SEC. 2. DEFINITIONS. 
In this Act: 
(1) APACHE LEAP.—The term ‘‘Apache Leap’’ 
means the approximately 822 acres of land depicted 
on the map entitled ‘‘Apache Leap’’ and dated Janu-
ary 2009. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 2,406 acres of land located 
in Pinal County, Arizona, depicted on the map enti-
tled ‘‘Southeast Arizona Land Exchange and Con-
servation Act of 2009–Federal Parcel–Oak Flat’’ 
and dated January 2009. 
(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 4(a). 
(5) OAK FLAT WITHDRAWAL AREA.—The term 
‘‘Oak Flat Withdrawal Area’’ means the approxi-
mately 760 acres of land depicted on the map enti-
tled ‘‘Oak Flat Withdrawal Area’’ and dated Janu-
ary 2009. 
(6) RESOLUTION COPPER.—The term ‘‘Resolu-
tion Copper’’ means Resolution Copper Mining, 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
LLC, a Delaware limited liability company, includ-
ing any successor, assign, affiliate, member, or joint 
venturer of Resolution Copper Mining, LLC. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(8) STATE.—The term ‘‘State’’ means the State 
of Arizona. 
(9) TOWN.—The term ‘‘Town’’ means the town 
of Superior, Arizona. 
SEC. 3. 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, and if the Secretary deter-
mines that the public interest would be well served by 
making the exchange, the Secretary shall convey to Reso-
lution Copper, all right, title, and interest of the United 
States in and to the Federal land. 
(b) COMPLIANCE WITH APPLICABLE LAW.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the Secretary shall carry out the 
land exchange under this section in accordance with 
section 206 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716) and other appli-
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
cable laws, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) ENVIRONMENTAL REVIEW DOCUMENT.— 
(A) IN GENERAL.—To the maximum ex-
tent practicable under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and Council on Environmental Quality 
regulations, the Secretary, in consultation with 
the Secretary of the Interior and other affected 
Federal agencies, shall prepare a single environ-
mental review document, which shall be used as 
the basis for all decisions under Federal law re-
lated to the land exchange and connected agen-
cy decisions related to the proposed mine on the 
Federal land. 
(B) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph precludes the Secretary from 
using separate environmental review documents 
prepared in accordance with the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) or other applicable laws for exploration 
or other activities not involving— 
(i) the land exchange; or 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(ii) the extraction of minerals in com-
mercial quantities by Resolution Copper on 
or under the Federal land. 
(c) CONDITIONS ON ACCEPTANCE.— 
(1) TITLE.—Title to any non-Federal land con-
veyed by Resolution Copper to the United States 
under this Act shall be in a form that is acceptable 
to— 
(A) the Secretary, for land to be adminis-
tered by the Forest Service; and 
(B) the Secretary of the Interior, for land 
to be administered by the Bureau of Land 
Management. 
(2) TERMS AND CONDITIONS.—The conveyance 
of the Federal land and non-Federal land under this 
Act shall be subject to such terms and conditions as 
the Secretary and the Secretary of the Interior may 
require. 
(d) CONSULTATION WITH INDIAN TRIBES.—Prior to 
making a public interest determination under subsection 
(a), the Secretary shall engage in government-to-govern-
ment consultation with affected Indian tribes concerning 
issues related to the exchange, in accordance with applica-
ble laws (including regulations). 
(e) APPRAISALS.— 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(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 
paragraph (1) shall be conducted in accordance 
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.— 
(i) IN GENERAL.—After the final ap-
praised value is determined and approved 
by the Secretary, the Secretary shall not 
be required to reappraise or update the 
final appraised value for a period of 3 
years beginning on the date of the ap-
proval by the Secretary of the final ap-
praised value. 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(ii) REAPPRAISAL.—Nothing in this 
subparagraph precludes the Secretary, 
prior to entering into an exchange agree-
ment with Resolution Copper, from requir-
ing a reappraisal or update of the final ap-
praisal if the Secretary determines that 
such reappraisal or update is necessary. 
(iii) IMPROVEMENTS.—Any improve-
ments made by Resolution Copper prior to 
entering into an exchange agreement shall 
not be included in the appraised value of 
the Federal land. 
(C) 
PUBLIC
REVIEW.—Before 
imple-
menting 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) ADDITIONAL APPRAISAL INFORMATION.— 
(A) IN GENERAL.—The appraiser selected 
under this subsection shall prepare a detailed 
income capitalization approach analysis, in ac-
cordance with the appraisal requirements re-
ferred to in paragraph (2)(A), of the market 
value of the Federal land, even if the income 
capitalization approach analysis is not the ap-
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
praisal approach relied on by the appraiser to 
determine the market value of the Federal land. 
(B) INCLUSION IN FINAL APPRAISAL RE-
PORT.—The income capitalization approach 
analysis under subparagraph (A) shall be in-
cluded in the final appraisal report of the Fed-
eral land. 
(f) 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 
requirements of this Act and subject to the 
approval of the applicable Secretary; 
(ii) make a cash payment to the 
United States; or 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(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 paragraph shall be deposited 
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, without further appropriation, for 
the acquisition of land for addition to the Na-
tional Forest System in the State. 
(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 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(B) except as provided in section 9, the 
surplus value of the non-Federal land shall be 
considered to be a donation by Resolution Cop-
per to the United States. 
(g) OAK FLAT WITHDRAWAL AREA.— 
(1) IN GENERAL.—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 
may authorize Resolution Copper to carry out min-
eral exploration activities— 
(A) under the Oak Flat Withdrawal Area, 
so long as such activities would not disturb the 
surface of the area; and 
(B) on the Oak Flat Withdrawal Area (but 
not within the Oak Flat Campground), so long 
as such activities are conducted from a single 
exploratory drill pad. 
(2) CONDITIONS.—Any activities undertaken in 
accordance with this subsection shall be subject to 
such terms and conditions as the Secretary may re-
quire. 
(3) TERMINATION.—The authorization for Res-
olution Copper to undertake mineral exploration ac-
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
tivities under this subsection shall terminate on the 
earlier of— 
(A) the date the land is conveyed to Reso-
lution Copper in accordance with this Act; or 
(B) the date that is 3 years after the date 
a special use permit is issued in accordance 
with this subsection. 
(h) COSTS.—As a condition of the land exchange, 
Resolution Copper shall agree to pay, without compensa-
tion, any costs that are— 
(1) associated with the land exchange; and 
(2) agreed to by the Secretary. 
(i) INTENT OF CONGRESS.— 
(1) IN GENERAL.—It is the intent of Congress 
that the Secretary shall complete any necessary envi-
ronmental reviews and public interest determination 
on the land exchange not later than 3 years after 
the date Resolution Copper submits a mining plan of 
operation to the Secretary. 
(2) AGREEMENT.—If the Secretary determines 
that the public interest would be well served by mak-
ing the land exchange, it is the intent of Congress 
that the Secretary seek to enter into an exchange 
agreement not later than 90 days after the date of 
the public interest determination. 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
SEC. 4. 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 of Agriculture, 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 2009–Non-Federal Parcel–Tur-
key Creek’’ and dated January 2009; 
(B) the approximately 148 acres of land 
located in Yavapai County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2009–Non-Federal Parcel– 
Tangle Creek’’ and dated January 2009; 
(C) the approximately 149 acres of land lo-
cated in Maricopa County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2009–Non-Federal Parcel– 
Cave Creek’’ and dated January 2009; 
(D) the approximately 640 acres of land 
located in Coconino County, Arizona, depicted 
on the map entitled ‘‘Southeast Arizona Land 
Exchange and Conservation Act of 2009–Non- 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
Federal Parcel–East Clear Creek’’ and dated 
January 2009; 
(E) the approximately 95 acres of land lo-
cated in Pinal County, Arizona, depicted on the 
map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2009–Non-Federal Parcel–The 
Pond’’ and dated January 2009; and 
(F) the approximately 110 acres of land lo-
cated in Pinal County, Arizona, depicted on the 
map entitled ‘‘Southeast Arizona Land Con-
servation Act of 2009–Non-Federal Parcel– 
Apache Leap South End’’ and dated January 
2009, subject to the retained right of Resolu-
tion Copper to conduct underground activities 
that— 
(i) the Secretary determines would not 
disturb the surface of Apache Leap; and 
(ii) do not involve commercial mineral 
extraction under Apache Leap; and 
(2) to the Secretary of the Interior, all right, 
title, and interest that the Secretary of the Interior 
determines to be acceptable in and to— 
(A) the approximately 3,050 acres of land 
located in Pinal County, Arizona, identified as 
‘‘Lands to DOI’’ as generally depicted on the 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
map entitled ‘‘Lower San Pedro River’’ and 
dated June 3, 2009; 
(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 June 3, 2009; 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 June 
3, 2009. 
(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 acquisition 
of land by the Secretary under this Act, the 
boundaries of the national forest shall be modi-
fied to reflect the inclusion of the acquired land. 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(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. 460l–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 following land 
shall be added to, and administered as part 
of, the San Pedro Riparian National Con-
servation Area in accordance with the laws 
(including regulations) applicable to the 
Conservation Area: 
(I) The land acquired by the Sec-
retary of the Interior under subsection 
(a)(2)(A). 
(II) Any land acquired by the 
Secretary of the Interior which is ad-
jacent to the San Pedro Riparian Na-
tional Conservation Area. 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(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-
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 conveyed to the United 
States under this Act, and as a condition of the land ex-
change, Resolution Copper shall surrender to the United 
States, without compensation, the rights held by Resolu-
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
tion Copper under the mining laws and other laws of the 
United States to commercially extract minerals under— 
(1) Apache Leap; and 
(2) the property described in subsection 
(a)(1)(E) (commonly known as ‘‘The Pond’’). 
SEC. 5. RECREATIONAL ACCESS AND IMPROVEMENTS. 
(a) RECREATIONAL ACCESS AND FACILITIES.— 
(1) IN GENERAL.—As a condition of the land 
exchange under this Act, Resolution Copper shall 
pay to the Secretary $1,250,000, to improve access 
and facilities for dispersed recreation and other out-
door recreational activities as provided in paragraph 
(2). 
(2) USE OF AMOUNTS.—The Secretary shall use 
the amount paid in accordance with paragraph (1), 
without further appropriation, to construct or im-
prove road access, turnouts, trails, parking areas, or 
facilities for dispersed recreation and other outdoor 
recreational activities as the Secretary determines to 
be appropriate. 
(3) PREFERRED LOCATIONS.—To the maximum 
extent practicable, the funds made available under 
this subsection shall be used by the Secretary on na-
tional forest land— 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
(A) in the general area north of Arizona 
State Highway 60; or 
(B) in the general area along Arizona 
State Highway 177. 
(b) DETERMINATION OF VALUE.—Amounts paid by 
Resolution Copper under this section shall not be consid-
ered in determining the value of the Federal and non-Fed-
eral land under section 3(f). 
SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. 
(a) ANNUAL PRODUCTION REPORTING.— 
(1) IN GENERAL.—As a condition of the ex-
change, beginning on February 15 of the first cal-
endar year beginning after the date of commence-
ment of production of valuable locatable minerals in 
commercial quantities from the Federal land con-
veyed to Resolution Copper under section 3, and an-
nually thereafter, Resolution Copper shall file with 
the Secretary of the Interior a report indicating the 
quantity of locatable minerals produced in commer-
cial quantities from the Federal land during the pre-
ceding calendar year. 
(2) REPORT
CONTENTS.—The reports under 
paragraph (1) shall comply with any recordkeeping 
and reporting requirements prescribed by the Sec-
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS
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-
olution Copper under section 3 exceeds the quantity of 
production of locatable minerals from the Federal land 
used in the income capitalization approach analysis pre-
pared under section 3(e)(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 3(e)(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.—The funds paid to the United 
States under this section shall be deposited 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, without further appropriation, 
VerDate Nov 24 2008 
04:11 Mar 19, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4880.IH
H4880
smartinez on DSKB9S0YB1PROD with BILLS