[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Reported in Senate (RS)]

                                                       Calendar No. 279
111th CONGRESS
  2d Session
                                 S. 409

                          [Report No. 111-129]

  To secure Federal ownership and management of significant natural, 
 scenic, and recreational resources, to provide for the protection of 
 cultural resources, to facilitate the efficient extraction of mineral 
 resources by authorizing and directing an exchange of Federal and non-
                 Federal land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2009

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             March 2, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To secure Federal ownership and management of significant natural, 
 scenic, and recreational resources, to provide for the protection of 
 cultural resources, to facilitate the efficient extraction of mineral 
 resources by authorizing and directing an exchange of Federal and non-
                 Federal land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Southeast Arizona Land 
Exchange and Conservation Act of 2009''.</DELETED>

<DELETED>SEC. 2. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (1) to authorize, direct, facilitate, and expedite 
        the conveyance and exchange of land between the United States 
        and Resolution Copper;</DELETED>
        <DELETED>    (2) to provide for the permanent protection of 
        cultural resources and uses of the Apache Leap escarpment 
        located near the town of Superior, Arizona; and</DELETED>
        <DELETED>    (3) to secure Federal ownership and protection of 
        land with significant natural, scenic, recreational, water, 
        riparian, cultural and other resources.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Apache leap.--The term ``Apache Leap'' means 
        the approximately 822 acres of land (including the 
        approximately 110 acres of land of Resolution Copper described 
        in section 4(c)(1)(G)), as depicted on the map entitled 
        ``Apache Leap'' and dated January 2009.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the approximately 2,406 acres of land located in Pinal County, 
        Arizona, depicted on the map entitled ``Southeast Arizona Land 
        Exchange and Conservation Act of 2009-Federal Parcel-Oak Flat'' 
        and dated January 2009.</DELETED>
        <DELETED>    (3) Non-federal land.--The term ``non-Federal 
        land'' means each parcel of land described in section 
        4(c).</DELETED>
        <DELETED>    (4) Oak flat campground.--The term ``Oak Flat 
        Campground'' means the campground that is--</DELETED>
                <DELETED>    (A) comprised of approximately 16 
                developed campsites and adjacent acreage at a total of 
                approximately 50 acres; and</DELETED>
                <DELETED>    (B) depicted on the map entitled ``Oak 
                Flat Campground'' and dated January 2009.</DELETED>
        <DELETED>    (5) Oak flat withdrawal area.--The term ``Oak Flat 
        Withdrawal Area'' means the approximately 760 acres of land 
        depicted on the map entitled ``Oak Flat Withdrawal Area'' and 
        dated January 2009.</DELETED>
        <DELETED>    (6) Resolution copper.--The term ``Resolution 
        Copper'' means--</DELETED>
                <DELETED>    (A) Resolution Copper Mining, LLC, a 
                Delaware limited liability company; and</DELETED>
                <DELETED>    (B) any successor, assign, affiliate, 
                member, or joint venturer of Resolution Copper Mining, 
                LLC.</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (8) Secretary concerned.--The term ``Secretary 
        concerned'' means the Secretary of Agriculture or the Secretary 
        of the Interior, as applicable.</DELETED>
        <DELETED>    (9) Town.--The term ``Town'' means the Town of 
        Superior, Arizona, an incorporated municipality.</DELETED>

<DELETED>SEC. 4. LAND CONVEYANCES AND EXCHANGES.</DELETED>

<DELETED>    (a) Purposes.--The purposes of the land conveyances and 
exchanges under this section are--</DELETED>
        <DELETED>    (1) to secure Federal ownership and protection of 
        significant natural, scenic, and recreational resources; 
        and</DELETED>
        <DELETED>    (2) to facilitate efficient extraction of mineral 
        resources.</DELETED>
<DELETED>    (b) Offer by Resolution Copper.--</DELETED>
        <DELETED>    (1) In general.--Subject to section 9(b)(1), if 
        Resolution Copper submits to the Secretary of Agriculture a 
        written offer, in accordance with paragraph (2), to convey to 
        the United States all right, title, and interest of Resolution 
        Copper in and to the non-Federal land, the Secretary shall--
        </DELETED>
                <DELETED>    (A) accept the offer; and</DELETED>
                <DELETED>    (B) convey to Resolution Copper all right, 
                title, and interest of the United States in and to the 
                Federal land, subject to--</DELETED>
                        <DELETED>    (i) section 10(c); and</DELETED>
                        <DELETED>    (ii) any valid existing right or 
                        title reservation, easement, or other exception 
                        required by law or agreed to by the Secretary 
                        concerned and Resolution Copper.</DELETED>
        <DELETED>    (2) Requirements.--Title to any non-Federal land 
        conveyed by Resolution Copper to the United States under 
        paragraph (1) shall--</DELETED>
                <DELETED>    (A) be in a form that is acceptable to the 
                Secretary concerned; and</DELETED>
                <DELETED>    (B) conform to the title approval 
                standards of the Attorney General of the United States 
                applicable to land acquisitions by the Federal 
                Government.</DELETED>
<DELETED>    (c) Resolution Copper Land Exchange.--On receipt of title 
to the Federal land under subsection (b)(1)(B), Resolution Copper shall 
simultaneously convey--</DELETED>
        <DELETED>    (1) to the Secretary of Agriculture, all right, 
        title, and interest that the Secretary determines to be 
        acceptable in and to--</DELETED>
                <DELETED>    (A) the approximately 147 acres of land 
                located in Gila County, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Turkey 
                Creek'' and dated January 2009;</DELETED>
                <DELETED>    (B) the approximately 148 acres of land 
                located in Yavapai County Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Tangle 
                Creek'' and dated January 2009;</DELETED>
                <DELETED>    (C) the approximately 149 acres of land 
                located in Maricopa County, Arizona, depicted on the 
                map entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Cave 
                Creek'' and dated January 2009;</DELETED>
                <DELETED>    (D) the approximately 88 acres of land 
                located in Pinal County, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-J-I Ranch'' 
                and dated January 2009;</DELETED>
                <DELETED>    (E) the approximately 640 acres of land 
                located in Coconino County, Arizona, depicted on the 
                map entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-East Clear 
                Creek'' and dated January 2009;</DELETED>
                <DELETED>    (F) the approximately 95 acres of land 
                located in Pinal County, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-The Pond'' 
                and dated January 2009; and</DELETED>
                <DELETED>    (G) subject to the retained rights under 
                subsection (d)(2), the approximately 110 acres of land 
                located in Pinal County, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Apache Leap 
                South End'' and dated January 2009; and</DELETED>
        <DELETED>    (2) to the Secretary of the Interior, all right, 
        title, and interest that the Secretary of the Interior 
        determines to be acceptable in and to--</DELETED>
                <DELETED>    (A) the approximately 3,073 acres of land 
                located in Pinal County, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Lower San 
                Pedro River'' and dated January 2009;</DELETED>
                <DELETED>    (B) the approximately 160 acres of land 
                located in Gila and Pinal Counties, Arizona, depicted 
                on the map entitled ``Southeast Arizona Land Exchange 
                and Conservation Act of 2009-Non-Federal Parcel-
                Dripping Springs'' and dated January 2009; 
                and</DELETED>
                <DELETED>    (C) the approximately 956 acres of land 
                located in Santa Cruz County, Arizona, depicted on the 
                map entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Non-Federal Parcel-Appleton 
                Ranch'' and dated January 2009.</DELETED>
<DELETED>    (d) Additional Consideration to United States.--</DELETED>
        <DELETED>    (1) Surrender of rights.--Subject to paragraph 
        (2), in addition to the non-Federal land to be conveyed to the 
        United States under subsection (c), and as a condition of the 
        land exchange under this section, Resolution Copper shall 
        surrender to the United States, without compensation, the 
        rights held by Resolution Copper under mining and other laws of 
        the United States--</DELETED>
                <DELETED>    (A) to commercially extract minerals 
                under--</DELETED>
                        <DELETED>    (i) Apache Leap; or</DELETED>
                        <DELETED>    (ii) the parcel identified in 
                        subsection (c)(1)(F); and</DELETED>
                <DELETED>    (B) to disturb the surface of Apache Leap, 
                except with respect to such fences, signs, monitoring 
                wells, and other devices, instruments, or improvements 
                as are necessary to monitor the public health and 
                safety or achieve other appropriate administrative 
                purposes, as determined by the Secretary, in 
                consultation with Resolution Copper.</DELETED>
        <DELETED>    (2) Exploration activities.--Nothing in this Act 
        prohibits Resolution Copper from using any existing mining 
        claim held by Resolution Copper on Apache Leap, or from 
        retaining any right held by Resolution Copper to the parcel 
        described in subsection (c)(1)(G), to carry out any underground 
        activities under Apache Leap in a manner that the Secretary 
        determines will not adversely impact the surface of Apache Leap 
        (including drilling or locating any tunnels, shafts, or other 
        facilities relating to mining, monitoring, or collecting 
        geological or hydrological information) that do not involve 
        commercial mineral extraction under Apache Leap.</DELETED>
<DELETED>    (e) Use of Equalization Payment.--</DELETED>
        <DELETED>    (1) Payment.--Resolution Copper shall pay into the 
        Federal Land Disposal Account established by section 206(a) of 
        the Federal Land Transaction Facilitation Act (43 U.S.C. 
        2305(a)) (or any successor account) any cash equalization funds 
        owed by Resolution Copper to the United States under section 
        7(b)(1), to remain available until expended, without further 
        appropriation, to the Secretary and the Secretary of the 
        Interior, as the Secretaries jointly determine to be 
        appropriate, for--</DELETED>
                <DELETED>    (A) the acquisition from willing sellers 
                of land or interests in land within the hydrographic 
                boundary of the San Pedro River and tributaries in the 
                State of Arizona; and</DELETED>
                <DELETED>    (B) the management and protection of 
                endangered species and other sensitive environmental 
                values and land within the San Pedro Riparian National 
                Conservation Area established by section 101(a) of the 
                Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 
                460xx(a)) (including any additions to the area), 
                including management under any cooperative management 
                agreement entered into by the Secretary of the Interior 
                and a State or local agency under section 103(c) of 
                that Act (16 U.S.C. 460xx-2(c)).</DELETED>
        <DELETED>    (2) Period of use.--To the maximum extent 
        feasible, the amount paid into the Federal Land Disposal 
        Account by Resolution Copper under paragraph (1) shall be used 
        by the Secretary and the Secretary of the Interior during the 
        2-year period beginning on the date of payment.</DELETED>
        <DELETED>    (3) Cooperative management agreements.--The 
        Secretary of the Interior may enter into such cooperative 
        management agreements with qualified organizations (as defined 
        in section 170(h) of the Internal Revenue Code of 1986) as the 
        Secretary of the Interior determines to be appropriate to 
        administer portions of the San Pedro Riparian National 
        Conservation Area.</DELETED>

<DELETED>SEC. 5. TIMING AND PROCESSING OF EXCHANGE.</DELETED>

<DELETED>    (a) Sense of Congress Regarding Timing of Exchange.--It is 
the sense of Congress that the land exchange directed by section 4 
should be consummated by not later than 1 year after the date of 
enactment of this Act.</DELETED>
<DELETED>    (b) Exchange Processing.--Before the date of consummation 
of the exchange under section 4, the Secretary concerned shall complete 
any necessary land surveys and required preexchange clearances, 
reviews, mitigation activities, and approvals relating to--</DELETED>
        <DELETED>    (1) threatened or endangered species;</DELETED>
        <DELETED>    (2) cultural or historic resources;</DELETED>
        <DELETED>    (3) wetland or floodplains; or</DELETED>
        <DELETED>    (4) hazardous materials.</DELETED>
<DELETED>    (c) Post-exchange Processing.--Before commencing 
production in commercial quantities of any valuable mineral from the 
Federal land conveyed to Resolution Copper under section 4(b)(1)(B) 
(except for any such production from any exploration and mine 
development shafts, adits, and tunnels needed to determine feasibility 
and pilot plant testing of commercial production or to access the ore 
body and tailings deposition areas), the Secretary shall publish an 
environmental impact statement in accordance with section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4322(2)(C)) 
regarding any Federal agency action carried out relating to the 
commercial production, including an analysis of the impacts of the 
production.</DELETED>
<DELETED>    (d) Oak Flat Withdrawal Area Restriction.--</DELETED>
        <DELETED>    (1) Mineral exploration.--To ensure the collection 
        and consideration of adequate information to analyze possible 
        commercial production of minerals by Resolution Copper from the 
        Oak Flat Withdrawal Area, notwithstanding any other provision 
        of law, Resolution Copper may carry out mineral exploration 
        activities under the Oak Flat Withdrawal Area during the period 
        beginning on the date of enactment of this Act and ending on 
        the date of conveyance of the Oak Flat Withdrawal Area to 
        Resolution Copper under section 4(b)(1)(B) by directional 
        drilling or any other method that will not disturb the surface 
        of the land.</DELETED>
        <DELETED>    (2) Sense of congress regarding permit.--It is the 
        sense of Congress that the Secretary should issue to Resolution 
        Copper a permit to conduct appropriate directional drilling or 
        other nonsurface-disturbing exploration in the Oak Flat 
        Withdrawal Area as soon as practicable after the date of 
        enactment of this Act.</DELETED>
<DELETED>    (e) Exchange and Post-exchange Costs.--In accordance with 
sections 254.4 and 254.7 of title 36, Code of Federal Regulations (or 
successor regulations), Resolution Copper shall assume responsibility 
for--</DELETED>
        <DELETED>    (1) hiring such contractors as are necessary for 
        carrying out any exchange or conveyance of land under this Act; 
        and</DELETED>
        <DELETED>    (2) paying, without compensation under section 
        254.7 of title 36, Code of Federal Regulations (or a successor 
        regulation)--</DELETED>
                <DELETED>    (A) the costs of any appraisal relating to 
                an exchange or conveyance under this Act, including any 
                reasonable reimbursements to the Secretary on request 
                of the Secretary for the cost of reviewing and 
                approving an appraisal;</DELETED>
                <DELETED>    (B) the costs of any clearances, reviews, 
                mitigation activities, and approvals under subsection 
                (b), including any necessary land surveys conducted by 
                the Bureau of Land Management Cadastral Survey 
                program;</DELETED>
                <DELETED>    (C) the costs of achieving compliance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) under subsection (c); 
                and</DELETED>
                <DELETED>    (D) any other cost agreed to by Resolution 
                Copper and the Secretary concerned.</DELETED>
<DELETED>    (f) Contractor Work and Approvals.--</DELETED>
        <DELETED>    (1) In general.--Any work relating to the exchange 
        or conveyance of land under this Act that is performed by a 
        contractor shall be subject to the mutual agreement of the 
        Secretary concerned and Resolution Copper, including any 
        agreement with respect to--</DELETED>
                <DELETED>    (A) the selection of the contractor; 
                and</DELETED>
                <DELETED>    (B) the scope of work performed by the 
                contractor.</DELETED>
        <DELETED>    (2) Review and approval.--Any required review and 
        approval of work by a contractor shall be performed by the 
        Secretary concerned, in accordance with applicable law 
        (including regulations).</DELETED>
        <DELETED>    (3) Lead actor agreement.--The Secretary of 
        Agriculture and the Secretary of the Interior may mutually 
        agree to designate the Secretary of Agriculture as the lead 
        actor for any action under this subsection.</DELETED>

<DELETED>SEC. 6. CONVEYANCE OF LAND TO TOWN.</DELETED>

<DELETED>    (a) Conveyance Requirements.--</DELETED>
        <DELETED>    (1) In general.--On receipt of a request from the 
        Town described in paragraph (2), the Secretary shall convey to 
        the Town each parcel requested.</DELETED>
        <DELETED>    (2) Description of request.--A request referred to 
        in paragraph (1) is a request by the Town--</DELETED>
                <DELETED>    (A) for the conveyance of 1 or more of the 
                parcels identified in subsection (b); and</DELETED>
                <DELETED>    (B) that is submitted to the Secretary by 
                not later than 90 days after the date of consummation 
                of the land exchange under section 4.</DELETED>
        <DELETED>    (3) Price.--The Town shall pay to the Secretary a 
        price equal to the market value of any land conveyed under this 
        subsection, as appraised under section 7, less the amount of 
        any credit under section 7(b)(3).</DELETED>
<DELETED>    (b) Identification of Parcels.--The Town may request 
conveyance of any of--</DELETED>
        <DELETED>    (1) the approximately 30 acres of land located in 
        Pinal County, Arizona, occupied on the date of enactment of 
        this Act by the Fairview Cemetery and depicted on the map 
        entitled ``Southeast Arizona Land Exchange and Conservation Act 
        of 2009-Federal Parcel-Fairview Cemetery'' and dated January 
        2009;</DELETED>
        <DELETED>    (2) the reversionary interest, and any reserved 
        mineral interest, of the United States in the approximately 265 
        acres of land located in Pinal County, Arizona, depicted on the 
        map entitled ``Southeast Arizona Land Exchange and Conservation 
        Act of 2009-Federal Reversionary Interest-Superior Airport'' 
        and dated January 2009; and</DELETED>
        <DELETED>    (3) all or any portion of the approximately 250 
        acres of land located in Pinal County, Arizona, depicted on the 
        map entitled ``Southeast Arizona Land Exchange and Conservation 
        Act of 2009-Federal Parcel-Superior Airport Contiguous 
        Parcels'' and dated January 2009.</DELETED>
<DELETED>    (c) Condition of Conveyance.--A conveyance of land under 
this section shall be carried out in a manner that provides the United 
States manageable boundaries on any parcel retained by the Secretary, 
to the maximum extent practicable.</DELETED>

<DELETED>SEC. 7. VALUATION OF LAND EXCHANGED OR CONVEYED.</DELETED>

<DELETED>    (a) Exchange Valuation.--</DELETED>
        <DELETED>    (1) In general.--The value of the land to be 
        exchanged under section 4 or conveyed to the Town under section 
        6 shall be determined by the Secretary through concurrent 
        appraisals conducted in accordance with paragraph 
        (2).</DELETED>
        <DELETED>    (2) Appraisals.--</DELETED>
                <DELETED>    (A) In general.--An appraisal under this 
                section shall be--</DELETED>
                        <DELETED>    (i) performed by an appraiser 
                        mutually agreed to by the Secretary and 
                        Resolution Copper;</DELETED>
                        <DELETED>    (ii) performed in accordance 
                        with--</DELETED>
                                <DELETED>    (I) the Uniform Appraisal 
                                Standards for Federal Land Acquisitions 
                                (Department of Justice, 5th Edition, 
                                December 20, 2000);</DELETED>
                                <DELETED>    (II) the Uniform Standards 
                                of Professional Appraisal Practice; 
                                and</DELETED>
                                <DELETED>    (III) Forest Service 
                                appraisal instructions; and</DELETED>
                        <DELETED>    (iii) submitted to the Secretary 
                        for review and approval.</DELETED>
                <DELETED>    (B) Reappraisals and updated appraised 
                values.--After the final appraised value of a parcel is 
                determined and approved under subparagraph (A), the 
                Secretary shall not be required to reappraise or update 
                the final appraised value--</DELETED>
                        <DELETED>    (i) for a period of 3 years after 
                        the approval by the Secretary of the final 
                        appraised value under subparagraph (A)(iii); 
                        or</DELETED>
                        <DELETED>    (ii) at all, in accordance with 
                        section 254.14 of title 36, Code of Federal 
                        Regulations (or a successor regulation), after 
                        an exchange agreement is entered into by 
                        Resolution Copper and the Secretary.</DELETED>
                <DELETED>    (C) Public review.--Before consummating 
                the land exchange under section 4, the Secretary shall 
                make available for public review a summary of the 
                appraisals of the land to be exchanged.</DELETED>
        <DELETED>    (3) Failure to agree.--If the Secretary and 
        Resolution Copper fail to agree on the value of a parcel to be 
        exchanged, the final value of the parcel shall be determined in 
        accordance with section 206(d) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1716(d)).</DELETED>
        <DELETED>    (4) Federal land appraisal.--</DELETED>
                <DELETED>    (A) In general.--The Federal land shall be 
                appraised in accordance with the standards and 
                instructions referred to in paragraph (2)(A)(ii) and 
                other applicable requirements of this 
                section.</DELETED>
                <DELETED>    (B) Treatment as unencumbered.--The value 
                of the Federal land outside the Oak Flat Withdrawal 
                Area shall be determined as if the land is unencumbered 
                by any unpatented mining claims of Resolution 
                Copper.</DELETED>
                <DELETED>    (C) Effect.--Nothing in this Act affects 
                the validity of any unpatented mining claim or right of 
                Resolution Copper.</DELETED>
                <DELETED>    (D) Additional appraisal information.--To 
                provide information necessary to calculate a value 
                adjustment payment for purposes of section 12, the 
                appraiser under this paragraph shall include in the 
                appraisal report a detailed royalty income approach 
                analysis, in accordance with the Uniform Appraisal 
                Standards for Federal Land Acquisition, of the market 
                value of the Federal land, even if the royalty income 
                approach analysis is not the appraisal approach relied 
                on by the appraiser to determine the final market value 
                of the Federal land.</DELETED>
<DELETED>    (b) Equalization of Value.--</DELETED>
        <DELETED>    (1) Surplus of federal land value.--</DELETED>
                <DELETED>    (A) In general.--If the final appraised 
                value of the Federal land exceeds the value of the non-
                Federal land involved in the exchange under section 4, 
                Resolution Copper shall make a cash equalization 
                payment into the Federal Land Disposal Account (as 
                provided in subsection (e)) to equalize the values of 
                the Federal land and non-Federal land.</DELETED>
                <DELETED>    (B) Amount of payment.--Notwithstanding 
                section 206(b) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716(b)), the United 
                States may accept a cash equalization payment under 
                subparagraph (A) in an amount that is greater than 25 
                percent of the value of the Federal land.</DELETED>
        <DELETED>    (2) Surplus of non-federal land value.--If the 
        final appraised value of the non-Federal land exceeds the value 
        of the Federal land involved in the exchange under section 4--
        </DELETED>
                <DELETED>    (A) the United States shall not make a 
                payment to Resolution Copper to equalize the values of 
                the land; and</DELETED>
                <DELETED>    (B) the surplus value of the non-Federal 
                land shall be considered to be a donation by Resolution 
                Copper to the United States.</DELETED>
        <DELETED>    (3) Payment for land conveyed to town.--</DELETED>
                <DELETED>    (A) In general.--The Town shall pay the 
                Secretary market value for any land acquired by the 
                Town from the Secretary under section 6, as determined 
                by the Secretary through an appraisal conducted in 
                accordance with subsection (a)(2).</DELETED>
                <DELETED>    (B) Credit.--If the final appraised value 
                of the non-Federal land exceeds the value of the 
                Federal land in the exchange under section 4, the 
                obligation of the Town to pay the United States under 
                subparagraph (A) shall be reduced by an amount equal to 
                the excess value of the non-Federal land conveyed to 
                the United States.</DELETED>
        <DELETED>    (4) Disposition and use of proceeds.--</DELETED>
                <DELETED>    (A) Cash equalization payments.--Any cash 
                equalization payment under paragraph (1)(A) shall be 
                deposited, without further appropriation, in the 
                Federal Land Disposal Account for use in accordance 
                with section 4(e).</DELETED>
                <DELETED>    (B) Payment for land conveyed to town.--
                Any payment received by the Secretary from the Town 
                under paragraph (3)(A) shall be--</DELETED>
                        <DELETED>    (i) deposited in the fund 
                        established under Public Law 90-171 (commonly 
                        known as the ``Sisk Act'') (16 U.S.C. 484a); 
                        and</DELETED>
                        <DELETED>    (ii) made available to the 
                        Secretary, without further appropriation, for 
                        the acquisition of land for addition to the 
                        National Forest System in the State of 
                        Arizona.</DELETED>

<DELETED>SEC. 8. APACHE LEAP PROTECTION AND MANAGEMENT.</DELETED>

<DELETED>    (a) Apache Leap Protection and Management.--</DELETED>
        <DELETED>    (1) In general.--To permanently protect the 
        cultural, historic, educational, and natural resource values of 
        Apache Leap, effective beginning on the date of enactment of 
        this Act, the Secretary shall--</DELETED>
                <DELETED>    (A) manage Apache Leap in accordance with 
                the laws (including regulations) applicable to the 
                National Forest System; and</DELETED>
                <DELETED>    (B) place special emphasis on preserving 
                the natural character of Apache Leap.</DELETED>
        <DELETED>    (2) Withdrawal.--Subject to the valid existing 
        rights of Resolution Copper under section 4(d)(2), effective 
        beginning on the date of enactment of this Act, Apache Leap 
        shall be permanently withdrawn from all forms of entry and 
        appropriation under--</DELETED>
                <DELETED>    (A) the public land laws (including the 
                mining and mineral leasing laws); and</DELETED>
                <DELETED>    (B) the Geothermal Steam Act of 1970 (30 
                U.S.C. 1001 et seq.).</DELETED>
<DELETED>    (b) Additional Protections, Analysis, and Plan.--
</DELETED>
        <DELETED>    (1) Management plan.--Not later than 4 years after 
        the date of enactment of this Act, the Secretary, in 
        consultation with the Town, Resolution Copper, the Yavapai and 
        Apache Indian tribes, and other interested members of the 
        public, shall solicit public comment regarding, and initiate 
        implementation of, a management plan for Apache Leap.</DELETED>
        <DELETED>    (2) Planning considerations.--The plan described 
        in paragraph (1) shall examine, among other matters, whether 
        Apache Leap should be managed to establish--</DELETED>
                <DELETED>    (A) additional cultural and historical 
                resource protections or measures, including permanent 
                or seasonal closures of any portion of Apache Leap to 
                protect cultural or archeological resources;</DELETED>
                <DELETED>    (B) additional or alternative public 
                access routes, trails, and trailheads to Apache Leap; 
                or</DELETED>
                <DELETED>    (C) additional opportunities (including 
                appropriate access) for rock climbing, with special 
                emphasis on improved rock climbing access to Apache 
                Leap from the west.</DELETED>
<DELETED>    (c) Mining Activities.--Nothing in this section imposes 
any restriction on any exploration or mining activity carried out by 
Resolution Copper outside of Apache Leap after the date of enactment of 
this Act.</DELETED>

<DELETED>SEC. 9. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED 
              LAND.</DELETED>

<DELETED>    (a) Land Acquired by Secretary.--</DELETED>
        <DELETED>    (1) In general.--Land acquired by the Secretary 
        under this Act shall--</DELETED>
                <DELETED>    (A) become part of the National Forest 
                within which the land is located; and</DELETED>
                <DELETED>    (B) be administered in accordance with the 
                laws (including regulations) applicable to the National 
                Forest System.</DELETED>
        <DELETED>    (2) Boundaries.--For purposes of section 7 of the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et 
        seq.), the boundaries of a National Forest in which land 
        acquired by the Secretary is located shall be deemed to be the 
        boundaries of that forest as in existence on January 1, 
        1965.</DELETED>
        <DELETED>    (3) Management of j-i ranch.--</DELETED>
                <DELETED>    (A) In general.--On the date on which the 
                Secretary acquires the J-I Ranch parcel described in 
                section 4(c)(1)(D), the Secretary shall manage the land 
                to allow Yavapai and Apache Indian tribes--</DELETED>
                        <DELETED>    (i) to access the land; 
                        and</DELETED>
                        <DELETED>    (ii) to undertake traditional 
                        activities relating to the gathering of 
                        acorns.</DELETED>
                <DELETED>    (B) Authority of secretary.--On receipt of 
                a request from the Yavapai or Apache Indian tribe, the 
                Secretary may temporarily or seasonally close to the 
                public any portion of the J-I Ranch during the period 
                in which the Yavapai or Apache Indian tribe carries out 
                any activity described in subparagraph 
                (A)(ii).</DELETED>
<DELETED>    (b) Rock Climbing.--</DELETED>
        <DELETED>    (1) In general.--Before consummating the land 
        exchange under section 4, Resolution Copper shall pay to the 
        Secretary $1,250,000.</DELETED>
        <DELETED>    (2) Use of funds.--The Secretary shall use the 
        amount described in paragraph (1), without further 
        appropriation, to construct or improve road access, turnouts, 
        trails, camping, parking areas, or other facilities to promote 
        and enhance rock climbing, bouldering, and such other outdoor 
        recreational opportunities as the Secretary determines to be 
        appropriate--</DELETED>
                <DELETED>    (A) in the general area north of Arizona 
                State Highway 60 encompassing the parcel described in 
                section 4(c)(1)(F) and adjacent National Forest land to 
                the north of that parcel (commonly known as the ``upper 
                Pond area''); or</DELETED>
                <DELETED>    (B) in the areas commonly known as 
                ``Inconceivables'' and ``Chill Hill'' located in or 
                adjacent to secs. 26, 35, and 36, T. 2 S., R. 12 E., 
                Gila and Salt River Meridian.</DELETED>
        <DELETED>    (3) Timing.--To the maximum extent practicable, 
        the Secretary shall use the amount described in paragraph (1) 
        during the 2-year period beginning on the date of consummation 
        of the land exchange under section 4.</DELETED>
        <DELETED>    (4) The pond parcel work.--</DELETED>
                <DELETED>    (A) In general.--To improve rock climbing 
                opportunities in the parcel described in section 
                4(c)(1)(F) and the upper Pond area, Resolution Copper, 
                in consultation with the Secretary and rock climbing 
                interests, may construct roads or improve road access 
                to, construct trails, camping, parking areas, or other 
                facilities on, or provide other access to, the Pond 
                parcel described in section 4(c)(1)(F) before the date 
                of the conveyance under section 4(c).</DELETED>
                <DELETED>    (B) Costs.--Resolution Copper shall pay 
                the cost of any activity carried out under subparagraph 
                (A), in addition to the amount specified in paragraph 
                (1).</DELETED>
<DELETED>    (c) Land Acquired by Secretary of Interior.--</DELETED>
        <DELETED>    (1) In general.--Land acquired by the Secretary of 
        the Interior under this Act shall--</DELETED>
                <DELETED>    (A) become part of the Federal 
                administrative area (including the Las Cienegas 
                National Conservation Area or other national 
                conservation area, if applicable) within which the land 
                is located or to which the land is adjacent; 
                and</DELETED>
                <DELETED>    (B) be managed in accordance with the laws 
                (including regulations) applicable to the Federal 
                administrative area or national conservation area 
                within which the land is located or to which the land 
                is adjacent.</DELETED>
        <DELETED>    (2) Lower san pedro river land.--To preserve and 
        enhance the natural character and conservation value of the 
        lower San Pedro River land described in section 4(c)(2)(A), on 
        acquisition of the land by the Secretary of the Interior, the 
        land shall be automatically incorporated in, and administered 
        as part of, the San Pedro Riparian National Conservation 
        Area.</DELETED>
<DELETED>    (d) Withdrawal.--On acquisition by the United States of 
any land under this Act, subject to valid existing rights and without 
further action by the Secretary concerned, the acquired land is 
permanently withdrawn from all forms of entry and appropriation under--
</DELETED>
        <DELETED>    (1) the public land laws (including the mining and 
        mineral leasing laws); and</DELETED>
        <DELETED>    (2) the Geothermal Steam Act of 1970 (30 U.S.C. 
        1001 et seq.).</DELETED>

<DELETED>SEC. 10. OAK FLAT CAMPGROUND.</DELETED>

<DELETED>    (a) Replacement Campgrounds.--</DELETED>
        <DELETED>    (1) In general.--Not later than 4 years after the 
        date of enactment of this Act, the Secretary, in consultation 
        with Resolution Copper, the Town, and other interested parties, 
        shall design and construct in the Globe Ranger District of the 
        Tonto National Forest 1 or more replacement campgrounds for the 
        Oak Flat Campground (including appropriate access routes to any 
        replacement campgrounds).</DELETED>
        <DELETED>    (2) Public facilities.--Any replacement 
        campgrounds under this subsection shall be designed and 
        constructed in a manner that adequately (as determined in the 
        sole discretion of the Secretary) replaces, or improves on, the 
        facilities, functions, and amenities available to the public at 
        the Oak Flat Campground.</DELETED>
<DELETED>    (b) Costs of Replacement.--Resolution Copper shall pay the 
actual cost of designing, constructing, and providing access to any 
replacement campgrounds under this subsection, not to exceed 
$1,000,000.</DELETED>
<DELETED>    (c) Interim Oak Flat Campground Access.--The document 
conveying the Federal land to Resolution Copper under section 4(b) 
shall specify that--</DELETED>
        <DELETED>    (1) during the 4-year period beginning on the date 
        of enactment of this Act, the Secretary shall retain title to, 
        operate, and maintain the Oak Flat Campground; and</DELETED>
        <DELETED>    (2) at the end of that 4-year period--</DELETED>
                <DELETED>    (A) the withdrawal of the Oak Flat 
                Campground shall be revoked; and</DELETED>
                <DELETED>    (B) title to the Oak Flat Campground shall 
                be simultaneously conveyed to Resolution 
                Copper.</DELETED>
<DELETED>    (d) BoulderBlast Competition.--During the 5-year period 
beginning on the date of enactment of this Act, the Secretary, in 
consultation with Resolution Copper, may issue not more than 1 special 
use permit per calendar year to provide public access to the bouldering 
area on the Federal land for purposes of the annual ``BoulderBlast'' 
competition.</DELETED>

<DELETED>SEC. 11. TRADITIONAL ACORN GATHERING AND RELATED ACTIVITIES IN 
              AND AROUND OAK FLAT CAMPGROUND.</DELETED>

<DELETED>    (a) Sense of Congress Regarding Acorn Gathering.--In 
addition to the acorn gathering opportunities described in section 
9(a)(3)(A)(ii), it is the sense of Congress that, on receipt of a 
request from the Apache or Yavapai Indian tribe or any other Indian 
tribe during the 180-day period beginning on the date of conveyance of 
the Federal land to Resolution Copper under section 4, Resolution 
Copper should endeavor to negotiate and execute a revocable 
authorization to each applicable Indian tribe to use an area in and 
around the Oak Flat Campground for traditional acorn gathering and 
related activities.</DELETED>
<DELETED>    (b) Area and Terms.--The precise area and terms of use 
described in subsection (a)--</DELETED>
        <DELETED>    (1) shall be agreed to by Resolution Copper and 
        the applicable Indian tribes; and</DELETED>
        <DELETED>    (2) may be modified or revoked by Resolution 
        Copper if Resolution Copper, in consultation with the Indian 
        tribes, determines that all or a portion of the authorized use 
        area needs to be closed on a temporary or permanent basis--
        </DELETED>
                <DELETED>    (A) to protect the health or safety of 
                users; or</DELETED>
                <DELETED>    (B) to accommodate an exploration or 
                mining plan of Resolution Copper.</DELETED>

<DELETED>SEC. 12. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.</DELETED>

<DELETED>    (a) Annual Production Reporting.--</DELETED>
        <DELETED>    (1) In general.--Beginning on February 15 of the 
        first calendar year beginning after the date of commencement of 
        production of valuable locatable minerals in commercial 
        quantities (as defined by applicable Federal laws (including 
        regulations)) from the Federal land conveyed to Resolution 
        Copper under section 4(b), and annually thereafter, Resolution 
        Copper shall file with the Secretary of the Interior a report 
        indicating the quantity of locatable minerals in commercial 
        quantities produced from the Federal land during the preceding 
        calendar year.</DELETED>
        <DELETED>    (2) Report contents.--The reports under paragraph 
        (1) shall comply with all recordkeeping and reporting 
        requirements of applicable Federal laws (including regulations) 
        in effect at the time of production relating to the production 
        of valuable locatable minerals in commercial quantities on any 
        federally owned land.</DELETED>
<DELETED>    (b) Payment on Production.--If the cumulative production 
of valuable locatable minerals in commercial quantities produced from 
the Federal land conveyed to Resolution Copper under section 4(b) 
exceeds the quantity of production of locatable minerals from the 
Federal land used in the royalty income approach analysis under the 
Uniform Appraisal Standards for Federal Land Acquisitions prepared 
under section 7(a)(4)(D), Resolution Copper shall pay to the United 
States, by not later than March 15 of each applicable calendar year, a 
value adjustment payment for the quantity of excess production at a 
rate equal to--</DELETED>
        <DELETED>    (1) the Federal royalty rate in effect for the 
        production of valuable locatable minerals from federally owned 
        land, if such a rate is enacted before December 31, 2012; 
        or</DELETED>
        <DELETED>    (2) if no Federal royalty rate is enacted by the 
        date described in paragraph (1), the royalty rate used for 
        purposes of the royalty income approach analysis prepared under 
        section 7(a)(4)(D).</DELETED>
<DELETED>    (c) State Law Unaffected.--Nothing in this Act modifies, 
expands, diminishes, amends, or otherwise affects any State law 
(including regulations) relating to the imposition, application, 
timing, or collection of a State excise or severance tax under Arizona 
Revised Statutes 42-5201-5206.</DELETED>
<DELETED>    (d) Use of Funds.--The funds paid to the United States 
under this section shall--</DELETED>
        <DELETED>    (1) be deposited in a special account of the 
        Treasury; and</DELETED>
        <DELETED>    (2) remain available, without further 
        appropriation, to the Secretary and the Secretary of the 
        Interior, as the Secretaries jointly determine to be 
        appropriate, for the acquisition of land or interests in land 
        from willing sellers in the State of Arizona.</DELETED>

<DELETED>SEC. 13. MISCELLANEOUS PROVISIONS.</DELETED>

<DELETED>    (a) Revocation of Orders; Withdrawal.--</DELETED>
        <DELETED>    (1) Revocation of orders.--Any public land order 
        that withdraws the Federal land from appropriation or disposal 
        under a public land law shall be revoked to the extent 
        necessary to permit disposal of the land.</DELETED>
        <DELETED>    (2) Withdrawal.--On the date of enactment of this 
        Act, if the Federal land or any Federal interest in the non-
        Federal land to be exchanged under section 4 is not withdrawn 
        or segregated from entry and appropriation under a public land 
        law (including mining and mineral leasing laws and the 
        Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.)), the 
        land or interest shall be withdrawn, without further action 
        required by the Secretary concerned, from entry and 
        appropriation, subject to the valid existing rights of 
        Resolution Copper, until the date of the conveyance of Federal 
        land under section 4(b).</DELETED>
<DELETED>    (b) Maps, Estimates, and Descriptions.--</DELETED>
        <DELETED>    (1) Minor errors.--The Secretary concerned and 
        Resolution Copper, may correct, by mutual agreement, any minor 
        errors in any map, acreage estimate, or description of any land 
        conveyed or exchanged under this Act.</DELETED>
        <DELETED>    (2) Conflict.--If there is a conflict between a 
        map, an acreage estimate, or a description of land under this 
        Act, the map shall control unless the Secretary concerned and 
        Resolution Copper mutually agree otherwise.</DELETED>
        <DELETED>    (3) Availability.--On the date of enactment of 
        this Act, the Secretary shall file and make available for 
        public inspection in the Office of the Supervisor, Tonto 
        National Forest, each map referred to in this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southeast Arizona Land Exchange and 
Conservation Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Apache leap.--The term ``Apache Leap'' means the 
        approximately 822 acres of land depicted on the map entitled 
        ``Apache Leap'' and dated January 2009.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 2,406 acres of land located in Pinal County, 
        Arizona, depicted on the map entitled ``Southeast Arizona Land 
        Exchange and Conservation Act of 2009-Federal Parcel-Oak Flat'' 
        and dated January 2009.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4)  Non-federal land.--The term ``non-Federal land'' means 
        the parcels of land owned by Resolution Copper that are 
        described in section 4(a).
            (5) Oak flat withdrawal area.--The term ``Oak Flat 
        Withdrawal Area'' means the approximately 760 acres of land 
        depicted on the map entitled ``Oak Flat Withdrawal Area'' and 
        dated January 2009.
            (6) Resolution copper.--The term ``Resolution Copper'' 
        means Resolution Copper Mining, LLC, a Delaware limited 
        liability company, including any successor, assign, affiliate, 
        member, or joint venturer of Resolution Copper Mining, LLC.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) State.--The term ``State'' means the State of Arizona.
            (9) Town.--The term ``Town'' means the town of Superior, 
        Arizona.

SEC. 3. LAND EXCHANGE.

    (a) In General.--Subject to the provisions of this Act, if 
Resolution Copper offers to convey to the United States all right, 
title, and interest of Resolution Copper in and to the non-Federal 
land, and if the Secretary determines that the public interest would be 
well served by making the exchange, the Secretary shall convey to 
Resolution Copper, all right, title, and interest of the United States 
in and to the Federal land.
    (b) Compliance With Applicable Law.--
            (1) In general.--Except as otherwise provided in this Act, 
        the Secretary shall carry out the land exchange under this 
        section in accordance with section 206 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1716) and other 
        applicable laws, including the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Environmental review document.--
                    (A) In general.--To the maximum extent practicable 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) and Council on Environmental 
                Quality regulations, the Secretary, in consultation 
                with the Secretary of the Interior and other affected 
                Federal agencies, shall prepare a single environmental 
                review document, which shall be used as the basis for 
                all decisions under Federal law related to the land 
                exchange and connected agency decisions related to the 
                proposed mine on the Federal land.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                precludes the Secretary from using separate 
                environmental review documents prepared in accordance 
                with the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) or other applicable laws for 
                exploration or other activities not involving--
                            (i) the land exchange; or
                            (ii) the extraction of minerals in 
                        commercial quantities by Resolution Copper on 
                        or under the Federal land.
    (c) Conditions on Acceptance.--
            (1) Title.--Title to any non-Federal land conveyed by 
        Resolution Copper to the United States under this Act shall be 
        in a form that is acceptable to--
                    (A) the Secretary, for land to be administered by 
                the Forest Service; and
                    (B) the Secretary of the Interior, for land to be 
                administered by the Bureau of Land Management.
            (2) Terms and conditions.--The conveyance of the Federal 
        land and non-Federal land under this Act shall be subject to 
        such terms and conditions as the Secretary and the Secretary of 
        the Interior may require.
    (d) Consultation With Indian Tribes.--Prior to making a public 
interest determination under subsection (a), the Secretary shall engage 
in government-to-government consultation with affected Indian tribes 
concerning issues related to the exchange, in accordance with 
applicable laws (including regulations).
    (e) Appraisals.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary and Resolution Copper 
        shall select an appraiser to conduct appraisals of the Federal 
        land and non-Federal land.
            (2) Requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an appraisal prepared under paragraph (1) shall be 
                conducted in accordance with nationally recognized 
                appraisal standards, including--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
                    (B) Final appraised value.--
                            (i) In general.--After the final appraised 
                        value is determined and approved by the 
                        Secretary, the Secretary shall not be required 
                        to reappraise or update the final appraised 
                        value for a period of 3 years beginning on the 
                        date of the approval by the Secretary of the 
                        final appraised value.
                            (ii) Reappraisal.--Nothing in this 
                        subparagraph precludes the Secretary, prior to 
                        entering into an exchange agreement with 
                        Resolution Copper, from requiring a reappraisal 
                        or update of the final appraisal if the 
                        Secretary determines that such reappraisal or 
                        update is necessary.
                            (iii) Improvements.--Any improvements made 
                        by Resolution Copper prior to entering into an 
                        exchange agreement shall not be included in the 
                        appraised value of the Federal land.
                    (C) Public review.--Before implementing the land 
                exchange under this Act, the Secretary shall make the 
                appraisals of the land to be exchanged (or a summary 
                thereof) available for public review.
            (3) Additional appraisal information.--
                    (A) In general.--The appraiser selected under this 
                subsection shall prepare a detailed income 
                capitalization approach analysis, in accordance with 
                the appraisal requirements referred to in paragraph 
                (2)(A), of the market value of the Federal land, even 
                if the income capitalization approach analysis is not 
                the appraisal approach relied on by the appraiser to 
                determine the market value of the Federal land.
                    (B) Inclusion in final appraisal report.--The 
                income capitalization approach analysis under 
                subparagraph (A) shall be included in the final 
                appraisal report of the Federal land.
    (f) Equal Value Land Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this Act shall be equal or 
        shall be equalized in accordance with this subsection.
            (2) Surplus of federal land value.--
                    (A) In general.--If the final appraised value of 
                the Federal land exceeds the value of the non-Federal 
                land, Resolution Copper shall--
                            (i) convey additional non-Federal land in 
                        the State to the Secretary or the Secretary of 
                        the Interior, consistent with the requirements 
                        of this Act and subject to the approval of the 
                        applicable Secretary;
                            (ii) make a cash payment to the United 
                        States; or
                            (iii) use a combination of the methods 
                        described in clauses (i) and (ii), as agreed to 
                        by Resolution Copper, the Secretary, and the 
                        Secretary of the Interior.
                    (B) Amount of payment.--The Secretary may accept a 
                payment in excess of 25 percent of the total value of 
                the land or interests conveyed, notwithstanding section 
                206(b) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716(b)).
                    (C) Disposition and use of proceeds.--Any amounts 
                received by the United States under this paragraph 
                shall be deposited in the fund established under Public 
                Law 90-171 (commonly known as the ``Sisk Act'') (16 
                U.S.C. 484a) and shall be made available to the 
                Secretary, without further appropriation, for the 
                acquisition of land for addition to the National Forest 
                System in the State.
            (3) Surplus of non-federal land.--If the final appraised 
        value of the non-Federal land exceeds the value of the Federal 
        land--
                    (A) the United States shall not make a payment to 
                Resolution Copper to equalize the value; and
                    (B) except as provided in section 9, the surplus 
                value of the non-Federal land shall be considered to be 
                a donation by Resolution Copper to the United States.
    (g) Oak Flat Withdrawal Area.--
            (1) In general.--Subject to the provisions of this 
        subsection and notwithstanding any withdrawal of the Oak Flat 
        Withdrawal Area from the mining, mineral leasing, or public 
        land laws, the Secretary may authorize Resolution Copper to 
        carry out mineral exploration activities--
                    (A) under the Oak Flat Withdrawal Area, so long as 
                such activities would not disturb the surface of the 
                area; and
                    (B) on the Oak Flat Withdrawal Area (but not within 
                the Oak Flat Campground), so long as such activities 
                are conducted from a single exploratory drill pad.
            (2) Conditions.--Any activities undertaken in accordance 
        with this subsection shall be subject to such terms and 
        conditions as the Secretary may require.
            (3) Termination.--The authorization for Resolution Copper 
        to undertake mineral exploration activities under this 
        subsection shall terminate on the earlier of--
                    (A) the date the land is conveyed to Resolution 
                Copper in accordance with this Act; or
                    (B) the date that is 3 years after the date a 
                special use permit is issued in accordance with this 
                subsection.
    (h) Costs.--As a condition of the land exchange, Resolution Copper 
shall agree to pay, without compensation, any costs that are--
            (1) associated with the land exchange; and
            (2) agreed to by the Secretary.
    (i) Intent of Congress.--
            (1) In general.--It is the intent of Congress that the 
        Secretary shall complete any necessary environmental reviews 
        and public interest determination on the land exchange not 
        later than 3 years after the date Resolution Copper submits a 
        mining plan of operation to the Secretary.
            (2) Agreement.--If the Secretary determines that the public 
        interest would be well served by making the land exchange, it 
        is the intent of Congress that the Secretary seek to enter into 
        an exchange agreement not later than 90 days after the date of 
        the public interest determination.

SEC. 4. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL LAND.

    (a) Conveyance.--On receipt of title to the Federal land, 
Resolution Copper shall simultaneously convey--
            (1) to the Secretary of Agriculture, all right, title, and 
        interest that the Secretary determines to be acceptable in and 
        to--
                    (A) the approximately 147 acres of land located in 
                Gila County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Conservation Act of 2009-Non-
                Federal Parcel-Turkey Creek'' and dated January 2009;
                    (B) the approximately 148 acres of land located in 
                Yavapai County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Conservation Act of 2009-Non-
                Federal Parcel-Tangle Creek'' and dated January 2009;
                    (C) the approximately 149 acres of land located in 
                Maricopa County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Conservation Act of 2009-Non-
                Federal Parcel-Cave Creek'' and dated January 2009;
                    (D) the approximately 640 acres of land located in 
                Coconino County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2009-Non-Federal Parcel-East Clear Creek'' and dated 
                January 2009;
                    (E) the approximately 95 acres of land located in 
                Pinal County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Conservation Act of 2009-Non-
                Federal Parcel-The Pond'' and dated January 2009; and
                    (F) the approximately 110 acres of land located in 
                Pinal County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Conservation Act of 2009-Non-
                Federal Parcel-Apache Leap South End'' and dated 
                January 2009, subject to the retained right of 
                Resolution Copper to conduct underground activities 
                that--
                            (i) the Secretary determines would not 
                        disturb the surface of Apache Leap; and
                            (ii) do not involve commercial mineral 
                        extraction under Apache Leap; and
            (2) to the Secretary of the Interior, all right, title, and 
        interest that the Secretary of the Interior determines to be 
        acceptable in and to--
                    (A) the approximately 3,050 acres of land located 
                in Pinal County, Arizona, identified as ``Lands to 
                DOI'' as generally depicted on the map entitled ``Lower 
                San Pedro River'' and dated June 3, 2009;
                    (B) the approximately 160 acres of land located in 
                Gila and Pinal Counties, Arizona, identified as ``Lands 
                to DOI'' as generally depicted on the map entitled 
                ``Dripping Springs'' and dated June 3, 2009; and
                    (C) the approximately 940 acres of land located in 
                Santa Cruz County, Arizona, identified as ``Lands to 
                DOI'' as generally depicted on the map entitled 
                ``Appleton Ranch'' and dated June 3, 2009.
    (b) Management of Acquired Land.--
            (1) Land acquired by the secretary.--
                    (A) In general.--Land acquired by the Secretary 
                under this Act shall--
                            (i) become part of the national forest in 
                        which the land is located; and
                            (ii) be administered in accordance with the 
                        laws applicable to the National Forest System.
                    (B) Boundary revision.--On acquisition of land by 
                the Secretary under this Act, the boundaries of the 
                national forest shall be modified to reflect the 
                inclusion of the acquired land.
                    (C) Land and water conservation fund.--For purposes 
                of section 7 of the Land and Water Conservation Fund 
                Act of 1965 (16 U.S.C. 460l-9), the boundaries of a 
                national forest in which land acquired by the Secretary 
                is located shall be deemed to be the boundaries of that 
                forest as in existence on January 1, 1965.
            (2) Land acquired by the secretary of the interior.--
                    (A) San pedro riparian national conservation 
                area.--
                            (i) In general.--The following land shall 
                        be added to, and administered as part of, the 
                        San Pedro Riparian National Conservation Area 
                        in accordance with the laws (including 
                        regulations) applicable to the Conservation 
                        Area:
                                    (I) The land acquired by the 
                                Secretary of the Interior under 
                                subsection (a)(2)(A).
                                    (II) Any land acquired by the 
                                Secretary of the Interior which is 
                                adjacent to the San Pedro Riparian 
                                National Conservation Area.
                            (ii) Management plan.--Not later than 2 
                        years after the date on which the land is 
                        acquired, the Secretary of the Interior shall 
                        update the management plan for the San Pedro 
                        Riparian National Conservation Area to reflect 
                        the management requirements of the acquired 
                        land.
                    (B) Dripping springs.--Land acquired by the 
                Secretary of the Interior under subsection (a)(2)(B) 
                shall be managed in accordance with the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1701 et 
                seq.) and applicable land use plans.
                    (C) Las cienegas national conservation area.--Land 
                acquired by the Secretary of the Interior under 
                subsection (a)(2)(C) shall be added to, and 
                administered as part of, the Las Cienegas National 
                Conservation Area in accordance with the laws 
                (including regulations) applicable to the Conservation 
                Area.
    (c) Surrender of Rights.--In addition to the conveyance of the non-
Federal land conveyed to the United States under this Act, and as a 
condition of the land exchange, Resolution Copper shall surrender to 
the United States, without compensation, the rights held by Resolution 
Copper under the mining laws and other laws of the United States to 
commercially extract minerals under--
            (1) Apache Leap; and
            (2) the property described in subsection (a)(1)(E) 
        (commonly known as ``The Pond'').

SEC. 5. RECREATIONAL ACCESS AND IMPROVEMENTS.

    (a) Recreational Access and Facilities.--
            (1) In general.--As a condition of the land exchange under 
        this Act, Resolution Copper shall pay to the Secretary 
        $1,250,000, to improve access and facilities for dispersed 
        recreation and other outdoor recreational activities as 
        provided in paragraph (2).
            (2) Use of amounts.--The Secretary shall use the amount 
        paid in accordance with paragraph (1), without further 
        appropriation, to construct or improve road access, turnouts, 
        trails, parking areas, or facilities for dispersed recreation 
        and other outdoor recreational activities as the Secretary 
        determines to be appropriate.
            (3) Preferred locations.--To the maximum extent 
        practicable, the funds made available under this subsection 
        shall be used by the Secretary on national forest land--
                    (A) in the general area north of Arizona State 
                Highway 60; or
                    (B) in the general area along Arizona State Highway 
                177.
    (b) Determination of Value.--Amounts paid by Resolution Copper 
under this section shall not be considered in determining the value of 
the Federal and non-Federal land under section 3(f).

SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.

    (a) Annual Production Reporting.--
            (1) In general.--As a condition of the exchange, beginning 
        on February 15 of the first calendar year beginning after the 
        date of commencement of production of valuable locatable 
        minerals in commercial quantities from the Federal land 
        conveyed to Resolution Copper under section 3, and annually 
        thereafter, Resolution Copper shall file with the Secretary of 
        the Interior a report indicating the quantity of locatable 
        minerals produced in commercial quantities from the Federal 
        land during the preceding calendar year.
            (2) Report contents.--The reports under paragraph (1) shall 
        comply with any recordkeeping and reporting requirements 
        prescribed by the Secretary or required by applicable Federal 
        laws in effect at the time of production.
    (b) Payment on Production.--If the cumulative production of 
valuable locatable minerals produced in commercial quantities from the 
Federal land conveyed to Resolution Copper under section 3 exceeds the 
quantity of production of locatable minerals from the Federal land used 
in the income capitalization approach analysis prepared under section 
3(e)(3), Resolution Copper shall pay to the United States, by not later 
than March 15 of each applicable calendar year, a value adjustment 
payment for the quantity of excess production at the same rate assumed 
for the income capitalization approach analysis prepared under section 
3(e)(3).
    (c) State Law Unaffected.--Nothing in this section modifies, 
expands, diminishes, amends, or otherwise affects any State law 
relating to the imposition, application, timing, or collection of a 
State excise or severance tax.
    (d) Use of Funds.--The funds paid to the United States under this 
section shall be deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a) and shall be 
made available to the Secretary, without further appropriation, for the 
acquisition of land for addition to the National Forest System in the 
State.

SEC. 7. WITHDRAWAL.

    Subject to valid existing rights, Apache Leap and any land acquired 
by the United States under this Act is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral 
        materials, and geothermal leasing laws.

SEC. 8. APACHE LEAP.

    (a) Management.--
            (1) In general.--The Secretary shall manage Apache Leap to 
        preserve the natural character of Apache Leap and to protect 
        archeological and cultural resources located on Apache Leap.
            (2) Special use permits.--The Secretary may issue to 
        Resolution Copper special use permits allowing Resolution 
        Copper to carry out underground activities (other than the 
        commercial extraction of minerals) under the surface of Apache 
        Leap that the Secretary determines would not disturb the 
        surface of the land, subject to any terms and conditions that 
        the Secretary may require.
            (3) Fences; signage.--The Secretary may allow use of the 
        surface of Apache Leap for installation of fences, signs, or 
        other measures necessary to protect the health and safety of 
        the public, protect resources located on Apache Leap, or to 
        ensure that activities conducted under paragraph (2) do not 
        affect the surface of Apache Leap.
    (b) Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary, in consultation with 
        applicable Indian tribes, the Town, Resolution Copper, and 
        other interested members of the public, shall prepare a 
        management plan for Apache Leap.
            (2) Considerations.--In preparing the plan under paragraph 
        (1), the Secretary shall consider whether additional measures 
        are necessary to--
                    (A) protect the cultural, archaeological, or 
                historical resources of Apache Leap, including 
                permanent or seasonal closures of all or a portion of 
                Apache Leap; and
                    (B) provide access for recreation.

SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA.

    (a) Conveyances.--
            (1) In general.--On request from the Town and subject to 
        the provisions of this section, the Secretary shall convey to 
        the Town the following:
                    (A) Approximately 30 acres of land as depicted on 
                the map entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2009-Federal Parcel-Fairview 
                Cemetery'' and dated January 2009.
                    (B) The reversionary interest and any reserved 
                mineral interest of the United States in the 
                approximately 265 acre of land located in Pinal County, 
                Arizona, as depicted on the map entitled ``Southeast 
                Arizona Land Exchange and Conservation Act of 2009-
                Federal Reversionary Interest-Superior Airport'' and 
                dated January 2009.
                    (C) The approximately 250 acres of land located in 
                Pinal County, Arizona, as depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2009-Federal Parcel-Superior Airport Contiguous 
                Parcels'' and dated January 2009.
    (b) Payment.--
            (1) In general.--The Town shall pay to the Secretary the 
        fair market value for each parcel of land or interest in land 
        acquired under this section, as determined by appraisals 
        conducted in accordance with section 3(e).
            (2) Reduction.--If the final appraised value of the non-
        Federal land exceeds the value of the Federal land under 
        section 3--
                    (A) the obligation of the Town to pay the United 
                States shall be reduced by an amount not to exceed the 
                excess value of the non-Federal land conveyed to the 
                United States; and
                    (B) the amount donated by Resolution Copper to the 
                United States shall be reduced accordingly.
    (c) Sisk Act.--Any payment received by the Secretary from the Town 
under this section shall be deposited in the fund established under 
Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a) 
and shall be made available to the Secretary, without further 
appropriation, for the acquisition of land for addition to the National 
Forest System in the State.
    (d) Terms and Conditions.--The conveyances under this section shall 
be subject to such terms and conditions as the Secretary may require.
                                                       Calendar No. 279

111th CONGRESS

  2d Session

                                 S. 409

                          [Report No. 111-129]

_______________________________________________________________________

                                 A BILL

  To secure Federal ownership and management of significant natural, 
 scenic, and recreational resources, to provide for the protection of 
 cultural resources, to facilitate the efficient extraction of mineral 
 resources by authorizing and directing an exchange of Federal and non-
                 Federal land, and for other purposes.

_______________________________________________________________________

                             March 2, 2010

                       Reported with an amendment