[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Reported in Senate (RS)]
Calendar No. 279
111th CONGRESS
2d Session
S. 409
[Report No. 111-129]
To secure Federal ownership and management of significant natural,
scenic, and recreational resources, to provide for the protection of
cultural resources, to facilitate the efficient extraction of mineral
resources by authorizing and directing an exchange of Federal and non-
Federal land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2009
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
March 2, 2010
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To secure Federal ownership and management of significant natural,
scenic, and recreational resources, to provide for the protection of
cultural resources, to facilitate the efficient extraction of mineral
resources 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Southeast Arizona Land
Exchange and Conservation Act of 2009''.</DELETED>
<DELETED>SEC. 2. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are--</DELETED>
<DELETED> (1) to authorize, direct, facilitate, and expedite
the conveyance and exchange of land between the United States
and Resolution Copper;</DELETED>
<DELETED> (2) to provide for the permanent protection of
cultural resources and uses of the Apache Leap escarpment
located near the town of Superior, Arizona; and</DELETED>
<DELETED> (3) to secure Federal ownership and protection of
land with significant natural, scenic, recreational, water,
riparian, cultural and other resources.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Apache leap.--The term ``Apache Leap'' means
the approximately 822 acres of land (including the
approximately 110 acres of land of Resolution Copper described
in section 4(c)(1)(G)), as depicted on the map entitled
``Apache Leap'' and dated January 2009.</DELETED>
<DELETED> (2) Federal land.--The term ``Federal land'' means
the approximately 2,406 acres of land located in Pinal County,
Arizona, depicted on the map entitled ``Southeast Arizona Land
Exchange and Conservation Act of 2009-Federal Parcel-Oak Flat''
and dated January 2009.</DELETED>
<DELETED> (3) Non-federal land.--The term ``non-Federal
land'' means each parcel of land described in section
4(c).</DELETED>
<DELETED> (4) Oak flat campground.--The term ``Oak Flat
Campground'' means the campground that is--</DELETED>
<DELETED> (A) comprised of approximately 16
developed campsites and adjacent acreage at a total of
approximately 50 acres; and</DELETED>
<DELETED> (B) depicted on the map entitled ``Oak
Flat Campground'' and dated January 2009.</DELETED>
<DELETED> (5) Oak flat withdrawal area.--The term ``Oak Flat
Withdrawal Area'' means the approximately 760 acres of land
depicted on the map entitled ``Oak Flat Withdrawal Area'' and
dated January 2009.</DELETED>
<DELETED> (6) Resolution copper.--The term ``Resolution
Copper'' means--</DELETED>
<DELETED> (A) Resolution Copper Mining, LLC, a
Delaware limited liability company; and</DELETED>
<DELETED> (B) any successor, assign, affiliate,
member, or joint venturer of Resolution Copper Mining,
LLC.</DELETED>
<DELETED> (7) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.</DELETED>
<DELETED> (8) Secretary concerned.--The term ``Secretary
concerned'' means the Secretary of Agriculture or the Secretary
of the Interior, as applicable.</DELETED>
<DELETED> (9) Town.--The term ``Town'' means the Town of
Superior, Arizona, an incorporated municipality.</DELETED>
<DELETED>SEC. 4. LAND CONVEYANCES AND EXCHANGES.</DELETED>
<DELETED> (a) Purposes.--The purposes of the land conveyances and
exchanges under this section are--</DELETED>
<DELETED> (1) to secure Federal ownership and protection of
significant natural, scenic, and recreational resources;
and</DELETED>
<DELETED> (2) to facilitate efficient extraction of mineral
resources.</DELETED>
<DELETED> (b) Offer by Resolution Copper.--</DELETED>
<DELETED> (1) In general.--Subject to section 9(b)(1), if
Resolution Copper submits to the Secretary of Agriculture a
written offer, in accordance with paragraph (2), to convey to
the United States all right, title, and interest of Resolution
Copper in and to the non-Federal land, the Secretary shall--
</DELETED>
<DELETED> (A) accept the offer; and</DELETED>
<DELETED> (B) convey to Resolution Copper all right,
title, and interest of the United States in and to the
Federal land, subject to--</DELETED>
<DELETED> (i) section 10(c); and</DELETED>
<DELETED> (ii) any valid existing right or
title reservation, easement, or other exception
required by law or agreed to by the Secretary
concerned and Resolution Copper.</DELETED>
<DELETED> (2) Requirements.--Title to any non-Federal land
conveyed by Resolution Copper to the United States under
paragraph (1) shall--</DELETED>
<DELETED> (A) be in a form that is acceptable to the
Secretary concerned; and</DELETED>
<DELETED> (B) conform to the title approval
standards of the Attorney General of the United States
applicable to land acquisitions by the Federal
Government.</DELETED>
<DELETED> (c) Resolution Copper Land Exchange.--On receipt of title
to the Federal land under subsection (b)(1)(B), Resolution Copper shall
simultaneously convey--</DELETED>
<DELETED> (1) to the Secretary of Agriculture, all right,
title, and interest that the Secretary determines to be
acceptable in and to--</DELETED>
<DELETED> (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 2009-Non-Federal Parcel-Turkey
Creek'' and dated January 2009;</DELETED>
<DELETED> (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 2009-Non-Federal Parcel-Tangle
Creek'' and dated January 2009;</DELETED>
<DELETED> (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 2009-Non-Federal Parcel-Cave
Creek'' and dated January 2009;</DELETED>
<DELETED> (D) the approximately 88 acres of land
located in Pinal County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Non-Federal Parcel-J-I Ranch''
and dated January 2009;</DELETED>
<DELETED> (E) 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-Federal Parcel-East Clear
Creek'' and dated January 2009;</DELETED>
<DELETED> (F) the approximately 95 acres of land
located in Pinal County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Non-Federal Parcel-The Pond''
and dated January 2009; and</DELETED>
<DELETED> (G) subject to the retained rights under
subsection (d)(2), the approximately 110 acres of land
located in Pinal County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Non-Federal Parcel-Apache Leap
South End'' and dated January 2009; and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the approximately 3,073 acres of land
located in Pinal County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Non-Federal Parcel-Lower San
Pedro River'' and dated January 2009;</DELETED>
<DELETED> (B) the approximately 160 acres of land
located in Gila and Pinal Counties, Arizona, depicted
on the map entitled ``Southeast Arizona Land Exchange
and Conservation Act of 2009-Non-Federal Parcel-
Dripping Springs'' and dated January 2009;
and</DELETED>
<DELETED> (C) the approximately 956 acres of land
located in Santa Cruz County, Arizona, depicted on the
map entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Non-Federal Parcel-Appleton
Ranch'' and dated January 2009.</DELETED>
<DELETED> (d) Additional Consideration to United States.--</DELETED>
<DELETED> (1) Surrender of rights.--Subject to paragraph
(2), in addition to the non-Federal land to be conveyed to the
United States under subsection (c), and as a condition of the
land exchange under this section, Resolution Copper shall
surrender to the United States, without compensation, the
rights held by Resolution Copper under mining and other laws of
the United States--</DELETED>
<DELETED> (A) to commercially extract minerals
under--</DELETED>
<DELETED> (i) Apache Leap; or</DELETED>
<DELETED> (ii) the parcel identified in
subsection (c)(1)(F); and</DELETED>
<DELETED> (B) to disturb the surface of Apache Leap,
except with respect to such fences, signs, monitoring
wells, and other devices, instruments, or improvements
as are necessary to monitor the public health and
safety or achieve other appropriate administrative
purposes, as determined by the Secretary, in
consultation with Resolution Copper.</DELETED>
<DELETED> (2) Exploration activities.--Nothing in this Act
prohibits Resolution Copper from using any existing mining
claim held by Resolution Copper on Apache Leap, or from
retaining any right held by Resolution Copper to the parcel
described in subsection (c)(1)(G), to carry out any underground
activities under Apache Leap in a manner that the Secretary
determines will not adversely impact the surface of Apache Leap
(including drilling or locating any tunnels, shafts, or other
facilities relating to mining, monitoring, or collecting
geological or hydrological information) that do not involve
commercial mineral extraction under Apache Leap.</DELETED>
<DELETED> (e) Use of Equalization Payment.--</DELETED>
<DELETED> (1) Payment.--Resolution Copper shall pay into the
Federal Land Disposal Account established by section 206(a) of
the Federal Land Transaction Facilitation Act (43 U.S.C.
2305(a)) (or any successor account) any cash equalization funds
owed by Resolution Copper to the United States under section
7(b)(1), to remain available until expended, without further
appropriation, to the Secretary and the Secretary of the
Interior, as the Secretaries jointly determine to be
appropriate, for--</DELETED>
<DELETED> (A) the acquisition from willing sellers
of land or interests in land within the hydrographic
boundary of the San Pedro River and tributaries in the
State of Arizona; and</DELETED>
<DELETED> (B) the management and protection of
endangered species and other sensitive environmental
values and land within the San Pedro Riparian National
Conservation Area established by section 101(a) of the
Arizona-Idaho Conservation Act of 1988 (16 U.S.C.
460xx(a)) (including any additions to the area),
including management under any cooperative management
agreement entered into by the Secretary of the Interior
and a State or local agency under section 103(c) of
that Act (16 U.S.C. 460xx-2(c)).</DELETED>
<DELETED> (2) Period of use.--To the maximum extent
feasible, the amount paid into the Federal Land Disposal
Account by Resolution Copper under paragraph (1) shall be used
by the Secretary and the Secretary of the Interior during the
2-year period beginning on the date of payment.</DELETED>
<DELETED> (3) Cooperative management agreements.--The
Secretary of the Interior may enter into such cooperative
management agreements with qualified organizations (as defined
in section 170(h) of the Internal Revenue Code of 1986) as the
Secretary of the Interior determines to be appropriate to
administer portions of the San Pedro Riparian National
Conservation Area.</DELETED>
<DELETED>SEC. 5. TIMING AND PROCESSING OF EXCHANGE.</DELETED>
<DELETED> (a) Sense of Congress Regarding Timing of Exchange.--It is
the sense of Congress that the land exchange directed by section 4
should be consummated by not later than 1 year after the date of
enactment of this Act.</DELETED>
<DELETED> (b) Exchange Processing.--Before the date of consummation
of the exchange under section 4, the Secretary concerned shall complete
any necessary land surveys and required preexchange clearances,
reviews, mitigation activities, and approvals relating to--</DELETED>
<DELETED> (1) threatened or endangered species;</DELETED>
<DELETED> (2) cultural or historic resources;</DELETED>
<DELETED> (3) wetland or floodplains; or</DELETED>
<DELETED> (4) hazardous materials.</DELETED>
<DELETED> (c) Post-exchange Processing.--Before commencing
production in commercial quantities of any valuable mineral from the
Federal land conveyed to Resolution Copper under section 4(b)(1)(B)
(except for any such production from any 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 tailings deposition areas), the Secretary shall publish an
environmental impact statement in accordance with section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4322(2)(C))
regarding any Federal agency action carried out relating to the
commercial production, including an analysis of the impacts of the
production.</DELETED>
<DELETED> (d) Oak Flat Withdrawal Area Restriction.--</DELETED>
<DELETED> (1) Mineral exploration.--To ensure the collection
and consideration of adequate information to analyze possible
commercial production of minerals by Resolution Copper from the
Oak Flat Withdrawal Area, notwithstanding any other provision
of law, Resolution Copper may carry out mineral exploration
activities under the Oak Flat Withdrawal Area during the period
beginning on the date of enactment of this Act and ending on
the date of conveyance of the Oak Flat Withdrawal Area to
Resolution Copper under section 4(b)(1)(B) by directional
drilling or any other method that will not disturb the surface
of the land.</DELETED>
<DELETED> (2) Sense of congress regarding permit.--It is the
sense of Congress that the Secretary should issue to Resolution
Copper a permit to conduct appropriate directional drilling or
other nonsurface-disturbing exploration in the Oak Flat
Withdrawal Area as soon as practicable after the date of
enactment of this Act.</DELETED>
<DELETED> (e) Exchange and Post-exchange Costs.--In accordance with
sections 254.4 and 254.7 of title 36, Code of Federal Regulations (or
successor regulations), Resolution Copper shall assume responsibility
for--</DELETED>
<DELETED> (1) hiring such contractors as are necessary for
carrying out any exchange or conveyance of land under this Act;
and</DELETED>
<DELETED> (2) paying, without compensation under section
254.7 of title 36, Code of Federal Regulations (or a successor
regulation)--</DELETED>
<DELETED> (A) the costs of any appraisal relating to
an exchange or conveyance under this Act, including any
reasonable reimbursements to the Secretary on request
of the Secretary for the cost of reviewing and
approving an appraisal;</DELETED>
<DELETED> (B) the costs of any clearances, reviews,
mitigation activities, and approvals under subsection
(b), including any necessary land surveys conducted by
the Bureau of Land Management Cadastral Survey
program;</DELETED>
<DELETED> (C) the costs of achieving compliance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) under subsection (c);
and</DELETED>
<DELETED> (D) any other cost agreed to by Resolution
Copper and the Secretary concerned.</DELETED>
<DELETED> (f) Contractor Work and Approvals.--</DELETED>
<DELETED> (1) In general.--Any work relating to the exchange
or conveyance of land under this Act that is performed by a
contractor shall be subject to the mutual agreement of the
Secretary concerned and Resolution Copper, including any
agreement with respect to--</DELETED>
<DELETED> (A) the selection of the contractor;
and</DELETED>
<DELETED> (B) the scope of work performed by the
contractor.</DELETED>
<DELETED> (2) Review and approval.--Any required review and
approval of work by a contractor shall be performed by the
Secretary concerned, in accordance with applicable law
(including regulations).</DELETED>
<DELETED> (3) Lead actor agreement.--The Secretary of
Agriculture and the Secretary of the Interior may mutually
agree to designate the Secretary of Agriculture as the lead
actor for any action under this subsection.</DELETED>
<DELETED>SEC. 6. CONVEYANCE OF LAND TO TOWN.</DELETED>
<DELETED> (a) Conveyance Requirements.--</DELETED>
<DELETED> (1) In general.--On receipt of a request from the
Town described in paragraph (2), the Secretary shall convey to
the Town each parcel requested.</DELETED>
<DELETED> (2) Description of request.--A request referred to
in paragraph (1) is a request by the Town--</DELETED>
<DELETED> (A) for the conveyance of 1 or more of the
parcels identified in subsection (b); and</DELETED>
<DELETED> (B) that is submitted to the Secretary by
not later than 90 days after the date of consummation
of the land exchange under section 4.</DELETED>
<DELETED> (3) Price.--The Town shall pay to the Secretary a
price equal to the market value of any land conveyed under this
subsection, as appraised under section 7, less the amount of
any credit under section 7(b)(3).</DELETED>
<DELETED> (b) Identification of Parcels.--The Town may request
conveyance of any of--</DELETED>
<DELETED> (1) the approximately 30 acres of land located in
Pinal County, Arizona, occupied on the date of enactment of
this Act by the Fairview Cemetery and depicted on the map
entitled ``Southeast Arizona Land Exchange and Conservation Act
of 2009-Federal Parcel-Fairview Cemetery'' and dated January
2009;</DELETED>
<DELETED> (2) the reversionary interest, and any reserved
mineral interest, of the United States in the approximately 265
acres of land located in Pinal County, Arizona, depicted on the
map entitled ``Southeast Arizona Land Exchange and Conservation
Act of 2009-Federal Reversionary Interest-Superior Airport''
and dated January 2009; and</DELETED>
<DELETED> (3) all or any portion of the approximately 250
acres of land located in Pinal County, Arizona, depicted on the
map entitled ``Southeast Arizona Land Exchange and Conservation
Act of 2009-Federal Parcel-Superior Airport Contiguous
Parcels'' and dated January 2009.</DELETED>
<DELETED> (c) Condition of Conveyance.--A conveyance of land under
this section shall be carried out in a manner that provides the United
States manageable boundaries on any parcel retained by the Secretary,
to the maximum extent practicable.</DELETED>
<DELETED>SEC. 7. VALUATION OF LAND EXCHANGED OR CONVEYED.</DELETED>
<DELETED> (a) Exchange Valuation.--</DELETED>
<DELETED> (1) In general.--The value of the land to be
exchanged under section 4 or conveyed to the Town under section
6 shall be determined by the Secretary through concurrent
appraisals conducted in accordance with paragraph
(2).</DELETED>
<DELETED> (2) Appraisals.--</DELETED>
<DELETED> (A) In general.--An appraisal under this
section shall be--</DELETED>
<DELETED> (i) performed by an appraiser
mutually agreed to by the Secretary and
Resolution Copper;</DELETED>
<DELETED> (ii) performed in accordance
with--</DELETED>
<DELETED> (I) the Uniform Appraisal
Standards for Federal Land Acquisitions
(Department of Justice, 5th Edition,
December 20, 2000);</DELETED>
<DELETED> (II) the Uniform Standards
of Professional Appraisal Practice;
and</DELETED>
<DELETED> (III) Forest Service
appraisal instructions; and</DELETED>
<DELETED> (iii) submitted to the Secretary
for review and approval.</DELETED>
<DELETED> (B) Reappraisals and updated appraised
values.--After the final appraised value of a parcel is
determined and approved under subparagraph (A), the
Secretary shall not be required to reappraise or update
the final appraised value--</DELETED>
<DELETED> (i) for a period of 3 years after
the approval by the Secretary of the final
appraised value under subparagraph (A)(iii);
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Public review.--Before consummating
the land exchange under section 4, the Secretary shall
make available for public review a summary of the
appraisals of the land to be exchanged.</DELETED>
<DELETED> (3) Failure to agree.--If the Secretary and
Resolution Copper fail to agree on the value of a parcel to be
exchanged, the final value of the parcel shall be determined in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).</DELETED>
<DELETED> (4) Federal land appraisal.--</DELETED>
<DELETED> (A) In general.--The Federal land shall be
appraised in accordance with the standards and
instructions referred to in paragraph (2)(A)(ii) and
other applicable requirements of this
section.</DELETED>
<DELETED> (B) Treatment as unencumbered.--The value
of the Federal land outside the Oak Flat Withdrawal
Area shall be determined as if the land is unencumbered
by any unpatented mining claims of Resolution
Copper.</DELETED>
<DELETED> (C) Effect.--Nothing in this Act affects
the validity of any unpatented mining claim or right of
Resolution Copper.</DELETED>
<DELETED> (D) Additional appraisal information.--To
provide information necessary to calculate a value
adjustment payment for purposes of section 12, the
appraiser under this paragraph shall include in the
appraisal report a detailed royalty income approach
analysis, in accordance with the Uniform Appraisal
Standards for Federal Land Acquisition, of the market
value of the Federal land, even if the royalty income
approach analysis is not the appraisal approach relied
on by the appraiser to determine the final market value
of the Federal land.</DELETED>
<DELETED> (b) Equalization of Value.--</DELETED>
<DELETED> (1) Surplus of federal land value.--</DELETED>
<DELETED> (A) In general.--If the final appraised
value of the Federal land exceeds the value of the non-
Federal land involved in the exchange under section 4,
Resolution Copper shall make a cash equalization
payment into the Federal Land Disposal Account (as
provided in subsection (e)) to equalize the values of
the Federal land and non-Federal land.</DELETED>
<DELETED> (B) Amount of payment.--Notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the United
States may accept a cash equalization payment under
subparagraph (A) in an amount that is greater than 25
percent of the value of the Federal land.</DELETED>
<DELETED> (2) Surplus of non-federal land value.--If the
final appraised value of the non-Federal land exceeds the value
of the Federal land involved in the exchange under section 4--
</DELETED>
<DELETED> (A) the United States shall not make a
payment to Resolution Copper to equalize the values of
the land; and</DELETED>
<DELETED> (B) the surplus value of the non-Federal
land shall be considered to be a donation by Resolution
Copper to the United States.</DELETED>
<DELETED> (3) Payment for land conveyed to town.--</DELETED>
<DELETED> (A) In general.--The Town shall pay the
Secretary market value for any land acquired by the
Town from the Secretary under section 6, as determined
by the Secretary through an appraisal conducted in
accordance with subsection (a)(2).</DELETED>
<DELETED> (B) Credit.--If the final appraised value
of the non-Federal land exceeds the value of the
Federal land in the exchange under section 4, the
obligation of the Town to pay the United States under
subparagraph (A) shall be reduced by an amount equal to
the excess value of the non-Federal land conveyed to
the United States.</DELETED>
<DELETED> (4) Disposition and use of proceeds.--</DELETED>
<DELETED> (A) Cash equalization payments.--Any cash
equalization payment under paragraph (1)(A) shall be
deposited, without further appropriation, in the
Federal Land Disposal Account for use in accordance
with section 4(e).</DELETED>
<DELETED> (B) Payment for land conveyed to town.--
Any payment received by the Secretary from the Town
under paragraph (3)(A) shall be--</DELETED>
<DELETED> (i) deposited in the fund
established under Public Law 90-171 (commonly
known as the ``Sisk Act'') (16 U.S.C. 484a);
and</DELETED>
<DELETED> (ii) made available to the
Secretary, without further appropriation, for
the acquisition of land for addition to the
National Forest System in the State of
Arizona.</DELETED>
<DELETED>SEC. 8. APACHE LEAP PROTECTION AND MANAGEMENT.</DELETED>
<DELETED> (a) Apache Leap Protection and Management.--</DELETED>
<DELETED> (1) In general.--To permanently protect the
cultural, historic, educational, and natural resource values of
Apache Leap, effective beginning on the date of enactment of
this Act, the Secretary shall--</DELETED>
<DELETED> (A) manage Apache Leap in accordance with
the laws (including regulations) applicable to the
National Forest System; and</DELETED>
<DELETED> (B) place special emphasis on preserving
the natural character of Apache Leap.</DELETED>
<DELETED> (2) Withdrawal.--Subject to the valid existing
rights of Resolution Copper under section 4(d)(2), effective
beginning on the date of enactment of this Act, Apache Leap
shall be permanently withdrawn from all forms of entry and
appropriation under--</DELETED>
<DELETED> (A) the public land laws (including the
mining and mineral leasing laws); and</DELETED>
<DELETED> (B) the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.).</DELETED>
<DELETED> (b) Additional Protections, Analysis, and Plan.--
</DELETED>
<DELETED> (1) Management plan.--Not later than 4 years after
the date of enactment of this Act, the Secretary, in
consultation with the Town, Resolution Copper, the Yavapai and
Apache Indian tribes, and other interested members of the
public, shall solicit public comment regarding, and initiate
implementation of, a management plan for Apache Leap.</DELETED>
<DELETED> (2) Planning considerations.--The plan described
in paragraph (1) shall examine, among other matters, whether
Apache Leap should be managed to establish--</DELETED>
<DELETED> (A) additional cultural and historical
resource protections or measures, including permanent
or seasonal closures of any portion of Apache Leap to
protect cultural or archeological resources;</DELETED>
<DELETED> (B) additional or alternative public
access routes, trails, and trailheads to Apache Leap;
or</DELETED>
<DELETED> (C) additional opportunities (including
appropriate access) for rock climbing, with special
emphasis on improved rock climbing access to Apache
Leap from the west.</DELETED>
<DELETED> (c) Mining Activities.--Nothing in this section imposes
any restriction on any exploration or mining activity carried out by
Resolution Copper outside of Apache Leap after the date of enactment of
this Act.</DELETED>
<DELETED>SEC. 9. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED
LAND.</DELETED>
<DELETED> (a) Land Acquired by Secretary.--</DELETED>
<DELETED> (1) In general.--Land acquired by the Secretary
under this Act shall--</DELETED>
<DELETED> (A) become part of the National Forest
within which the land is located; and</DELETED>
<DELETED> (B) be administered in accordance with the
laws (including regulations) applicable to the National
Forest System.</DELETED>
<DELETED> (2) Boundaries.--For purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et
seq.), 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.</DELETED>
<DELETED> (3) Management of j-i ranch.--</DELETED>
<DELETED> (A) In general.--On the date on which the
Secretary acquires the J-I Ranch parcel described in
section 4(c)(1)(D), the Secretary shall manage the land
to allow Yavapai and Apache Indian tribes--</DELETED>
<DELETED> (i) to access the land;
and</DELETED>
<DELETED> (ii) to undertake traditional
activities relating to the gathering of
acorns.</DELETED>
<DELETED> (B) Authority of secretary.--On receipt of
a request from the Yavapai or Apache Indian tribe, the
Secretary may temporarily or seasonally close to the
public any portion of the J-I Ranch during the period
in which the Yavapai or Apache Indian tribe carries out
any activity described in subparagraph
(A)(ii).</DELETED>
<DELETED> (b) Rock Climbing.--</DELETED>
<DELETED> (1) In general.--Before consummating the land
exchange under section 4, Resolution Copper shall pay to the
Secretary $1,250,000.</DELETED>
<DELETED> (2) Use of funds.--The Secretary shall use the
amount described in paragraph (1), without further
appropriation, to construct or improve road access, turnouts,
trails, camping, parking areas, or other facilities to promote
and enhance rock climbing, bouldering, and such other outdoor
recreational opportunities as the Secretary determines to be
appropriate--</DELETED>
<DELETED> (A) in the general area north of Arizona
State Highway 60 encompassing the parcel described in
section 4(c)(1)(F) and adjacent National Forest land to
the north of that parcel (commonly known as the ``upper
Pond area''); or</DELETED>
<DELETED> (B) in the areas commonly known as
``Inconceivables'' and ``Chill Hill'' located in or
adjacent to secs. 26, 35, and 36, T. 2 S., R. 12 E.,
Gila and Salt River Meridian.</DELETED>
<DELETED> (3) Timing.--To the maximum extent practicable,
the Secretary shall use the amount described in paragraph (1)
during the 2-year period beginning on the date of consummation
of the land exchange under section 4.</DELETED>
<DELETED> (4) The pond parcel work.--</DELETED>
<DELETED> (A) In general.--To improve rock climbing
opportunities in the parcel described in section
4(c)(1)(F) and the upper Pond area, Resolution Copper,
in consultation with the Secretary and rock climbing
interests, may construct roads or improve road access
to, construct trails, camping, parking areas, or other
facilities on, or provide other access to, the Pond
parcel described in section 4(c)(1)(F) before the date
of the conveyance under section 4(c).</DELETED>
<DELETED> (B) Costs.--Resolution Copper shall pay
the cost of any activity carried out under subparagraph
(A), in addition to the amount specified in paragraph
(1).</DELETED>
<DELETED> (c) Land Acquired by Secretary of Interior.--</DELETED>
<DELETED> (1) In general.--Land acquired by the Secretary of
the Interior under this Act shall--</DELETED>
<DELETED> (A) become part of the Federal
administrative area (including the Las Cienegas
National Conservation Area or other national
conservation area, if applicable) within which the land
is located or to which the land is adjacent;
and</DELETED>
<DELETED> (B) be managed in accordance with the laws
(including regulations) applicable to the Federal
administrative area or national conservation area
within which the land is located or to which the land
is adjacent.</DELETED>
<DELETED> (2) Lower san pedro river land.--To preserve and
enhance the natural character and conservation value of the
lower San Pedro River land described in section 4(c)(2)(A), on
acquisition of the land by the Secretary of the Interior, the
land shall be automatically incorporated in, and administered
as part of, the San Pedro Riparian National Conservation
Area.</DELETED>
<DELETED> (d) Withdrawal.--On acquisition by the United States of
any land under this Act, subject to valid existing rights and without
further action by the Secretary concerned, the acquired land is
permanently withdrawn from all forms of entry and appropriation under--
</DELETED>
<DELETED> (1) the public land laws (including the mining and
mineral leasing laws); and</DELETED>
<DELETED> (2) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.).</DELETED>
<DELETED>SEC. 10. OAK FLAT CAMPGROUND.</DELETED>
<DELETED> (a) Replacement Campgrounds.--</DELETED>
<DELETED> (1) In general.--Not later than 4 years after the
date of enactment of this Act, the Secretary, in consultation
with Resolution Copper, the Town, and other interested parties,
shall design and construct in the Globe Ranger District of the
Tonto National Forest 1 or more replacement campgrounds for the
Oak Flat Campground (including appropriate access routes to any
replacement campgrounds).</DELETED>
<DELETED> (2) Public facilities.--Any replacement
campgrounds under this subsection shall be designed and
constructed in a manner that adequately (as determined in the
sole discretion of the Secretary) replaces, or improves on, the
facilities, functions, and amenities available to the public at
the Oak Flat Campground.</DELETED>
<DELETED> (b) Costs of Replacement.--Resolution Copper shall pay the
actual cost of designing, constructing, and providing access to any
replacement campgrounds under this subsection, not to exceed
$1,000,000.</DELETED>
<DELETED> (c) Interim Oak Flat Campground Access.--The document
conveying the Federal land to Resolution Copper under section 4(b)
shall specify that--</DELETED>
<DELETED> (1) during the 4-year period beginning on the date
of enactment of this Act, the Secretary shall retain title to,
operate, and maintain the Oak Flat Campground; and</DELETED>
<DELETED> (2) at the end of that 4-year period--</DELETED>
<DELETED> (A) the withdrawal of the Oak Flat
Campground shall be revoked; and</DELETED>
<DELETED> (B) title to the Oak Flat Campground shall
be simultaneously conveyed to Resolution
Copper.</DELETED>
<DELETED> (d) BoulderBlast Competition.--During the 5-year period
beginning on the date of enactment of this Act, the Secretary, in
consultation with Resolution Copper, may issue not more than 1 special
use permit per calendar year to provide public access to the bouldering
area on the Federal land for purposes of the annual ``BoulderBlast''
competition.</DELETED>
<DELETED>SEC. 11. TRADITIONAL ACORN GATHERING AND RELATED ACTIVITIES IN
AND AROUND OAK FLAT CAMPGROUND.</DELETED>
<DELETED> (a) Sense of Congress Regarding Acorn Gathering.--In
addition to the acorn gathering opportunities described in section
9(a)(3)(A)(ii), it is the sense of Congress that, on receipt of a
request from the Apache or Yavapai Indian tribe or any other Indian
tribe during the 180-day period beginning on the date of conveyance of
the Federal land to Resolution Copper under section 4, Resolution
Copper should endeavor to negotiate and execute a revocable
authorization to each applicable Indian tribe to use an area in and
around the Oak Flat Campground for traditional acorn gathering and
related activities.</DELETED>
<DELETED> (b) Area and Terms.--The precise area and terms of use
described in subsection (a)--</DELETED>
<DELETED> (1) shall be agreed to by Resolution Copper and
the applicable Indian tribes; and</DELETED>
<DELETED> (2) may be modified or revoked by Resolution
Copper if Resolution Copper, in consultation with the Indian
tribes, determines that all or a portion of the authorized use
area needs to be closed on a temporary or permanent basis--
</DELETED>
<DELETED> (A) to protect the health or safety of
users; or</DELETED>
<DELETED> (B) to accommodate an exploration or
mining plan of Resolution Copper.</DELETED>
<DELETED>SEC. 12. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.</DELETED>
<DELETED> (a) Annual Production Reporting.--</DELETED>
<DELETED> (1) In general.--Beginning on February 15 of the
first calendar year beginning after the date of commencement of
production of valuable locatable minerals in commercial
quantities (as defined by applicable Federal laws (including
regulations)) from the Federal land conveyed to Resolution
Copper under section 4(b), and annually thereafter, Resolution
Copper shall file with the Secretary of the Interior a report
indicating the quantity of locatable minerals in commercial
quantities produced from the Federal land during the preceding
calendar year.</DELETED>
<DELETED> (2) Report contents.--The reports under paragraph
(1) shall comply with all recordkeeping and reporting
requirements of applicable Federal laws (including regulations)
in effect at the time of production relating to the production
of valuable locatable minerals in commercial quantities on any
federally owned land.</DELETED>
<DELETED> (b) Payment on Production.--If the cumulative production
of valuable locatable minerals in commercial quantities produced from
the Federal land conveyed to Resolution Copper under section 4(b)
exceeds the quantity of production of locatable minerals from the
Federal land used in the royalty income approach analysis under the
Uniform Appraisal Standards for Federal Land Acquisitions prepared
under section 7(a)(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 a
rate equal to--</DELETED>
<DELETED> (1) the Federal royalty rate in effect for the
production of valuable locatable minerals from federally owned
land, if such a rate is enacted before December 31, 2012;
or</DELETED>
<DELETED> (2) if no Federal royalty rate is enacted by the
date described in paragraph (1), the royalty rate used for
purposes of the royalty income approach analysis prepared under
section 7(a)(4)(D).</DELETED>
<DELETED> (c) State Law Unaffected.--Nothing in this Act modifies,
expands, diminishes, amends, or otherwise affects any State law
(including regulations) relating to the imposition, application,
timing, or collection of a State excise or severance tax under Arizona
Revised Statutes 42-5201-5206.</DELETED>
<DELETED> (d) Use of Funds.--The funds paid to the United States
under this section shall--</DELETED>
<DELETED> (1) be deposited in a special account of the
Treasury; and</DELETED>
<DELETED> (2) remain available, without further
appropriation, to the Secretary and the Secretary of the
Interior, as the Secretaries jointly determine to be
appropriate, for the acquisition of land or interests in land
from willing sellers in the State of Arizona.</DELETED>
<DELETED>SEC. 13. MISCELLANEOUS PROVISIONS.</DELETED>
<DELETED> (a) Revocation of Orders; Withdrawal.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 l970 (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, subject to the valid existing rights of
Resolution Copper, until the date of the conveyance of Federal
land under section 4(b).</DELETED>
<DELETED> (b) Maps, Estimates, and Descriptions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Conflict.--If there is a conflict between a
map, an acreage estimate, or a description of land under this
Act, the map shall control unless the Secretary concerned and
Resolution Copper mutually agree otherwise.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Arizona Land Exchange and
Conservation Act of 2009''.
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 January 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 entitled ``Southeast Arizona Land
Exchange and Conservation 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-Federal land'' means
the parcels of land owned by Resolution Copper that are
described in section 4(a).
(5) Oak flat withdrawal area.--The term ``Oak Flat
Withdrawal Area'' means the approximately 760 acres of land
depicted on the map entitled ``Oak Flat Withdrawal Area'' and
dated January 2009.
(6) 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.
(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 determines that the public interest would be
well served by making the exchange, the Secretary shall convey to
Resolution 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 provided 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 Management Act of 1976 (43 U.S.C. 1716) and other
applicable 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 extent practicable
under the National Environmental 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 environmental
review document, which shall be used as the basis for
all decisions under Federal law related to the land
exchange and connected agency 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 Environmental 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
(ii) the extraction of minerals in
commercial quantities by Resolution Copper on
or under the Federal land.
(c) Conditions on Acceptance.--
(1) Title.--Title to any non-Federal land conveyed 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 administered 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-government consultation with affected Indian tribes
concerning issues related to the exchange, in accordance with
applicable laws (including regulations).
(e) 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.
(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 Professional
Appraisal Practice.
(B) Final appraised value.--
(i) In general.--After the final appraised
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 approval by the Secretary of the
final appraised value.
(ii) Reappraisal.--Nothing in this
subparagraph precludes the Secretary, prior to
entering into an exchange agreement with
Resolution Copper, from requiring a reappraisal
or update of the final appraisal if the
Secretary determines that such reappraisal or
update is necessary.
(iii) 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.
(C) Public review.--Before implementing 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) Additional appraisal information.--
(A) In general.--The appraiser selected under this
subsection shall prepare a detailed income
capitalization approach analysis, in accordance with
the appraisal requirements referred to in paragraph
(2)(A), of the market value of the Federal land, even
if the income capitalization approach analysis is not
the appraisal approach relied on by the appraiser to
determine the market value of the Federal land.
(B) Inclusion in final appraisal report.--The
income capitalization approach analysis under
subparagraph (A) shall be included in the final
appraisal report of the Federal 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 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 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 National Forest
System in the State.
(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) except as provided in section 9, the surplus
value of the non-Federal land shall be considered to be
a donation by Resolution Copper 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 mineral 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 require.
(3) Termination.--The authorization for Resolution Copper
to undertake mineral exploration activities under this
subsection shall terminate on the earlier of--
(A) the date the land is conveyed to Resolution
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 compensation, 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 environmental 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 making 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.
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 located in
Gila County, Arizona, depicted on the map entitled
``Southeast Arizona Land Conservation Act of 2009-Non-
Federal Parcel-Turkey 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 Conservation Act of 2009-Non-
Federal Parcel-Tangle Creek'' and dated January 2009;
(C) the approximately 149 acres of land located in
Maricopa County, Arizona, depicted on the map entitled
``Southeast Arizona Land Conservation 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-Federal Parcel-East Clear Creek'' and dated
January 2009;
(E) the approximately 95 acres of land located in
Pinal County, Arizona, depicted on the map entitled
``Southeast Arizona Land Conservation Act of 2009-Non-
Federal Parcel-The Pond'' and dated January 2009; and
(F) the approximately 110 acres of land located in
Pinal County, Arizona, depicted on the map entitled
``Southeast Arizona Land Conservation Act of 2009-Non-
Federal Parcel-Apache Leap South End'' and dated
January 2009, subject to the retained right of
Resolution 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 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 depicted on the map entitled
``Dripping Springs'' and dated June 3, 2009; 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
``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 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. 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 conservation
area.--
(i) In general.--The following land shall
be added to, and administered as part of, the
San Pedro Riparian National Conservation Area
in accordance with the laws (including
regulations) applicable to the Conservation
Area:
(I) The land acquired by the
Secretary of the Interior under
subsection (a)(2)(A).
(II) Any land acquired by the
Secretary of the Interior which is
adjacent to the San Pedro Riparian
National 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
Riparian 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 conveyed 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--
(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 outdoor 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 improve 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 national forest land--
(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 considered in determining the value of
the Federal and non-Federal 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 exchange, beginning
on February 15 of the first calendar year beginning after the
date of commencement of production of valuable locatable
minerals in commercial quantities from the Federal land
conveyed to Resolution Copper under section 3, and annually
thereafter, Resolution Copper shall file with the Secretary of
the Interior a report indicating the quantity of locatable
minerals produced in commercial quantities from the Federal
land during the preceding calendar year.
(2) 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 3 exceeds the
quantity of production of locatable minerals from the Federal land used
in the income capitalization approach analysis prepared 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 assumed
for the income capitalization approach analysis prepared under section
3(e)(3).
(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.--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, for the
acquisition of land for addition to the National Forest System in the
State.
SEC. 7. WITHDRAWAL.
Subject to valid existing rights, Apache Leap and any land acquired
by the United States under this Act is 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, 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
applicable 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.
SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA.
(a) Conveyances.--
(1) In general.--On request from the Town and subject to
the provisions of this section, the Secretary shall convey to
the Town the following:
(A) Approximately 30 acres of land as depicted on
the map entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2009-Federal Parcel-Fairview
Cemetery'' and dated January 2009.
(B) The reversionary interest and any reserved
mineral interest of the United States in the
approximately 265 acre of land located in Pinal County,
Arizona, as depicted on the map entitled ``Southeast
Arizona Land Exchange and Conservation Act of 2009-
Federal Reversionary Interest-Superior Airport'' and
dated January 2009.
(C) The approximately 250 acres of land located in
Pinal County, Arizona, as depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2009-Federal Parcel-Superior Airport Contiguous
Parcels'' and dated January 2009.
(b) Payment.--
(1) In general.--The Town shall pay to the Secretary the
fair market value for each parcel of land or interest in land
acquired under this section, as determined by appraisals
conducted in accordance with section 3(e).
(2) Reduction.--If the final appraised value of the non-
Federal land exceeds the value of the Federal land under
section 3--
(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-Federal land conveyed to the
United States; and
(B) the amount donated by Resolution Copper to the
United States shall be reduced accordingly.
(c) Sisk Act.--Any payment received by the Secretary from the Town
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, for the acquisition of land for addition to the National
Forest System in the State.
(d) Terms and Conditions.--The conveyances under this section shall
be subject to such terms and conditions as the Secretary may require.
Calendar No. 279
111th CONGRESS
2d Session
S. 409
[Report No. 111-129]
_______________________________________________________________________
A BILL
To secure Federal ownership and management of significant natural,
scenic, and recreational resources, to provide for the protection of
cultural resources, to facilitate the efficient extraction of mineral
resources by authorizing and directing an exchange of Federal and non-
Federal land, and for other purposes.
_______________________________________________________________________
March 2, 2010
Reported with an amendment