IB 
Union Calendar No. 162 
112TH CONGRESS 
1ST SESSION H. R. 1904 
[Report No. 112–246] 
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 HOUSE OF REPRESENTATIVES 
MAY 13, 2011 
Mr. GOSAR (for himself, Mr. FRANKS of Arizona, Mr. QUAYLE, Mr. FLAKE, 
and Mr. SCHWEIKERT) introduced the following bill; which was referred 
to the Committee on Natural Resources 
OCTOBER 14, 2011 
Additional sponsors: Mr. TIPTON, Mr. MANZULLO, Mr. CHAFFETZ, Mr. 
BISHOP of Utah, Mrs. LUMMIS, Mr. PEARCE, Mr. LUETKEMEYER, Mr. 
SESSIONS, Mr. LANDRY, Mr. BROOKS, Mr. CARTER, Mr. FLORES, Mr. 
REED, Mr. WALDEN, Mrs. MCMORRIS RODGERS, Mr. YOUNG of Alaska, 
Mr. KELLY, Mr. HECK, Mr. AMODEI, Mr. SOUTHERLAND, Mr. THOMP-
SON of Pennsylvania, Mr. STUTZMAN, Mr. LANKFORD, and Mr. SIMPSON 
OCTOBER 14, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 13, 2011] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Southeast Arizona Land Exchange and Conservation Act 
of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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 eco-
nomic opportunities in a part of the State of Ar-
izona that has a long history of mining, but is 
currently experiencing high unemployment rates 
and economic difficulties; 
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(B) facilitating the development of a world- 
class domestic copper deposit capable of meeting 
a significant portion of the annual United States 
demand for this strategic and important min-
eral, in an area which has already been subject 
to mining operations; 
(C) significantly enhancing Federal, State, 
and local revenue collections in a time of severe 
governmental budget shortfalls; 
(D) securing Federal ownership and protec-
tion 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 Na-
tional 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, Ari-
zona; and 
(G) protecting the cultural resources and 
other values of the Apache Leap escarpment lo-
cated near Superior, Arizona; and 
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(2) the land exchange is, therefore, in the public 
interest. 
(b) PURPOSE.—It is the purpose of this Act to author-
ize, direct, facilitate, and expedite the exchange of land be-
tween Resolution Copper and the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APACHE LEAP.—The term ‘‘Apache Leap’’ 
means the approximately 807 acres of land depicted 
on the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–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, 
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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 ‘‘Southeast 
Arizona Land Exchange and Conservation Act of 
2011–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 entitled 
‘‘Southeast Arizona Land Exchange and Conservation 
Act of 2011–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, including 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 incor-
porated town of Superior, Arizona. 
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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 Federal 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— 
(1) is acceptable to the Secretary, for land to be 
administered by the Forest Service and the Secretary 
of the Interior, for land to be administered by the Bu-
reau 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 un-
dertaken 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 affected In-
dian 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 
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Resolution Copper shall select an appraiser to con-
duct appraisals of the Federal land and non-Federal 
land in compliance with the requirements of section 
254.9 of title 36, Code of Federal Regulations. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an appraisal prepared under 
this subsection 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.—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 Secretary of 
the final appraised value; or 
(ii) at all, in accordance with section 
254.14 of title 36, Code of Federal Regula-
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tions (or a successor regulation), after an 
exchange agreement is entered into by Reso-
lution Copper and the Secretary. 
(C) IMPROVEMENTS.—Any improvements 
made by Resolution Copper prior to entering 
into an exchange agreement shall not be included 
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) available 
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 accordance with 
this subsection. 
(2) SURPLUS OF FEDERAL LAND VALUE.— 
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(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 re-
quirements of this Act and subject to the ap-
proval 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 Secretary 
may accept a payment in excess of 25 percent of 
the total value of the land or interests 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 PROCEEDS.— 
Any amounts received by the United States 
under this subparagraph shall be deposited in 
the fund established under Public Law 90–171 
(commonly known as the ‘‘Sisk Act’’; 16 U.S.C. 
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484a) and shall be made available to the Sec-
retary for the acquisition of land for addition to 
the National Forest System. 
(3) SURPLUS
OF
NON-FEDERAL
LAND.—If the 
final appraised value of the non-Federal land exceeds 
the value of the Federal land— 
(A) the United States shall not make a pay-
ment to Resolution Copper to equalize the value; 
and 
(B) 
except 
as 
provided 
in 
section 
9(b)(2)(B), the surplus value of the non-Federal 
land shall be considered to be a donation by Res-
olution 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, min-
eral leasing, or public land laws, the Secretary, upon 
enactment of this Act, shall issue to Resolution Cop-
per— 
(A) if so requested by Resolution Copper, 
within 30 days of such request, a special use per-
mit to carry out mineral exploration activities 
under the Oak Flat Withdrawal Area from exist-
ing drill pads located outside the Area, if the ac-
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tivities 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 per-
mit to carry out mineral exploration activities 
within the Oak Flat Withdrawal Area (but not 
within the Oak Flat Campground), if the activi-
ties are conducted from a single exploratory drill 
pad which is located to reasonably minimize vis-
ual 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 Secretary 
may require. 
(3) TERMINATION.—The authorization for Reso-
lution Copper to undertake mineral exploration ac-
tivities under this subsection shall remain in effect 
until the Oak Flat Withdrawal Area land is conveyed 
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, without com-
pensation, all costs that are— 
(1) associated with the land exchange and any 
environmental review document under subsection (j); 
and 
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(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 avail-
able to Resolution Copper for mining and related activities 
subject to and in accordance with applicable Federal, State, 
and local laws pertaining to mining and related activities 
on land in private ownership. 
(i) INTENT OF CONGRESS.—It is the intent of Congress 
that the land exchange directed by this Act shall be con-
summated not later than one year after the date of enact-
ment of this Act. 
(j) ENVIRONMENTAL COMPLIANCE.—Compliance with 
the requirements of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 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 com-
mercial production or to access the ore body and tail-
ing deposition areas), Resolution Copper shall submit 
to the Secretary a proposed mine plan of operations. 
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(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 Copper, includ-
ing the construction of associated power, water, trans-
portation, 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 Exchange 
and Conservation Act of 2011–Non-Federal Par-
cel–Turkey Creek’’ and dated March 2011; 
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(B) the approximately 148 acres of land lo-
cated in Yavapai County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–Non-Fed-
eral Parcel–Tangle Creek’’ and dated March 
2011; 
(C) the approximately 149 acres of land lo-
cated in Maricopa County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–Non-Fed-
eral Parcel–Cave Creek’’ and dated March 2011; 
(D) the approximately 640 acres of land lo-
cated in Coconino County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2011–Non-Fed-
eral Parcel–East Clear Creek’’ and dated March 
2011; and 
(E) the approximately 110 acres of land lo-
cated in Pinal County, Arizona, depicted on the 
map entitled ‘‘Southeast Arizona Land Exchange 
and Conservation Act of 2011–Non-Federal Par-
cel–Apache Leap South End’’ and dated March 
2011; and 
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(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 
map entitled ‘‘Southeast Arizona Land Exchange 
and Conservation Act of 2011–Non-Federal Par-
cel–Lower San Pedro River’’ and dated July 6, 
2011; 
(B) the approximately 160 acres of land lo-
cated in Gila and Pinal Counties, Arizona, iden-
tified as ‘‘Lands to DOI’’ as generally depicted 
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 Exchange 
and Conservation Act of 2011–Non-Federal Par-
cel–Appleton Ranch’’ and dated July 6, 2011. 
(b) MANAGEMENT OF ACQUIRED LAND.— 
(1) LAND ACQUIRED BY THE SECRETARY.— 
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(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 acquisi-
tion 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. 
(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 for-
est 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 ad-
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(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, Resolu-
tion Copper shall surrender to the United States, without 
compensation, the rights held by Resolution Copper under 
the mining laws and other laws of the United States to com-
mercially extract minerals under Apache Leap. 
SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. 
(a) ANNUAL PRODUCTION REPORTING.— 
(1) REPORT REQUIRED.—As a condition of the 
land exchange under this Act, Resolution Copper shall 
submit to the Secretary of the Interior an annual re-
port indicating the quantity of locatable minerals 
produced during the preceding calendar year in com-
mercial quantities from the Federal land conveyed to 
Resolution Copper under section 4. The first report is 
required to be submitted not later than February 15 
of the first calendar year beginning after the date of 
commencement of production of valuable locatable 
minerals in commercial quantities from such Federal 
land. The reports shall be submitted February 15 of 
each calendar year thereafter. 
(2) SHARING REPORTS WITH STATE.—The Sec-
retary shall make each report received under para-
graph (1) available to the State. 
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(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 effect 
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 Reso-
lution Copper under section 4 exceeds the quantity of pro-
duction of locatable minerals from the Federal land used 
in the income capitalization approach analysis prepared 
under section 4(d)(3), Resolution Copper shall pay to the 
United States, by not later than March 15 of each applica-
ble calendar year, a value adjustment payment for the 
quantity of excess production at the same rate assumed for 
the income capitalization approach analysis prepared 
under section 4(d)(3). 
(c) STATE LAW UNAFFECTED.—Nothing in this section 
modifies, expands, diminishes, amends, or otherwise affects 
any State law relating to the imposition, application, tim-
ing, 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 
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be available to the Secretary and the Secretary of the 
Interior only for the purposes authorized by para-
graph (2). 
(2) AUTHORIZED USE.—Amounts in the special 
fund established pursuant to paragraph (1) shall be 
used for maintenance, repair, and rehabilitation 
projects for Forest Service and Bureau of Land Man-
agement assets. 
SEC. 7. WITHDRAWAL. 
Subject to valid existing rights, Apache Leap and any 
land acquired by the United States under this Act are with-
drawn 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. 
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(2) SPECIAL USE PERMITS.—The Secretary may 
issue to Resolution Copper special use permits allow-
ing Resolution Copper to carry out underground ac-
tivities (other than the commercial extraction of min-
erals) under the surface of Apache Leap that the Sec-
retary determines would not disturb the surface of the 
land, subject to any terms and conditions 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 para-
graph (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— 
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(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. 
(c) MINING ACTIVITIES.—The provisions of this section 
shall not impose additional restrictions on mining activi-
ties 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 regulations. 
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 Parcel– 
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, Ar-
izona, as depicted on the map entitled ‘‘Southeast Ar-
izona Land Exchange and Conservation Act of 2011– 
VerDate Mar 15 2010 
21:45 Oct 14, 2011
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