3.0.0 1904 2023-01-11T13:22:14Z 2023-01-11T13:22:14Z House H HR 2011-05-13 112 [Pages H3302-H3303]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. GOSAR:H.R. 1904.Congress has the power to enact this legislation pursuantto the following:This bill addresses federal transfer of federal land.Accordingly, we turn to the following constitutionalauthority:[[Page H3303]]Article IV of the Constitution provides the authority ofCongress over federal property as a general matter. ArticleIV, Sec. 3 refers to the managerial authority over propertyowned by the Federal Government, and provides in relevantpart:The Congress shall have Power to dispose of and make allneedful Rules and Regulations respecting the Territory orother Property belonging to the United States; . . .By virtue of this enumerated power, Congress has governingauthority over the lands, territories, or other property ofthe United States--and with this authority Congress is vestedwith the power accredited to all owners in fee, the power tosell, lease, dispose, exchange, transfer, trade, mine, orsimply preserve land. The appropriate acreage to be heldunder Federal dominance is not the subject of this bill.Turning to the power of Article IV, Sec. 3, the Supreme Courthas described this enumerated grant as one ``withoutlimitation'' Kleppe v. New Mexico, 426 U.S. 529, 542-543(1976) (``And while the furthest reaches of the power grantedby the Property Clause have not yet been definitivelyresolved, we have repeatedly observed that `[t]he power overthe public land thus entrusted to Congress is withoutlimitations.' Citing United States v. San Francisco, 310 U.S.29. The Court in Kleppe further explained that ``In short,Congress exercises the powers both of a proprietor and of alegislature over the public domain.'' Id. Like any``proprietor'' Congress has the power to sell or exchangefederal property.It is now generally accepted that the Federal Governmentmay own and manage property in the manner and form mandatedby Congress. United States v. Gratiot, 39 U.S. 526 (1840);Cornfield v. United States, 167 U.S. 518 (1897). However, thewisdom of the Federal Government owning large tracts of land,particularly in the Western States, is subject to question onpolicy grounds, and some contend on Constitutional groundsbased on the decision in Pollard's Lessee v. Hagan, 44 U.S.212 (where the Court stated that ``a proper examination ofthis subject will show that the United States never held anymunicipal sovereignty, jurisdiction, or right of soil in andto the territory of which Alabama or any of the new Stateswere formed, except for temporary purposes. . . .''Historically, the early federal government transferredownership of federal property to either private ownership orto state ownership in order to pay off the then crushingRevolutionary War debts and to assist with the development ofinfrastructure. These are still acceptable goals for federalproperty sale or transfer.The land exchange here is one that comports with goodpolicy and constitutional strictures since by exchanging theland set forth in this bill, a large commercial grade coppermine will be able to proceed with the attendant economicbenefits with which such a proposition inures (assumingcompliance with other requirements set forth in the bill),but the Federal Government also gains equally valuable landthat has significance for other purposes.Article 1, Sec. 8, Cl. 17 addresses property ceded by astate and conveys exclusive regulatory federal jurisdictionover these federal properties and enclaves. Section 8, Cl, 17may also provide some guidance here to the extent it grantsCongress the power to ``exercise like Authority over allPlaces purchased by the Consent of the Legislature of theState in which the Same shall be, for the Erection of Forts,Magazines, Arsenals, dock-Yards and other needfulBuildings.'' But it is Article IV that this bill is grounde[...]]]> sseg00 Energy and Natural Resources Committee Senate Standing Hearings by 2012-02-09T14:30:58Z Referred to 2011-10-31T20:08:34Z hsii00 Natural Resources Committee House Standing hsii10 Federal Lands Subcommittee Discharged from 2011-07-13T14:15:27Z Hearings by 2011-06-14T15:38:42Z Referred to 2011-05-26T20:32:14Z Reported by 2011-10-14T18:48:31Z Markup by 2011-07-13T13:53:55Z Referred to 2011-05-13T13:04:05Z H. Rept. 112-246 Providing for consideration of the bill (H.R. 1904) 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. 112 444 HRES 2011-10-25 Motion to reconsider laid on the table Agreed to without objection. 15:28:18 Procedurally-related House 2012-02-09 sseg00 Energy and Natural Resources Committee Senate Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-486. Committee 2011-10-31 sseg00 Energy and Natural Resources Committee Senate Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources. IntroReferral 2011-10-26 16:58:31 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2011-10-26 16:58:30 On passage Passed by recorded vote: 235 - 186 (Roll no. 809). Floor H37100 2 House floor actions 809 https://clerk.house.gov/evs/2011/roll809.xml House 112 2011-10-26T20:58:30Z 1 2011-10-26 16:58:30 Passed/agreed to in House: On passage Passed by recorded vote: 235 - 186 (Roll no. 809). Floor 8000 9 Library of Congress 809 https://clerk.house.gov/evs/2011/roll809.xml House 112 2011-10-26T20:58:30Z 1 2011-10-26 16:51:49 On motion to recommit with instructions Failed by recorded vote: 187 - 237 (Roll no. 808). Floor H36110 2 House floor actions hsii00 Natural Resources Committee 808 https://clerk.house.gov/evs/2011/roll808.xml House 112 2011-10-26T20:51:49Z 1 2011-10-26 16:34:10 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7111) Floor H8A000 2 House floor actions 2011-10-26 16:26:17 DEBATE - The House proceeded with 10 minutes of debate on the Deutch motion to recommit with instructions. The instructions in the motion seek to report the same to the House with an amendment to add language to prevent land exchanges with companies doing business with Iran. Floor H8D000 2 House floor actions 2011-10-26 16:24:46 Mr. Deutch moved to recommit with instructions to Natural Resources. (consideration: CR H7110-7111; text: CR H7110) Floor H36100 2 House floor actions hsii00 Natural Resources Committee 2011-10-26 16:24:12 MOMENT OF SILENCE - The Chair asked that the House now observe a moment of silence in rememberance of our brave men and women in uniform who have given their lives in the service of our nation in Iraq and Afghanistan and their families, and of all who serve in our armed forces and their families. Floor H8D000 2 House floor actions 2011-10-26 16:23:03 The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H7100-7102) Floor H34400 2 House floor actions 2011-10-26 16:22:45 The previous question was ordered pursuant to the rule. (consideration: CR H7110) Floor H35000 2 House floor actions 2011-10-26 16:22:07 The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1904. Floor H32600 2 House floor actions 2011-10-26 15:46:11 The House resolved into Committee of the Whole House on the state of the Union for further consideration. Floor H32050 2 House floor actions 2011-10-26 15:45:28 Considered as unfinished business. (consideration: CR H7108-7112) Floor H30000 2 House floor actions 2011-10-26 15:04:29 Committee of the Whole House on the state of the Union rises leaving H.R. 1904 as unfinished business. Floor H32700 2 House floor actions 2011-10-26 15:04:18 On motion that the committee rise Agreed to by voice vote. Floor H32341 2 House floor actions 2011-10-26 15:03:59 Mr. Hastings (WA) moved that the committee rise. Floor H32340 2 House floor actions 2011-10-26 15:03:41 POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. Floor H8D000 2 House floor actions 2011-10-26 14:52:09 DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment. Floor H8D000 2 House floor actions 2011-10-26 14:51:22 POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. Floor H8D000 2 House floor actions 2011-10-26 14:40:15 DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment. Floor H8D000 2 House floor actions 2011-10-26 14:39:40 POSTPONED PROCEEDINGS - At the conclusion of debate on the Lujan amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Lujan demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. Floor H8D000 2 House floor actions 2011-10-26 14:29:20 DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment. Floor H8D000 2 House floor actions 2011-10-26 13:22:05 GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1904. Floor H8D000 2 House floor actions 2011-10-26 13:21:55 The Speaker designated the Honorable Tim Murphy to act as Chairman of the Committee. Floor H32400 2 House floor actions 2011-10-26 13:21:54 House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 444 and Rule XVIII. Floor H32020 2 House floor actions 2011-10-26 13:21:28 Rule provides for consideration of H.R. 1904 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute, as amended. The resolution waives all points of order against the amendments printed in Part B of the report. Floor H8D000 2 House floor actions 2011-10-26 13:21:23 Considered under the provisions of rule H. Res. 444. (consideration: CR H7108-7112) Floor H30000 2 House floor actions 2011-10-25 15:28:15 Rule H. Res. 444 passed House. Floor H1L220 2 House floor actions 2011-10-24 18:46:13 Rules Committee Resolution H. Res. 444 Reported to House. Rule provides for consideration of H.R. 1904 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute, as amended. The resolution waives all points of order against the amendments printed in Part B of the report. Floor H1L210 2 House floor actions 2011-10-14 Placed on the Union Calendar, Calendar No. 162. Calendars H12410 2 House floor actions U00162 2011-10-14 Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-246. Committee H12200 2 House floor actions hsii00 Natural Resources Committee 2011-10-14 Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-246. Committee 5000 9 Library of Congress hsii00 Natural Resources Committee 2011-07-13 hsii00 Natural Resources Committee 1 House committee actions Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 19. Committee 2011-07-13 hsii00 Natural Resources Committee 1 House committee actions Subcommittee on National Parks, Forests and Public Lands Discharged. Committee 2011-07-13 hsii00 Natural Resources Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2011-06-14 hsii10 Federal Lands Subcommittee 1 House committee actions Subcommittee Hearings Held. Committee 2011-05-26 hsii10 Federal Lands Subcommittee 1 House committee actions Referred to the Subcommittee on National Parks, Forests and Public Lands. Committee 2011-05-13 Referred to the House Committee on Natural Resources. IntroReferral H11100 2 House floor actions hsii00 Natural Resources Committee 2011-05-13 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-05-13 Introduced in House IntroReferral 1000 9 Library of Congress G000565 Rep. Gosar, Paul A. [R-AZ-1] Paul Gosar R AZ A. 1 N F000448 Rep. Franks, Trent [R-AZ-2] Trent Franks R AZ 2 2011-05-13 True Q000024 Rep. Quayle, Benjamin [R-AZ-3] Benjamin Quayle R AZ 3 2011-05-13 True F000444 Rep. Flake, Jeff [R-AZ-6] JEFF FLAKE R AZ 6 2011-05-13 True S001183 Rep. Schweikert, David [R-AZ-5] David Schweikert R AZ 5 2011-05-13 True T000470 Rep. Tipton, Scott R. [R-CO-3] Scott Tipton R CO R. 3 2011-05-26 False M001138 Rep. Manzullo, Donald A. [R-IL-16] DONALD MANZULLO R IL 16 2011-05-26 False C001076 Rep. Chaffetz, Jason [R-UT-3] Jason Chaffetz R UT 3 2011-05-31 False B001250 Rep. Bishop, Rob [R-UT-1] Rob Bishop R UT 1 2011-05-31 False L000571 Rep. Lummis, Cynthia M. [R-WY-At Large] Cynthia Lummis R WY M. 0 2011-06-03 False P000588 Rep. Pearce, Stevan [R-NM-2] Stevan Pearce R NM 2 2011-07-26 False L000569 Rep. Luetkemeyer, Blaine [R-MO-9] Blaine Luetkemeyer R MO 9 2011-10-06 False S000250 Rep. Sessions, Pete [R-TX-32] PETE SESSIONS R TX 32 2011-10-13 False L000574 Rep. Landry, Jeffrey M. [R-LA-3] Jeffrey Landry R LA M. 3 2011-10-14 False B001274 Rep. Brooks, Mo [R-AL-5] Mo Brooks R AL 5 2011-10-14 False C001051 Rep. Carter, John R. [R-TX-31] John Carter R TX R. 31 2011-10-14 False F000461 Rep. Flores, Bill [R-TX-17] Bill Flores R TX 17 2011-10-14 False R000585 Rep. Reed, Tom [R-NY-29] Tom Reed R NY 29 2011-10-14 False W000791 Rep. Walden, Greg [R-OR-2] GREG WALDEN R OR 2 2011-10-14 False M001159 Rep. McMorris Rodgers, Cathy [R-WA-5] Cathy McMorris Rodgers R WA 5 2011-10-14 False Y000033 Rep. Young, Don [R-AK-At Large] DON YOUNG R AK E. 0 2011-10-14 False K000376 Rep. Kelly, Mike [R-PA-3] Mike Kelly R PA 3 2011-10-14 False H001055 Rep. Heck, Joseph J. [R-NV-3] Joseph Heck R NV J. 3 2011-10-14 False A000369 Rep. Amodei, Mark E. [R-NV-2] Mark Amodei R NV E. 2 2011-10-14 False S001186 Rep. Southerland, Steve II [R-FL-2] Steve Southerland R FL 2 2011-10-14 False T000467 Rep. Thompson, Glenn [R-PA-5] Glenn Thompson R PA 5 2011-10-14 False S001188 Rep. Stutzman, Marlin A. [R-IN-3] Marlin Stutzman R IN A. 3 2011-10-14 False L000575 Rep. Lankford, James [R-OK-5] James Lankford R OK 5 2011-10-14 False S001148 Rep. Simpson, Michael K. [R-ID-2] MICHAEL SIMPSON R ID K. 2 2011-10-14 False Public Lands and Natural Resources Arizona Environmental assessment, monitoring, research Forests, forestry, trees Historical and cultural resources Indian lands and resources rights Land transfers Mining Wilderness and natural areas, wildlife refuges, wild rivers, habitats Public Lands and Natural Resources 00 2011-05-13 Introduced in House 2013-02-27T20:24:55Z Southeast Arizona Land Exchange and Conservation Act of 2011 - Authorizes and directs the Secretary of Agriculture (USDA) (the Secretary), if Resolution Copper Mining, LLC offers to convey specified parcels of non-federal land in Gila, Yavapi, Maricopa, Coconino, Pinal, and/or Santa Cruz Counties, Arizona, that are acceptable to the Secretary or the Secretary of the Interior, to convey certain federal land in Pinal County, Arizona, to Resolution Copper.

Requires the Secretary and Resolution Copper to appraise lands exchanged or conveyed under this Act.

Makes the federal lands available to Resolution Copper for use for mining and related activities.

Requires the Secretary, if so requested by Resolution Copper, to issue separate special use permits to it to carry out mineral exploration activities: (1) under the Oak Flat Withdrawal Area if they would not disturb the surface of the area, and (2) within the Withdrawal Area (with the exception of within the Oak Flat Campground) if they are conducted from a single exploratory drill pad located to minimize visual and noise impacts on the Campground.

Makes lands acquired by the Secretary under this Act part of the National Forest within which the land is located.

Adds certain of the non-federal land acquired by the Secretary of the Interior in Gila, Pinal, and/or Santa Cruz Counties to the San Pedro Riparian and Las Cienegas National Conservation Areas.

Instructs Resolution Copper to surrender, without compensation, the rights held by it under mining and other U.S. laws to commercially extract minerals under Apache Leap.

Requires Resolution Copper to make value adjustment payments to the United States based upon locatable minerals produced from the federal land in Pinal County, Arizona.

Authorizes the Secretary to issue to Resolution Copper special use permits that allow it to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that would not disturb the surface.

Requires preparation of a management plan for Apache Leap.

Directs the Secretary to convey specified lands in Pinal County to the town of Superior, Arizona.

]]> 17 2011-10-14 Reported to House with amendment(s) 2013-02-27T20:26:41Z Southeast Arizona Land Exchange and Conservation Act of 2011 - (Sec. 4) Authorizes and directs the Secretary of Agriculture (USDA) (the Secretary), if Resolution Copper Mining, LLC offers to convey specified parcels of non-federal land in Gila, Yavapi, Maricopa, Coconino, Pinal, and/or Santa Cruz Counties, Arizona, that are acceptable to the Secretary or the Secretary of the Interior, to convey certain federal land in Pinal County, Arizona, to Resolution Copper.

Instructs the Secretary to engage in government-to-government consultation with affected Indian tribes on issues related to the land exchange.

Sets forth requirements for appraisals of the federal and non-federal land. Makes the appraisals of the land to be exchanged available for public review.

Requires an appraisal prepared under this Act to include an income capitalization approach analysis of the market value of the federal land, which may be utilized, as appropriate, for determining such land's value, and to be the basis for the calculation of any value adjustment payment under section 6 of this Act.

Requires the values of the land to be exchanged under this Act to be equal or equalized, as specified.

Makes the federal lands available to Resolution Copper for use for mining and related activities.

Requires the Secretary, if so requested by Resolution Copper, to issue separate special use permits to it to carry out mineral exploration activities: (1) under the Oak Flat Withdrawal Area from existing drill pads outside the Area, if they would not disturb the surface of the area; and (2) within the Withdrawal Area (with the exception of within the Oak Flat Campground), if they are conducted from a single exploratory drill pad which is located to minimize visual and noise impacts on the Campground.

Terminates such authorization to undertake such activities in the Oak Flat Withdrawal Area when the Withdrawal Area land is conveyed to Resolution Copper.

Requires Resolution Copper to agree to pay, without compensation, costs that are associated with the land exchange and any environmental review document completed pursuant to this section and agreed to by the Secretary.

Expresses the intent of Congress that the land exchange under this Act be completed within one year of enactment of this Act.

Instructs Resolution Copper to submit a proposed mine plan of operations before starting production in commercial quantities of any valuable mineral from the federal land conveyed under this Act, with the exception of any production from exploration and mine development shafts, adits, and tunnels needed to determine the feasibility and pilot plant testing of production or to access the ore body and tailing deposition areas.

Requires the Secretary, within three years of such submission, to complete preparation of an environmental review document in accordance with the National Environmental Policy Act of 1969 (NEPA), to be used as the basis for all decisions regarding any federal actions or authorizations related to the proposed mine and mine plan, including for the construction of associated power, water, and other ancillary facilities.

(Sec. 5) Requires Resolution Copper, upon receipt of title to the federal land, to convey to the Secretary and Secretary of the Interior the non-federal land that was determined to be acceptable to them.

Makes lands acquired by the Secretary under this section part of the National Forest within which the land is located.

Adds certain of the non-federal land in Pinal County acquired by the Secretary of the Interior to the San Pedro Riparian National Conservation Area. Requires updating of the Conservation Area's management plan to reflect the management requirements of the acquired land.

Requires certain of the non-federal land in Gila and Pinal Counties acquired by the Secretary of the Interior (Dripping Springs) to be managed according to the Federal Land Policy and Management Act of 1976 and applicable land use plans.

Adds certain of the non-federal land in Santa Cruz County acquired by the Secretary of the Interior to the Las Cienegas National Conservation Area.

Instructs Resolution Copper to surrender, without compensation, the rights held by it under mining and other U.S. laws to commercially extract minerals under Apache Leap.

(Sec. 6) Directs Resolution Copper to file annually with the Secretary of the Interior a report that indicates the quantity of valuable locatable minerals produced in commercial quantities from the federal land. Requires Resolution Copper to make value adjustment payments to the United States based upon locatable minerals produced from such land. Requires such Secretary to make such reports available to the state of Arizona.

Prohibits anything in this section from modifying, expanding, diminishing, amending, or otherwise affecting any state law related to the imposition, application, timing, or collection of a state excise or severance tax.

Requires funds paid to the United States under this section to be deposited in a special fund established in the Treasury and made available to the Secretaries to be used to maintain, repair, and rehabilitate projects for Forest Service and Bureau of Land Management (BLM) assets.

(Sec. 7) Withdraws Apache Leap and land acquired by the United States under this Act from: (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) Directs the Secretary to manage Apache Leap so as to preserve its natural character and to protect the archaeological and cultural resources located on it.

Authorizes the Secretary to issue to Resolution Copper special use permits that allow it to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that would not disturb the surface.

Requires preparation of a management plan for Apache Leap.

Prohibits this section's provisions from imposing 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.

(Sec. 9) Directs the Secretary, upon request by the town of Superior, Arizona, to convey specified lands in Pinal County to the town.

Requires the town to pay the fair market value for each acquired parcel of land or interest, as determined by appraisals conducted in accordance with section 4 of this Act.

Requires any payment received by the Secretary from the town to be deposited in the fund established under the Sisk Act and made available for the acquisition of land for addition to the National Forest System.

(Sec. 10) Revokes any public land order that withdraws the federal land from appropriation or disposal under a public land law to the extent necessary to permit the disposal of such land.

Withdraws the federal land or any federal interest in the non-federal land to be exchanged under section 4 of this Act, if not already 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), from entry and appropriation without further action required by the Secretary.

Terminates such withdrawal: (1) upon the completion of the land exchange, or (2) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from such exchange.

Prohibits anything in this Act from interfering with, limiting, or otherwise impairing the unpatented mining claims or rights currently held by Resolution Copper on the federal land or in any way changing, diminishing, qualifying, or otherwise impacting Resolution Copper's rights and ability to conduct activities on such land under such claims and U.S. general mining laws.

]]> 36 2011-10-26 Passed House amended 2013-02-27T20:25:56Z Southeast Arizona Land Exchange and Conservation Act of 2011 - (Sec. 4) Authorizes and directs the Secretary of Agriculture (USDA) (the Secretary), if Resolution Copper Mining, LLC offers to convey specified parcels of non-federal land in Gila, Yavapi, Maricopa, Coconino, Pinal, and/or Santa Cruz Counties, Arizona, that are acceptable to the Secretary or the Secretary of the Interior, to convey certain federal land in Pinal County, Arizona, to Resolution Copper.

Instructs the Secretary to engage in government-to-government consultation with affected Indian tribes on issues related to the land exchange.

Sets forth requirements for appraisals of the federal and non-federal land. Makes the appraisals of the land to be exchanged available for public review.

Requires an appraisal prepared under this Act to include an income capitalization approach analysis of the market value of the federal land, which may be utilized, as appropriate, for determining such land's value, and to be the basis for the calculation of any value adjustment payment under section 6 of this Act.

Requires the values of the land to be exchanged under this Act to be equal or equalized, as specified.

Makes the federal lands available to Resolution Copper for use for mining and related activities.

Requires the Secretary, if so requested by Resolution Copper, to issue separate special use permits to it to carry out mineral exploration activities: (1) under the Oak Flat Withdrawal Area from existing drill pads outside the Area, if they would not disturb the surface of the area; and (2) within the Withdrawal Area (with the exception of within the Oak Flat Campground), if they are conducted from a single exploratory drill pad which is located to minimize visual and noise impacts on the Campground.

Terminates such authorization to undertake such activities in the Oak Flat Withdrawal Area when the Withdrawal Area land is conveyed to Resolution Copper.

Requires Resolution Copper to agree to pay, without compensation, costs that are associated with the land exchange and any environmental review document completed pursuant to this section and agreed to by the Secretary.

Expresses the intent of Congress that the land exchange under this Act be completed within one year of enactment of this Act.

Instructs Resolution Copper to submit a proposed mine plan of operations before starting production in commercial quantities of any valuable mineral from the federal land conveyed under this Act, with the exception of any production from exploration and mine development shafts, adits, and tunnels needed to determine the feasibility and pilot plant testing of production or to access the ore body and tailing deposition areas.

Requires the Secretary, within three years of such submission, to complete preparation of an environmental review document in accordance with the National Environmental Policy Act of 1969 (NEPA), to be used as the basis for all decisions regarding any federal actions or authorizations related to the proposed mine and mine plan, including for the construction of associated power, water, and other ancillary facilities.

(Sec. 5) Requires Resolution Copper, upon receipt of title to the federal land, to convey to the Secretary and Secretary of the Interior the non-federal land that was determined to be acceptable to them.

Makes lands acquired by the Secretary under this section part of the National Forest within which the land is located.

Adds certain of the non-federal land in Pinal County acquired by the Secretary of the Interior to the San Pedro Riparian National Conservation Area. Requires updating of the Conservation Area's management plan to reflect the management requirements of the acquired land.

Requires certain of the non-federal land in Gila and Pinal Counties acquired by the Secretary of the Interior (Dripping Springs) to be managed according to the Federal Land Policy and Management Act of 1976 and applicable land use plans.

Adds certain of the non-federal land in Santa Cruz County acquired by the Secretary of the Interior to the Las Cienegas National Conservation Area.

Instructs Resolution Copper to surrender, without compensation, the rights held by it under mining and other U.S. laws to commercially extract minerals under Apache Leap.

(Sec. 6) Directs Resolution Copper to file annually with the Secretary of the Interior a report that indicates the quantity of valuable locatable minerals produced in commercial quantities from the federal land. Requires Resolution Copper to make value adjustment payments to the United States based upon locatable minerals produced from such land. Requires such Secretary to make such reports available to the state of Arizona.

Prohibits anything in this section from modifying, expanding, diminishing, amending, or otherwise affecting any state law related to the imposition, application, timing, or collection of a state excise or severance tax.

Requires funds paid to the United States under this section to be deposited in a special fund established in the Treasury and made available, in such amounts as are provided in advance in appropriation Acts, to the Secretaries to be used to maintain, repair, and rehabilitate projects for Forest Service and Bureau of Land Management (BLM) assets.

(Sec. 7) Withdraws Apache Leap and land acquired by the United States under this Act from: (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) Directs the Secretary to manage Apache Leap so as to preserve its natural character and to protect the archaeological and cultural resources located on it.

Authorizes the Secretary to issue to Resolution Copper special use permits that allow it to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that would not disturb the surface.

Requires preparation of a management plan for Apache Leap.

Prohibits this section's provisions from imposing 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.

(Sec. 9) Directs the Secretary, upon request by the town of Superior, Arizona, to convey specified lands in Pinal County to the town.

Requires the town to pay the fair market value for each acquired parcel of land or interest, as determined by appraisals conducted in accordance with section 4 of this Act.

Requires any payment received by the Secretary from the town to be deposited in the fund established under the Sisk Act and made available, in such amounts as are provided in advance in appropriation Acts, for the acquisition of land for addition to the National Forest System.

(Sec. 10) Revokes any public land order that withdraws the federal land from appropriation or disposal under a public land law to the extent necessary to permit the disposal of such land.

Withdraws the federal land or any federal interest in the non-federal land to be exchanged under section 4 of this Act, if not already 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), from entry and appropriation without further action required by the Secretary.

Terminates such withdrawal: (1) upon the completion of the land exchange, or (2) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from such exchange.

Prohibits anything in this Act from interfering with, limiting, or otherwise impairing the unpatented mining claims or rights currently held by Resolution Copper on the federal land or in any way changing, diminishing, qualifying, or otherwise impacting Resolution Copper's rights and ability to conduct activities on such land under such claims and U.S. general mining laws.

]]> Southeast Arizona Land Exchange and Conservation Act of 2011 Display Title Southeast Arizona Land Exchange and Conservation Act of 2011 Short Titles as Introduced Southeast Arizona Land Exchange and Conservation Act of 2011 Short Titles as Reported to House Southeast Arizona Land Exchange and Conservation Act of 2011 H House Short Titles as Passed House Southeast Arizona Land Exchange and Conservation Act of 2011 H House Official Title as Introduced 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. 846 112 HAMDT 2022-02-03T06:01:54Z Rules Committee 2011-10-26T04:00:00Z House of Representatives 112 HR House H 1904 Southeast Arizona Land Exchange and Conservation Act of 2011 2023-01-11T13:22:14Z 2 2011-10-26 House amendment offered Floor 71000 9 Library of Congress 845 112 HAMDT Amendment sought to require that the remote operations center for the proposed mine be located in the local community, that the company actively recruit and hire local employees, that all ore produced from the mine be processed in the United States and that all equipment used at the mine be made in the United States. An amendment numbered 3 printed in Part B of House Report 112-258 to require that the remote operations center for the proposed mine be located in the local community, that the company actively recruit and hire local employees, that all ore produced from the mine be processed in the United States and that all equipment used at the mine be made in the United States. 2022-02-03T06:01:54Z 2011-10-26 On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 182 - 240 (Roll no. 807). 16:21:34 Roll no. 807 https://clerk.house.gov/evs/2011/roll807.xml G000551 Rep. Grijalva, Raúl M. [D-AZ-7] Raúl Grijalva D AZ M. 7 2011-10-26T04:00:00Z House of Representatives 112 HR House H 1904 Southeast Arizona Land Exchange and Conservation Act of 2011 2023-01-11T13:22:14Z House Report 112-258 https://www.congress.gov/congressional-report/112th-congress/house-report/258 8 2011-10-26 16:21:34 On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 182 - 240 (Roll no. 807). Floor H32111 2 House floor actions 807 House 112 2011-10-26T20:21:34Z 1 https://clerk.house.gov/evs/2011/roll807.xml 2011-10-26 14:51:42 Amendment (A003) offered by Mr. Grijalva. (consideration: CR H7106-7107, H7109-7110; text: CR H7106) Floor H3A100 2 House floor actions 2011-10-26 16:21:34 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 807 House 112 2011-10-26T20:21:34Z 1 https://clerk.house.gov/evs/2011/roll807.xml 2011-10-26 14:51:42 House amendment offered/reported by: Amendment (A003) offered by Mr. Grijalva.(consideration: CR H7106-7107, H7109-7110; text: CR H7106) NotUsed 71500 9 Library of Congress 2011-10-26 16:21:34 House amendment not agreed to: On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 182 - 240 (Roll no. 807). Floor 73000 9 Library of Congress 807 House 112 2011-10-26T20:21:34Z 1 https://clerk.house.gov/evs/2011/roll807.xml 2011-10-26 16:21:34 Roll call votes on amendments in House Floor 75000 9 Library of Congress 807 House 112 2011-10-26T20:21:34Z 1 https://clerk.house.gov/evs/2011/roll807.xml 2011-10-26 House amendment offered Floor 71000 9 Library of Congress 844 112 HAMDT Amendment sought to require, as a condition of the land exchange authorized by the bill, that Resolution Copper pay an 8% royalty to the United States on all locatable minerals produced in commercial quantities from the Federal land the company receives in the exchange. An amendment numbered 2 printed in Part B of House Report 112-258 to require, as a condition of the land exchange authorized by the bill, that Resolution Copper pay an 8% royalty to the United States on all locatable minerals produced in commercial quantities from the Federal land the company receives in the exchange. 2022-02-03T06:01:54Z 2011-10-26 On agreeing to the Markey amendment (A002) Failed by recorded vote: 173 - 238 (Roll no. 806). 16:16:04 Roll no. 806 https://clerk.house.gov/evs/2011/roll806.xml M000133 Rep. Markey, Edward J. [D-MA-7] Edward Markey D MA J. 7 2011-10-26T04:00:00Z House of Representatives 112 HR House H 1904 Southeast Arizona Land Exchange and Conservation Act of 2011 2023-01-11T13:22:14Z House Report 112-258 https://www.congress.gov/congressional-report/112th-congress/house-report/258 8 2011-10-26 16:16:04 On agreeing to the Markey amendment (A002) Failed by recorded vote: 173 - 238 (Roll no. 806). Floor H32111 2 House floor actions 806 House 112 2011-10-26T20:16:04Z 1 https://clerk.house.gov/evs/2011/roll806.xml 2011-10-26 14:39:54 Amendment (A002) offered by Mr. Markey. (consideration: CR H7104-7106, H7108-7109; text: CR H7104-7105) Floor H3A100 2 House floor actions 2011-10-26 16:16:04 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 806 House 112 2011-10-26T20:16:04Z 1 https://clerk.house.gov/evs/2011/roll806.xml 2011-10-26 14:39:54 House amendment offered/reported by: Amendment (A002) offered by Mr. Markey.(consideration: CR H7104-7106, H7108-7109; text: CR H7104-7105) NotUsed 71500 9 Library of Congress 2011-10-26 16:16:04 House amendment not agreed to: On agreeing to the Markey amendment (A002) Failed by recorded vote: 173 - 238 (Roll no. 806). Floor 73000 9 Library of Congress 806 House 112 2011-10-26T20:16:04Z 1 https://clerk.house.gov/evs/2011/roll806.xml 2011-10-26 16:16:04 Roll call votes on amendments in House Floor 75000 9 Library of Congress 806 House 112 2011-10-26T20:16:04Z 1 https://clerk.house.gov/evs/2011/roll806.xml 2011-10-26 House amendment offered Floor 71000 9 Library of Congress 843 112 HAMDT Amendment sought to exempt all Native American sacred and cultural sites from the land conveyance. An amendment numbered 1 printed in Part B of House Report 112-258 to exempt all Native American sacred and cultural sites from the land conveyance. 2022-02-03T06:01:54Z 2011-10-26 On agreeing to the Lujan amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 805). 16:12:21 Roll no. 805 https://clerk.house.gov/evs/2011/roll805.xml L000570 Rep. Lujan, Ben Ray [D-NM-3] Ben Lujan D NM R. 3 2011-10-26T04:00:00Z House of Representatives 112 HR House H 1904 Southeast Arizona Land Exchange and Conservation Act of 2011 2023-01-11T13:22:14Z House Report 112-258 https://www.congress.gov/congressional-report/112th-congress/house-report/258 8 2011-10-26 16:12:21 On agreeing to the Lujan amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 805). Floor H32111 2 House floor actions 805 House 112 2011-10-26T20:12:21Z 1 https://clerk.house.gov/evs/2011/roll805.xml 2011-10-26 14:28:40 Amendment (A001) offered by Mr. Lujan. (consideration: CR H7102-7104, H7108; text: CR H7102-7103) Floor H3A100 2 House floor actions 2011-10-26 16:12:21 House amendment not agreed to: On agreeing to the Lujan amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 805). Floor 73000 9 Library of Congress 805 House 112 2011-10-26T20:12:21Z 1 https://clerk.house.gov/evs/2011/roll805.xml 2011-10-26 16:12:21 Roll call votes on amendments in House Floor 75000 9 Library of Congress 805 House 112 2011-10-26T20:12:21Z 1 https://clerk.house.gov/evs/2011/roll805.xml 2011-10-26 16:12:21 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 805 House 112 2011-10-26T20:12:21Z 1 https://clerk.house.gov/evs/2011/roll805.xml 2011-10-26 14:28:40 House amendment offered/reported by: Amendment (A001) offered by Mr. Lujan.(consideration: CR H7102-7104, H7108; text: CR H7102-7103) NotUsed 71500 9 Library of Congress 2011-10-26 House amendment offered Floor 71000 9 Library of Congress Referred in Senate 2011-10-31T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr1904rfs/xml/BILLS-112hr1904rfs.xml Engrossed in House 2011-10-26T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr1904eh/xml/BILLS-112hr1904eh.xml Reported in House 2011-10-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr1904rh/xml/BILLS-112hr1904rh.xml Introduced in House 2011-05-13T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr1904ih/xml/BILLS-112hr1904ih.xml 2012-02-09 Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-486. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.