[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4880 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4880

  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 HOUSE OF REPRESENTATIVES

                             March 18, 2010

 Mrs. Kirkpatrick of Arizona introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copper Basin Jobs Act''.

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 acres 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.
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