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. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) the land exchange furthers public objectives 
referenced in section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) in-
cluding— 
(A) promoting significant job and other 
economic opportunities in a part of the State of 
Arizona that has a long history of mining, but 
is currently experiencing high unemployment 
rates and economic difficulties; 
(B) facilitating the development of a world- 
class domestic copper deposit capable of meet-
ing a significant portion of the annual United 
States demand for this strategic and important 
mineral, in an area which has already been sub-
ject to mining operations; 
(C) significantly enhancing Federal, State, 
and local revenue collections in a time of severe 
governmental budget shortfalls; 
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(D) securing Federal ownership and pro-
tection of land with significant fish and wildlife, 
recreational, scenic, water, riparian, cultural, 
and other public values; 
(E) assisting more efficient Federal land 
management via Federal acquisition of land for 
addition to the Las Cienegas and San Pedro 
Riparian National Conservation Areas, and to 
the Tonto and Coconino National Forests; 
(F) providing opportunity for community 
expansion and economic diversification adjacent 
to the towns of Superior, Miami, and Globe, Ar-
izona; and 
(G) protecting the cultural resources and 
other values of the Apache Leap escarpment lo-
cated near Superior, Arizona; and 
(2) the land exchange is, therefore, in the pub-
lic interest. 
(b) PURPOSE.—It is the purpose of this Act to au-
thorize, direct, facilitate, and expedite the exchange of 
land between Resolution Copper and the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APACHE LEAP.—The term ‘‘Apache Leap’’ 
means the approximately 822 acres of land depicted 
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on the map entitled ‘‘Apache Leap’’ and dated 
March 2011. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 2,422 acres of land located 
in Pinal County, Arizona, depicted on the map enti-
tled ‘‘Southeast Arizona Land Exchange and Con-
servation Act of 2011–Federal Parcel–Oak Flat’’ 
and dated March 2011. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the parcels of land owned by Reso-
lution Copper that are described in section 5(a) and, 
if necessary to equalize the land exchange under sec-
tion 4, section 4(e)(2)(A)(i). 
(5) OAK FLAT CAMPGROUND.—The term ‘‘Oak 
Flat Campground’’ means the approximately 50 
acres of land comprising approximately 16 developed 
campsites depicted on the map entitled ‘‘Oak Flat 
Campground’’ and dated March 2011. 
(6) OAK FLAT WITHDRAWAL AREA.—The term 
‘‘Oak Flat Withdrawal Area’’ means the approxi-
mately 760 acres of land depicted on the map enti-
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tled ‘‘Oak Flat Withdrawal Area’’ and dated March 
2011. 
(7) RESOLUTION COPPER.—The term ‘‘Resolu-
tion Copper’’ means Resolution Copper Mining, 
LLC, a Delaware limited liability company, includ-
ing any successor, assign, affiliate, member, or joint 
venturer of Resolution Copper Mining, LLC. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(9) STATE.—The term ‘‘State’’ means the State 
of Arizona. 
(10) TOWN.—The term ‘‘Town’’ means the in-
corporated town of Superior, Arizona. 
SEC. 4. LAND EXCHANGE. 
(a) IN GENERAL.—Subject to the provisions of this 
Act, if Resolution Copper offers to convey to the United 
States all right, title, and interest of Resolution Copper 
in and to the non-Federal land, the Secretary is authorized 
and directed to convey to Resolution Copper, all right, 
title, and interest of the United States in and to the Fed-
eral land. 
(b) CONDITIONS ON ACCEPTANCE.—Title to any non- 
Federal land conveyed by Resolution Copper to the United 
States under this Act shall be in a form that— 
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(1) is acceptable to the Secretary, for land to 
be administered by the Forest Service and the Sec-
retary of the Interior, for land to be administered by 
the Bureau of Land Management; and 
(2) conforms to the title approval standards of 
the Attorney General of the United States applicable 
to land acquisitions by the Federal Government. 
(c) CONSULTATION WITH INDIAN TRIBES.—If not 
undertaken prior to enactment of this Act, within 30 days 
of the date of enactment of this Act, the Secretary shall 
engage in government-to-government consultation with af-
fected Indian tribes concerning issues related to the land 
exchange, in accordance with applicable laws (including 
regulations). 
(d) APPRAISALS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary and 
Resolution Copper shall select an appraiser to con-
duct appraisals of the Federal land and non-Federal 
land. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an appraisal prepared under 
this subsection shall be conducted in accordance 
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with nationally recognized appraisal standards, 
including— 
(i) the Uniform Appraisal Standards 
for Federal Land Acquisitions; and 
(ii) the Uniform Standards of Profes-
sional Appraisal Practice. 
(B) FINAL APPRAISED VALUE.—After the 
final appraised values of the Federal land and 
non-Federal land are determined and approved 
by the Secretary, the Secretary shall not be re-
quired to reappraise or update the final ap-
praised value— 
(i) for a period of 3 years beginning 
on the date of the approval by the Sec-
retary of the final appraised value; or 
(ii) at all, in accordance with section 
254.14 of title 36, Code of Federal Regula-
tions (or a successor regulation), after an 
exchange agreement is entered into by Res-
olution Copper and the Secretary. 
(C) IMPROVEMENTS.—Any improvements 
made by Resolution Copper prior to entering 
into an exchange agreement shall not be in-
cluded in the appraised value of the Federal 
land. 
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(D) PUBLIC
REVIEW.—Before consum-
mating the land exchange under this Act, the 
Secretary shall make the appraisals of the land 
to be exchanged (or a summary thereof) avail-
able for public review. 
(3) APPRAISAL INFORMATION.—The appraisal 
prepared under this subsection shall include a de-
tailed income capitalization approach analysis of the 
market value of the Federal land which may be uti-
lized, as appropriate, to determine the value of the 
Federal land, and shall be the basis for calculation 
of any payment under section 6. 
(e) EQUAL VALUE LAND EXCHANGE.— 
(1) IN
GENERAL.—The value of the Federal 
land and non-Federal land to be exchanged under 
this Act shall be equal or shall be equalized in ac-
cordance with this subsection. 
(2) SURPLUS OF FEDERAL LAND VALUE.— 
(A) IN GENERAL.—If the final appraised 
value of the Federal land exceeds the value of 
the 
non-Federal 
land, 
Resolution 
Copper 
shall— 
(i) convey additional non-Federal land 
in the State to the Secretary or the Sec-
retary of the Interior, consistent with the 
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requirements of this Act and subject to the 
approval of the applicable Secretary; 
(ii) make a cash payment to the 
United States; or 
(iii) use a combination of the methods 
described in clauses (i) and (ii), as agreed 
to by Resolution Copper, the Secretary, 
and the Secretary of the Interior. 
(B) AMOUNT
OF
PAYMENT.—The Sec-
retary may accept a payment in excess of 25 
percent of the total value of the land or inter-
ests conveyed, notwithstanding section 206(b) 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716(b)). 
(C) DISPOSITION
AND
USE
OF
PRO-
CEEDS.—Any amounts received by the United 
States under this subparagraph shall be depos-
ited in the fund established under Public Law 
90–171 (commonly known as the ‘‘Sisk Act’’; 
16 U.S.C. 484a) and shall be made available to 
the Secretary for the acquisition of land for ad-
dition to the National Forest System. 
(3) SURPLUS OF NON-FEDERAL LAND.—If the 
final appraised value of the non-Federal land ex-
ceeds the value of the Federal land— 
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(A) the United States shall not make a 
payment to Resolution Copper to equalize the 
value; and 
(B) 
except 
as 
provided 
in 
section 
9(b)(2)(B), the surplus value of the non-Fed-
eral land shall be considered to be a donation 
by Resolution Copper to the United States. 
(f) OAK FLAT WITHDRAWAL AREA.— 
(1) PERMITS.—Subject to the provisions of this 
subsection and notwithstanding any withdrawal of 
the Oak Flat Withdrawal Area from the mining, 
mineral leasing, or public land laws, the Secretary, 
upon enactment of this Act, shall issue to Resolution 
Copper— 
(A) if so requested by Resolution Copper, 
within 30 days of such request, a special use 
permit to carry out mineral exploration activi-
ties under the Oak Flat Withdrawal Area from 
existing drill pads located outside the Area, if 
the activities would not disturb the surface of 
the Area; and 
(B) if so requested by Resolution Copper, 
within 90 days of such request, a special use 
permit to carry out mineral exploration activi-
ties within the Oak Flat Withdrawal Area (but 
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not within the Oak Flat Campground), if the 
activities are conducted from a single explor-
atory drill pad which is located to reasonably 
minimize visual and noise impacts on the 
Campground. 
(2) CONDITIONS.—Any activities undertaken in 
accordance with this subsection shall be subject to 
such reasonable terms and conditions as the Sec-
retary may require. 
(3) TERMINATION.—The authorization for Res-
olution Copper to undertake mineral exploration ac-
tivities under this subsection shall remain in effect 
until the Oak Flat Withdrawal Area land is con-
veyed to Resolution Copper in accordance with this 
Act. 
(g) COSTS.—As a condition of the land exchange 
under this Act, Resolution Copper shall agree to pay, with-
out compensation, all costs that are— 
(1) associated with the land exchange; and 
(2) agreed to by the Secretary. 
(h) USE OF FEDERAL LAND.—The Federal land to 
be conveyed to Resolution Copper under this Act shall be 
available to Resolution Copper for mining and related ac-
tivities subject to and in accordance with applicable Fed-
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eral, State, and local laws pertaining to mining and related 
activities on land in private ownership. 
(i) INTENT OF CONGRESS.—It is the intent of Con-
gress that the land exchange directed by this Act shall 
be consummated not later than one year after the date 
of enactment of this Act. 
(j) 
ENVIRONMENTAL
COMPLIANCE.—Compliance 
with the requirements of the National Environmental Pol-
icy (42 U.S.C. 3421 et seq.) under this Act shall be as 
follows: 
(1) Prior to commencing production in commer-
cial quantities of any valuable mineral from the Fed-
eral land conveyed to Resolution Copper under this 
Act (except for any production from exploration and 
mine development shafts, adits, and tunnels needed 
to determine feasibility and pilot plant testing of 
commercial production or to access the ore body and 
tailing deposition areas), Resolution Copper shall 
submit to the Secretary a proposed mine plan of op-
erations. 
(2) The Secretary shall, within 3 years of such 
submission, complete preparation of an environ-
mental review document in accordance with section 
102(2) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4322(2)) which shall be used as 
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the basis for all decisions under applicable Federal 
laws, rules and regulations regarding any Federal 
actions or authorizations related to the proposed 
mine and mine plan of operations of Resolution Cop-
per, including the construction of associated power, 
water, transportation, processing, tailings, waste 
dump, and other ancillary facilities. 
SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL 
LAND. 
(a) CONVEYANCE.—On receipt of title to the Federal 
land, Resolution Copper shall simultaneously convey— 
(1) to the Secretary, all right, title, and interest 
that the Secretary determines to be acceptable in 
and to— 
(A) the approximately 147 acres of land lo-
cated in Gila County, Arizona, depicted on the 
map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2011–Non-Federal Parcel–Tur-
key Creek’’ and dated March 2011; 
(B) the approximately 148 acres of land 
located in Yavapai County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2011–Non-Federal Parcel– 
Tangle Creek’’ and dated March 2011; 
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(B) the approximately 160 acres of land 
located in Gila and Pinal Counties, Arizona, 
identified as ‘‘Lands to DOI’’ as generally de-
picted on the map entitled ‘‘Dripping Springs’’ 
and dated March 2011; and 
(C) the approximately 940 acres of land lo-
cated in Santa Cruz County, Arizona, identified 
as ‘‘Lands to DOI’’ as generally depicted on the 
map entitled ‘‘Appleton Ranch’’ and dated 
March 2011. 
(b) MANAGEMENT OF ACQUIRED LAND.— 
(1) LAND ACQUIRED BY THE SECRETARY.— 
(A) IN GENERAL.—Land acquired by the 
Secretary under this Act shall— 
(i) become part of the national forest 
in which the land is located; and 
(ii) be administered in accordance 
with the laws applicable to the National 
Forest System. 
(B) BOUNDARY REVISION.—On the acqui-
sition of land by the Secretary under this Act, 
the boundaries of the national forest shall be 
modified to reflect the inclusion of the acquired 
land. 
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(C) LAND
AND
WATER
CONSERVATION 
FUND.—For purposes of section 7 of the Land 
and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601–9), the boundaries of a national 
forest in which land acquired by the Secretary 
is located shall be deemed to be the boundaries 
of that forest as in existence on January 1, 
1965. 
(2) LAND ACQUIRED BY THE SECRETARY OF 
THE INTERIOR.— 
(A) SAN PEDRO RIPARIAN NATIONAL CON-
SERVATION AREA.— 
(i) IN GENERAL.—The land acquired 
by the Secretary of the Interior under sub-
section (a)(2)(A) shall be added to, and 
administered as part of, the San Pedro Ri-
parian National Conservation Area in ac-
cordance with the laws (including regula-
tions) applicable to the Conservation Area. 
(ii) MANAGEMENT
PLAN.—Not later 
than 2 years after the date on which the 
land is acquired, the Secretary of the Inte-
rior shall update the management plan for 
the San Pedro Riparian National Con-
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servation Area to reflect the management 
requirements of the acquired land. 
(B) DRIPPING
SPRINGS.—Land acquired 
by the Secretary of the Interior under sub-
section (a)(2)(B) shall be managed in accord-
ance with the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.) 
and applicable land use plans. 
(C) LAS CIENEGAS NATIONAL CONSERVA-
TION AREA.—Land acquired by the Secretary of 
the Interior under subsection (a)(2)(C) shall be 
added to, and administered as part of, the Las 
Cienegas National Conservation Area in accord-
ance with the laws (including regulations) appli-
cable to the Conservation Area. 
(c) SURRENDER OF RIGHTS.—In addition to the con-
veyance of the non-Federal land to the United States 
under this Act, and as a condition of the land exchange, 
Resolution Copper shall surrender to the United States, 
without compensation, the rights held by Resolution Cop-
per under the mining laws and other laws of the United 
States to commercially extract minerals under Apache 
Leap. 
SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. 
(a) ANNUAL PRODUCTION REPORTING.— 
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(1) REPORT REQUIRED.—As a condition of the 
land exchange under this Act, Resolution Copper 
shall submit to the Secretary of the Interior an an-
nual report indicating the quantity of locatable min-
erals produced during the preceding calendar year in 
commercial quantities from the Federal land con-
veyed to Resolution Copper under section 4. The 
first report is required to be submitted not later 
than February 15 of the first calendar year begin-
ning after the date of commencement of production 
of valuable locatable minerals in commercial quan-
tities from such Federal land. The reports shall be 
submitted February 15 of each calendar year there-
after. 
(2) SHARING REPORTS WITH STATE.—The Sec-
retary shall make each report received under para-
graph (1) available to the State. 
(3) REPORT
CONTENTS.—The reports under 
paragraph (1) shall comply with any recordkeeping 
and reporting requirements prescribed by the Sec-
retary or required by applicable Federal laws in ef-
fect at the time of production. 
(b) PAYMENT ON PRODUCTION.—If the cumulative 
production of valuable locatable minerals produced in com-
mercial quantities from the Federal land conveyed to Res-
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olution Copper under section 4 exceeds the quantity of 
production of locatable minerals from the Federal land 
used in the income capitalization approach analysis pre-
pared under section 4(d)(3), Resolution Copper shall pay 
to the United States, by not later than March 15 of each 
applicable calendar year, a value adjustment payment for 
the quantity of excess production at the same rate as-
sumed for the income capitalization approach analysis pre-
pared under section 4(d)(3). 
(c) STATE LAW UNAFFECTED.—Nothing in this sec-
tion modifies, expands, diminishes, amends, or otherwise 
affects any State law relating to the imposition, applica-
tion, timing, or collection of a State excise or severance 
tax. 
(d) USE OF FUNDS.— 
(1) SEPARATE FUND.—All funds paid to the 
United States under this section shall be deposited 
in a special fund established in the Treasury and 
shall be available to the Secretary and the Secretary 
of the Interior only for the purposes authorized by 
paragraph (2). 
(2) AUTHORIZED USE.—Amounts in the special 
fund established pursuant to paragraph (1) shall be 
used for maintenance, repair, and rehabilitation 
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projects for Forest Service and Bureau of Land 
Management assets. 
SEC. 7. WITHDRAWAL. 
Subject to valid existing rights, Apache Leap and any 
land acquired by the United States under this Act are 
withdrawn from all forms of— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under the mineral leasing, min-
eral materials, and geothermal leasing laws. 
SEC. 8. APACHE LEAP. 
(a) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
Apache Leap to preserve the natural character of 
Apache Leap and to protect archeological and cul-
tural resources located on Apache Leap. 
(2) SPECIAL
USE
PERMITS.—The Secretary 
may issue to Resolution Copper special use permits 
allowing Resolution Copper to carry out under-
ground activities (other than the commercial extrac-
tion of minerals) under the surface of Apache Leap 
that the Secretary determines would not disturb the 
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surface of the land, subject to any terms and condi-
tions that the Secretary may require. 
(3) FENCES; SIGNAGE.—The Secretary may 
allow use of the surface of Apache Leap for installa-
tion of fences, signs, monitoring devices, or other 
measures necessary to protect the health and safety 
of the public, protect resources located on Apache 
Leap, or to ensure that activities conducted under 
paragraph (2) do not affect the surface of Apache 
Leap. 
(b) PLAN.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary, in 
consultation with affected Indian tribes, the Town, 
Resolution Copper, and other interested members of 
the public, shall prepare a management plan for 
Apache Leap. 
(2) CONSIDERATIONS.—In preparing the plan 
under paragraph (1), the Secretary shall consider 
whether additional measures are necessary to— 
(A) protect the cultural, archaeological, or 
historical resources of Apache Leap, including 
permanent or seasonal closures of all or a por-
tion of Apache Leap; and 
(B) provide access for recreation. 
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(c) MINING ACTIVITIES.—The provisions of this sec-
tion shall not impose additional restrictions on mining ac-
tivities carried out by Resolution Copper adjacent to, or 
outside of, the Apache Leap area beyond those otherwise 
applicable to mining activities on privately owned land 
under Federal, State, and local laws, rules and regula-
tions. 
SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA. 
(a) CONVEYANCES.—On request from the Town and 
subject to the provisions of this section, the Secretary shall 
convey to the Town the following: 
(1) Approximately 30 acres of land as depicted 
on the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–Federal Par-
cel–Fairview Cemetery’’ and dated March 2011. 
(2) The reversionary interest and any reserved 
mineral interest of the United States in the approxi-
mately 265 acres of land located in Pinal County, 
Arizona, as depicted on the map entitled ‘‘Southeast 
Arizona Land Exchange and Conservation Act of 
2011–Federal Reversionary Interest–Superior Air-
port’’ and dated March 2011. 
(3) The approximately 250 acres of land located 
in Pinal County, Arizona, as depicted on the map 
entitled ‘‘Southeast Arizona Land Exchange and 
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Conservation Act of 2011–Federal Parcel–Superior 
Airport Contiguous Parcels’’ and dated March 2011. 
(b) PAYMENT.— 
(1) IN GENERAL.—The Town shall pay to the 
Secretary the market value for each parcel of land 
or interest in land acquired under this section, as 
determined by appraisals conducted in accordance 
with section 4(d). 
(2) REDUCTION.—If the final appraised value 
of the non-Federal land exceeds the value of the 
Federal land under section 4— 
(A) the obligation of the Town to pay the 
United States shall be reduced by an amount 
not to exceed the excess value of the non-Fed-
eral land conveyed to the United States; and 
(B) the value of the donation made by 
Resolution Copper to the United States shall be 
reduced accordingly. 
(c) SISK ACT.—Any payment received by the Sec-
retary from the Town under this section shall be deposited 
in the fund established under Public Law 90–171 (com-
monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 
shall be made available to the Secretary for the acquisition 
of land for addition to the National Forest System. 
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(d) TERMS
AND
CONDITIONS.—The conveyances 
under this section shall be subject to such terms and con-
ditions as the Secretary may require. 
SEC. 10. MISCELLANEOUS PROVISIONS. 
(a) REVOCATION OF ORDERS; WITHDRAWAL.— 
(1) REVOCATION OF ORDERS.—Any public land 
order that withdraws the Federal land from appro-
priation or disposal under a public land law shall be 
revoked to the extent necessary to permit disposal of 
the land. 
(2) WITHDRAWAL.—On the date of enactment 
of this Act, if the Federal land or any Federal inter-
est in the non-Federal land to be exchanged under 
section 4 is not withdrawn or segregated from entry 
and appropriation under a public land law (including 
mining and mineral leasing laws and the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the 
land or interest shall be withdrawn, without further 
action required by the Secretary concerned, from 
entry and appropriation. The withdrawal shall be 
terminated— 
(A) on the date of consummation of the 
land exchange; or 
(B) if Resolution Copper notifies the Sec-
retary in writing that it has elected to withdraw 
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from the land exchange pursuant to section 
206(d) of the Federal Land Policy and Manage-
ment Act of 1976, as amended (43 U.S.C. 
1716(d)). 
(3) RIGHTS OF RESOLUTION COPPER.—Nothing 
in this Act shall interfere with, limit, or otherwise 
impair, the unpatented mining claims or rights cur-
rently held by Resolution Copper on the Federal 
land, nor in any way change, diminish, qualify, or 
otherwise impact Resolution Copper’s rights and 
ability to conduct activities on the Federal land 
under such unpatented mining claims and the gen-
eral mining laws of the United States, including the 
permitting or authorization of such activities. 
(b) MAPS, ESTIMATES, AND DESCRIPTIONS.— 
(1) MINOR ERRORS.—The Secretary concerned 
and Resolution Copper may correct, by mutual 
agreement, any minor errors in any map, acreage es-
timate, or description of any land conveyed or ex-
changed under this Act. 
(2) CONFLICT.—If there is a conflict between a 
map, an acreage estimate, or a description of land 
in this Act, the map shall control unless the Sec-
retary concerned and Resolution Copper mutually 
agree otherwise. 
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(3) AVAILABILITY.—On the date of enactment 
of this Act, the Secretary shall file and make avail-
able for public inspection in the Office of the Super-
visor, Tonto National Forest, each map referred to 
in this Act. 
Æ 
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