1.This Act may be cited as the
Copper Basin Jobs
Act
.
2.In this Act:
(1)The term Apache Leap means the approximately
822 acres of land depicted on the map entitled Apache Leap
and
dated January 2009.
(2)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)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)The term non-Federal land means the parcels of
land owned by Resolution Copper that are described in section 4(a).
(5)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)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)The
term Secretary means the Secretary of Agriculture.
(8)The
term State means the State of Arizona.
(9)The
term Town means the town of Superior, Arizona.
3.
(a)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)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)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)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)
(1)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)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 tribesPrior 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)
(1)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)
(A)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)
(i)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)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)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)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)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 reportThe 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)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)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)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 proceedsAny 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 landIf 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)
(1)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)Any
activities undertaken in accordance with this subsection shall be subject to
such terms and conditions as the Secretary may require.
(3)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)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)
(1)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)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.
4.Conveyance and
management of non-Federal land
(a)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)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)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 fundFor 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)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)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)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 areaLand 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)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
).
5.Recreational
access and improvements
(a)Recreational
access and facilities
(1)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)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)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)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).
6.Value adjustment
payment to United States
(a)Annual
production reporting
(1)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)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)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)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)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.
7.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.
8.
(a)
(1)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)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)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)
(1)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)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.
9.Conveyances to
town of superior, Arizona
(a)
(1)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)
(1)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)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)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)The conveyances under this section shall be subject to
such terms and conditions as the Secretary may require.