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(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. 
(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 
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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 
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)). 
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(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, in 
such amounts as are provided in advance in ap-
propriation Acts, to the Secretary for the acqui-
sition of land for addition to the National For-
est 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— 
(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, 
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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 
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 
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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 any 
environmental review document under subsection (j); 
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-
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 Act of 1969 (42 U.S.C. 4321 et seq.) under this Act 
shall be as follows: 
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(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 
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. 
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picted on the map entitled ‘‘Southeast Arizona 
Land Exchange and Conservation Act of 2011– 
Non-Federal Parcel–Dripping Springs’’ and 
dated July 6, 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 ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–Non- 
Federal Parcel–Appleton Ranch’’ and dated 
July 6, 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 NATIONAL CONSERVATION 
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 
National Conservation Area in accordance 
with the laws (including regulations) appli-
cable 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 National Conservation Area 
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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, in such amounts as are provided 
in advance in appropriation Acts, to the Secretary 
and the Secretary of the Interior only for the pur-
poses 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.—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). 
(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, in such amounts as are provided 
in advance in appropriation Acts, to the Secretary for the 
acquisition of land for addition to the National Forest Sys-
tem. 
(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. 
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(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 
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 
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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. 
(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. 
Passed the House of Representatives October 26, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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