[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 687 Reported in House (RH)]
Union Calendar No. 121
113th CONGRESS
1st Session
H. R. 687
[Report No. 113-167]
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
February 14, 2013
Mr. Gosar (for himself, Mrs. Kirkpatrick, Mr. Salmon, Mr. Schweikert,
and Mr. Franks of Arizona) introduced the following bill; which was
referred to the Committee on Natural Resources
July 22, 2013
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
February 14, 2013]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives 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 2013''.
(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. 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) including--
(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 meeting a
significant portion of the annual United States demand
for this strategic and important mineral, 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 protection 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 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, Arizona; and
(G) protecting the cultural resources and other
values of the Apache Leap escarpment located near
Superior, Arizona; and
(2) the land exchange is, therefore, in the public
interest.
(b) Purpose.--It is the purpose of this Act to authorize, 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 807 acres of land depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act of 2013-
Apache Leap'' and dated February 2013.
(2) Federal land.--The term ``Federal land'' means the
approximately 2,422 acres of land located in Pinal County,
Arizona, depicted on the map entitled ``Southeast Arizona Land
Exchange and Conservation Act of 2013-Federal Parcel-Oak Flat''
and dated February 2013.
(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-Federal land'' means
the parcels of land owned by Resolution Copper that are
described in section 5(a) and, if necessary to equalize the
land exchange under section 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 2013-Oak Flat Campground'' and dated February 2013.
(6) Oak flat withdrawal area.--The term ``Oak Flat
Withdrawal Area'' means the approximately 760 acres of land
depicted on the map entitled ``Southeast Arizona Land Exchange
and Conservation Act of 2013-Oak Flat Withdrawal Area'' and
dated February 2013.
(7) Resolution copper.--The term ``Resolution 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 incorporated 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 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 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 affected 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 conduct 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 Professional
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 required to reappraise or update
the final appraised 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 Regulations
(or a successor regulation), after an exchange
agreement is entered into by Resolution 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 consummating 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 detailed income capitalization
approach analysis of the market value of the Federal land which
may be utilized, 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.--
(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 Secretary 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 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. 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 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 payment to
Resolution Copper to equalize the value; and
(B) the surplus value of the non-Federal 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 activities 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 activities within the Oak Flat
Withdrawal Area (but not within the Oak Flat
Campground), if the activities are conducted from a
single exploratory 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 Secretary may require.
(3) Termination.--The authorization for Resolution Copper
to undertake mineral exploration activities 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 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 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 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 Policy Act of 1969 (42 U.S.C. 4321 et seq.)
under this Act shall be as follows:
(1) Prior to commencing production in commercial quantities
of any valuable mineral from the Federal 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 operations.
(2) The Secretary shall, within 3 years of such submission,
complete preparation of an environmental 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, 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 located in
Gila County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Non-Federal Parcel-Turkey Creek'' and dated
February 2013;
(B) the approximately 148 acres of land located in
Yavapai County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Non-Federal Parcel-Tangle Creek'' and dated
February 2013;
(C) the approximately 149 acres of land located in
Maricopa County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Non-Federal Parcel-Cave Creek'' and dated
February 2013;
(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 2013-Non-Federal Parcel-East Clear Creek'' and dated
February 2013; and
(E) the approximately 110 acres of land located in
Pinal County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Apache Leap South End'' and dated February
2013; 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 map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Non-Federal Parcel-Lower San Pedro River'' and
dated February 2013;
(B) the approximately 160 acres of land located in
Gila and Pinal Counties, Arizona, identified as ``Lands
to DOI'' as generally depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2013-Non-Federal Parcel-Dripping Springs'' and dated
February 2013; and
(C) the approximately 940 acres of land located 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 2013-Non-Federal Parcel-Appleton Ranch'' and dated
February 2013.
(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 acquisition 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.
(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 subsection
(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) 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 Interior shall
update the management plan for the San Pedro
National Conservation Area to reflect the
management requirements of the acquired land.
(B) Dripping springs.--Land acquired by the
Secretary of the Interior under subsection (a)(2)(B)
shall be managed in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and applicable land use plans.
(C) Las cienegas national conservation 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 accordance with the laws
(including regulations) applicable to the Conservation
Area.
(c) Surrender of Rights.--In addition to the conveyance 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 Copper
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.--
(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 report indicating the quantity of
locatable minerals produced during the preceding calendar year
in commercial 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 Secretary shall make
each report received under paragraph (1) available to the
State.
(3) Report contents.--The reports under paragraph (1) shall
comply with any recordkeeping and reporting requirements
prescribed by the Secretary 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 commercial quantities from the
Federal land conveyed to Resolution Copper under section 4 exceeds the
quantity of production of locatable minerals from the Federal land used
in the income capitalization approach analysis prepared under section
4(d), 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 assumed
for the income capitalization approach analysis prepared under section
4(d).
(c) State Law Unaffected.--Nothing in this section modifies,
expands, diminishes, amends, or otherwise affects any State law
relating to the imposition, application, 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
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 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, mineral
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 cultural 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 underground activities (other than the
commercial extraction of minerals) under the surface of Apache
Leap that the Secretary 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 installation 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 portion of
Apache Leap; and
(B) provide access for recreation.
(c) Mining Activities.--The provisions of this section shall not
impose additional restrictions on mining activities 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. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public land order that
withdraws the Federal land from appropriation 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 interest 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 Secretary in
writing that it has elected to withdraw from the land
exchange pursuant to section 206(d) of the Federal Land
Policy and Management 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 currently 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 general 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 estimate, or description of any land conveyed
or exchanged 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 Secretary concerned and Resolution
Copper mutually agree otherwise.
(3) Availability.--On the date of enactment of this Act,
the Secretary shall file and make available for public
inspection in the Office of the Supervisor, Tonto National
Forest, each map referred to in this Act.
Union Calendar No. 121
113th CONGRESS
1st Session
H. R. 687
[Report No. 113-167]
_______________________________________________________________________
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.
_______________________________________________________________________
July 22, 2013
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed