13 per, including the construction of associated power, 

14 water, transportation, processing, tailings, waste 

15 dump, and other ancillary facilities. 

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

17 LAND. 

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

19 land, Resolution Copper shall simultaneously convey— 

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

21 that the Secretary determines to be acceptable in 

22 and to— 

23 (A) the approximately 147 acres of land lo24 cated in Gila County, Arizona, depicted on the 

25 map entitled ‘‘Southeast Arizona Land ExVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
14 

•S 339 IS

1 change and Conservation Act of 2011–Non2 Federal Parcel–Turkey Creek’’ and dated 

3 March 2011; 

4 (B) the approximately 148 acres of land 

5 located in Yavapai County, Arizona, depicted on 

6 the map entitled ‘‘Southeast Arizona Land Ex7 change and Conservation Act of 2011–Non8 Federal Parcel–Tangle Creek’’ and dated 

9 March 2011; 

10 (C) the approximately 149 acres of land lo11 cated in Maricopa County, Arizona, depicted on 

12 the map entitled ‘‘Southeast Arizona Land Ex13 change and Conservation Act of 2011–Non14 Federal Parcel–Cave Creek’’ and dated March 

15 2011; 

16 (D) the approximately 640 acres of land 

17 located in Coconino County, Arizona, depicted 

18 on the map entitled ‘‘Southeast Arizona Land 

19 Exchange and Conservation Act of 2011–Non20 Federal Parcel–East Clear Creek’’ and dated 

21 March 2011; and 

22 (E) the approximately 110 acres of land 

23 located in Pinal County, Arizona, depicted on 

24 the map entitled ‘‘Southeast Arizona Land Ex25 change and Conservation Act of 2011–NonVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
15 

•S 339 IS

1 Federal Parcel–Apache Leap South End’’ and 

2 dated March 2011; and 

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

4 title, and interest that the Secretary of the Interior 

5 determines to be acceptable in and to— 

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

7 located in Pinal County, Arizona, identified as 

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

9 map entitled ‘‘Southeast Arizona Land Ex10 change and Conservation Act of 2011–Non11 Federal Parcel–Lower San Pedro River’’ and 

12 dated July 6, 2011; 

13 (B) the approximately 160 acres of land 

14 located in Gila and Pinal Counties, Arizona, 

15 identified as ‘‘Lands to DOI’’ as generally de16 picted on the map entitled ‘‘Southeast Arizona 

17 Land Exchange and Conservation Act of 2011– 

18 Non-Federal Parcel–Dripping Springs’’ and 

19 dated July 6, 2011; and 

20 (C) the approximately 940 acres of land lo21 cated in Santa Cruz County, Arizona, identified 

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

23 map entitled ‘‘Southeast Arizona Land Ex24 change and Conservation Act of 2011–NonVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
16 

•S 339 IS

1 Federal Parcel–Appleton Ranch’’ and dated 

2 July 6, 2011. 

3 (b) MANAGEMENT OF ACQUIRED LAND.— 

4 (1) LAND ACQUIRED BY THE SECRETARY.— 

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

6 Secretary under this Act shall— 

7 (i) become part of the national forest 

8 in which the land is located; and 

9 (ii) be administered in accordance 

10 with the laws applicable to the National 

11 Forest System. 

12 (B) BOUNDARY REVISION.—On the acqui13 sition of land by the Secretary under this Act, 

14 the boundaries of the national forest shall be 

15 modified to reflect the inclusion of the acquired 

16 land. 

17 (C) LAND AND WATER CONSERVATION

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

19 and Water Conservation Fund Act of 1965 (16 

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

21 forest in which land acquired by the Secretary 

22 is located shall be deemed to be the boundaries 

23 of that forest as in existence on January 1, 

24 1965. 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•S 339 IS

1 (2) LAND ACQUIRED BY THE SECRETARY OF

2 THE INTERIOR.— 

3 (A) SAN PEDRO NATIONAL CONSERVATION

4 AREA.— 

5 (i) IN GENERAL.—The land acquired 

6 by the Secretary of the Interior under sub7 section (a)(2)(A) shall be added to, and 

8 administered as part of, the San Pedro 

9 National Conservation Area in accordance 

10 with the laws (including regulations) appli11 cable to the Conservation Area. 

12 (ii) MANAGEMENT PLAN.—Not later 

13 than 2 years after the date on which the 

14 land is acquired, the Secretary of the Inte15 rior shall update the management plan for 

16 the San Pedro National Conservation Area 

17 to reflect the management requirements of 

18 the acquired land. 

19 (B) DRIPPING SPRINGS.—Land acquired 

20 by the Secretary of the Interior under sub21 section (a)(2)(B) shall be managed in accord22 ance with the Federal Land Policy and Man23 agement Act of 1976 (43 U.S.C. 1701 et seq.) 

24 and applicable land use plans. 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•S 339 IS

1 (C) LAS CIENEGAS NATIONAL CONSERVA2 TION AREA.—Land acquired by the Secretary of 

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

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

5 Cienegas National Conservation Area in accord6 ance with the laws (including regulations) appli7 cable to the Conservation Area. 

8 (c) SURRENDER OF RIGHTS.—In addition to the con9 veyance of the non-Federal land to the United States 

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

11 Resolution Copper shall surrender to the United States, 

12 without compensation, the rights held by Resolution Cop13 per under the mining laws and other laws of the United 

14 States to commercially extract minerals under Apache 

15 Leap. 

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

17 (a) ANNUAL PRODUCTION REPORTING.— 

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

19 land exchange under this Act, Resolution Copper 

20 shall submit to the Secretary of the Interior an an21 nual report indicating the quantity of locatable min22 erals produced during the preceding calendar year in 

23 commercial quantities from the Federal land con24 veyed to Resolution Copper under section 4. The 

25 first report is required to be submitted not later 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•S 339 IS

1 than February 15 of the first calendar year begin2 ning after the date of commencement of production 

3 of valuable locatable minerals in commercial quan4 tities from such Federal land. The reports shall be 

5 submitted February 15 of each calendar year there6 after. 

7 (2) SHARING REPORTS WITH STATE.—The Sec8 retary shall make each report received under para9 graph (1) available to the State. 

10 (3) REPORT CONTENTS.—The reports under 

11 paragraph (1) shall comply with any recordkeeping 

12 and reporting requirements prescribed by the Sec13 retary or required by applicable Federal laws in ef14 fect at the time of production. 

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

16 production of valuable locatable minerals produced in com17 mercial quantities from the Federal land conveyed to Res18 olution Copper under section 4 exceeds the quantity of 

19 production of locatable minerals from the Federal land 

20 used in the income capitalization approach analysis pre21 pared under section 4(d)(3), Resolution Copper shall pay 

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

23 applicable calendar year, a value adjustment payment for 

24 the quantity of excess production at the same rate asVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
20 

•S 339 IS

1 sumed for the income capitalization approach analysis pre2 pared under section 4(d)(3). 

3 (c) STATE LAW UNAFFECTED.—Nothing in this sec4 tion modifies, expands, diminishes, amends, or otherwise 

5 affects any State law relating to the imposition, applica6 tion, timing, or collection of a State excise or severance 

7 tax. 

8 (d) USE OF FUNDS.— 

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

10 United States under this section shall be deposited 

11 in a special fund established in the Treasury and 

12 shall be available, in such amounts as are provided 

13 in advance in appropriation Acts, to the Secretary 

14 and the Secretary of the Interior only for the pur15 poses authorized by paragraph (2). 

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

17 fund established pursuant to paragraph (1) shall be 

18 used for maintenance, repair, and rehabilitation 

19 projects for Forest Service and Bureau of Land 

20 Management assets. 

21 SEC. 7. WITHDRAWAL. 

22 Subject to valid existing rights, Apache Leap and any 

23 land acquired by the United States under this Act are 

24 withdrawn from all forms of— 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•S 339 IS

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

2 public land laws; 

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

4 laws; and 

5 (3) disposition under the mineral leasing, min6 eral materials, and geothermal leasing laws. 

7 SEC. 8. APACHE LEAP. 

8 (a) MANAGEMENT.— 

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

10 Apache Leap to preserve the natural character of 

11 Apache Leap and to protect archeological and cul12 tural resources located on Apache Leap. 

13 (2) SPECIAL USE PERMITS.—The Secretary 

14 may issue to Resolution Copper special use permits 

15 allowing Resolution Copper to carry out under16 ground activities (other than the commercial extrac17 tion of minerals) under the surface of Apache Leap 

18 that the Secretary determines would not disturb the 

19 surface of the land, subject to any terms and condi20 tions that the Secretary may require. 

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

22 allow use of the surface of Apache Leap for installa23 tion of fences, signs, monitoring devices, or other 

24 measures necessary to protect the health and safety 

25 of the public, protect resources located on Apache 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•S 339 IS

1 Leap, or to ensure that activities conducted under 

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

3 Leap. 

4 (b) PLAN.— 

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

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

7 consultation with affected Indian tribes, the Town, 

8 Resolution Copper, and other interested members of 

9 the public, shall prepare a management plan for 

10 Apache Leap. 

11 (2) CONSIDERATIONS.—In preparing the plan 

12 under paragraph (1), the Secretary shall consider 

13 whether additional measures are necessary to— 

14 (A) protect the cultural, archaeological, or 

15 historical resources of Apache Leap, including 

16 permanent or seasonal closures of all or a por17 tion of Apache Leap; and 

18 (B) provide access for recreation. 

19 (c) MINING ACTIVITIES.—The provisions of this sec20 tion shall not impose additional restrictions on mining ac21 tivities carried out by Resolution Copper adjacent to, or 

22 outside of, the Apache Leap area beyond those otherwise 

23 applicable to mining activities on privately owned land 

24 under Federal, State, and local laws, rules and regula25 tions. 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•S 339 IS

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

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

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

4 convey to the Town the following: 

5 (1) Approximately 30 acres of land as depicted 

6 on the map entitled ‘‘Southeast Arizona Land Ex7 change and Conservation Act of 2011–Federal Par8 cel–Fairview Cemetery’’ and dated March 2011. 

9 (2) The reversionary interest and any reserved 

10 mineral interest of the United States in the approxi11 mately 265 acres of land located in Pinal County, 

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

13 Arizona Land Exchange and Conservation Act of 

14 2011–Federal Reversionary Interest–Superior Air15 port’’ and dated March 2011. 

16 (3) The approximately 250 acres of land located 

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

18 entitled ‘‘Southeast Arizona Land Exchange and 

19 Conservation Act of 2011–Federal Parcel–Superior 

20 Airport Contiguous Parcels’’ and dated March 2011. 

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

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

23 acquired under this section, as determined by appraisals 

24 conducted in accordance with section 4(d). 

25 (c) SISK ACT.—Any payment received by the Sec26 retary from the Town under this section shall be deposited 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•S 339 IS

1 in the fund established under Public Law 90–171 (com2 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 

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

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

5 acquisition of land for addition to the National Forest Sys6 tem. 

7 (d) TERMS AND CONDITIONS.—The conveyances 

8 under this section shall be subject to such terms and con9 ditions as the Secretary may require. 

10 SEC. 10. MISCELLANEOUS PROVISIONS. 

11 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

13 order that withdraws the Federal land from appro14 priation or disposal under a public land law shall be 

15 revoked to the extent necessary to permit disposal of 

16 the land. 

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

18 of this Act, if the Federal land or any Federal inter19 est in the non-Federal land to be exchanged under 

20 section 4 is not withdrawn or segregated from entry 

21 and appropriation under a public land law (including 

22 mining and mineral leasing laws and the Geothermal 

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

24 land or interest shall be withdrawn, without further 

25 action required by the Secretary concerned, from 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•S 339 IS

1 entry and appropriation. The withdrawal shall be 

2 terminated— 

3 (A) on the date of consummation of the 

4 land exchange; or 

5 (B) if Resolution Copper notifies the Sec6 retary in writing that it has elected to withdraw 

7 from the land exchange pursuant to section 

8 206(d) of the Federal Land Policy and Manage9 ment Act of 1976, as amended (43 U.S.C. 

10 1716(d)). 

11 (3) RIGHTS OF RESOLUTION COPPER.—Nothing 

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

13 impair, the unpatented mining claims or rights cur14 rently held by Resolution Copper on the Federal 

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

16 otherwise impact Resolution Copper’s rights and 

17 ability to conduct activities on the Federal land 

18 under such unpatented mining claims and the gen19 eral mining laws of the United States, including the 

20 permitting or authorization of such activities. 

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

22 (1) MINOR ERRORS.—The Secretary concerned 

23 and Resolution Copper may correct, by mutual 

24 agreement, any minor errors in any map, acreage esVerDate Mar 15 2010 04:07 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S339.IS S339

smartinez on DSK6TPTVN1PROD with BILLS
26 

•S 339 IS

1 timate, 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 

5 in this Act, the map shall control unless the Sec6 retary concerned and Resolution Copper mutually 

7 agree otherwise. 

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

9 of this Act, the Secretary shall file and make avail10 able for public inspection in the Office of the Super11 visor, Tonto National Forest, each map referred to 

12 in this Act. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS