1.This Act may be cited as the
Southeast Arizona Land Exchange and
Conservation Act of 2009
.
2.The purposes of this Act are—
(1)to authorize,
direct, facilitate, and expedite the conveyance and exchange of land between
the United States and Resolution Copper;
(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
(3)to secure Federal
ownership and protection of land with significant natural, scenic,
recreational, water, riparian, cultural and other resources.
3.In this Act:
(1)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.
(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 non-Federal land means each parcel of
land described in section 4(c).
(4)The term Oak Flat Campground means the
campground that is—
(A)comprised of
approximately 16 developed campsites and adjacent acreage at a total of
approximately 50 acres; and
(B)depicted on the
map entitled Oak Flat Campground
and dated January 2009.
(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—
(A)Resolution Copper
Mining, LLC, a Delaware limited liability company; and
(B)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 Secretary concerned means the
Secretary of Agriculture or the Secretary of the Interior, as
applicable.
(9)The
term Town means the Town of Superior, Arizona, an incorporated
municipality.
4.Land conveyances
and exchanges
(a)The
purposes of the land conveyances and exchanges under this section are—
(1)to secure Federal
ownership and protection of significant natural, scenic, and recreational
resources; and
(2)to facilitate
efficient extraction of mineral resources.
(b)Offer by
Resolution Copper
(1)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—
(A)accept the offer;
and
(B)convey to
Resolution Copper all right, title, and interest of the United States in and to
the Federal land, subject to—
(i)section 10(c);
and
(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.
(2)Title
to any non-Federal land conveyed by Resolution Copper to the United States
under paragraph (1) shall—
(A)be in a form that
is acceptable to the Secretary concerned; and
(B)conform to the
title approval standards of the Attorney General of the United States
applicable to land acquisitions by the Federal Government.
(c)Resolution
Copper land exchangeOn receipt of title to the Federal land
under subsection (b)(1)(B), 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 Exchange and 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 Exchange and 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 Exchange and Conservation Act of
2009–Non-Federal Parcel–Cave Creek
and dated January 2009;
(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;
(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;
(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
(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
(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
3,073 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;
(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
(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.
(d)Additional
consideration to United States
(1)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—
(A)to commercially
extract minerals under—
(i)Apache Leap;
or
(ii)the parcel
identified in subsection (c)(1)(F); and
(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.
(2)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.
(e)Use of
equalization payment
(1)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—
(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
(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)).
(2)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.
(3)Cooperative
management agreementsThe 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.
5.Timing and
processing of exchange
(a)Sense of
Congress regarding timing of exchangeIt 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.
(b)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—
(1)threatened or
endangered species;
(2)cultural or
historic resources;
(3)wetland or
floodplains; or
(4)hazardous
materials.
(c)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.
(d)Oak Flat
Withdrawal Area restriction
(1)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.
(2)Sense of
Congress regarding permitIt 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.
(e)Exchange and
post-exchange costsIn accordance with sections 254.4 and 254.7
of title 36, Code of Federal Regulations (or successor regulations), Resolution
Copper shall assume responsibility for—
(1)hiring such
contractors as are necessary for carrying out any exchange or conveyance of
land under this Act; and
(2)paying, without
compensation under section 254.7 of title 36, Code of Federal Regulations (or a
successor regulation)—
(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;
(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;
(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
(D)any other cost
agreed to by Resolution Copper and the Secretary concerned.
(f)Contractor work
and approvals
(1)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—
(A)the selection of
the contractor; and
(B)the scope of work
performed by the contractor.
(2)Any required review and approval of work by a contractor
shall be performed by the Secretary concerned, in accordance with applicable
law (including regulations).
(3)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.
6.Conveyance of
land to Town
(a)
(1)On receipt of a request from the Town described in
paragraph (2), the Secretary shall convey to the Town each parcel
requested.
(2)A request referred to in paragraph (1) is a request by
the Town—
(A)for the conveyance
of 1 or more of the parcels identified in subsection (b); and
(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.
(3)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).
(b)Identification
of parcelsThe Town may request conveyance of any of—
(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;
(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
(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.
(c)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.
7.Valuation of land
exchanged or conveyed
(a)
(1)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).
(2)
(A)An appraisal under this section shall be—
(i)performed by an
appraiser mutually agreed to by the Secretary and Resolution Copper;
(ii)performed in
accordance with—
(I)the Uniform
Appraisal Standards for Federal Land Acquisitions (Department of Justice, 5th
Edition, December 20, 2000);
(II)the Uniform
Standards of Professional Appraisal Practice; and
(III)Forest Service
appraisal instructions; and
(iii)submitted to the
Secretary for review and approval.
(B)Reappraisals and
updated appraised valuesAfter 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—
(i)for a period of 3
years after the approval by the Secretary of the final appraised value under
subparagraph (A)(iii); or
(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.
(C)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.
(3)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)).
(4)
(A)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.
(B)Treatment as
unencumberedThe 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.
(C)Nothing
in this Act affects the validity of any unpatented mining claim or right of
Resolution Copper.
(D)Additional
appraisal informationTo 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.
(b)
(1)Surplus of
Federal land value
(A)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.
(B)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.
(2)Surplus of
non-Federal land valueIf the final appraised value of the
non-Federal land exceeds the value of the Federal land involved in the exchange
under section 4—
(A)the United States
shall not make a payment to Resolution Copper to equalize the values of the
land; and
(B)the surplus value
of the non-Federal land shall be considered to be a donation by Resolution
Copper to the United States.
(3)Payment for land
conveyed to Town
(A)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).
(B)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.
(4)Disposition and
use of proceeds
(A)Cash
equalization paymentsAny 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).
(B)Payment for land
conveyed to TownAny payment received by the Secretary from the
Town under paragraph (3)(A) shall be—
(i)deposited in the
fund established under Public Law 90–171 (commonly known as the Sisk
Act
) (16 U.S.C. 484a); and
(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.
8.Apache Leap
protection and management
(a)Apache Leap
protection and management
(1)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—
(A)manage Apache Leap
in accordance with the laws (including regulations) applicable to the National
Forest System; and
(B)place special
emphasis on preserving the natural character of Apache Leap.
(2)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—
(A)the public land
laws (including the mining and mineral leasing laws); and
(B)the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(b)Additional
protections, analysis, and plan
(1)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.
(2)The plan described in paragraph (1) shall examine,
among other matters, whether Apache Leap should be managed to establish—
(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;
(B)additional or
alternative public access routes, trails, and trailheads to Apache Leap;
or
(C)additional
opportunities (including appropriate access) for rock climbing, with special
emphasis on improved rock climbing access to Apache Leap from the west.
(c)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.
9.Incorporation,
management, and status of acquired land
(a)Land acquired by
Secretary
(1)Land acquired by the Secretary under this Act
shall—
(A)become part of the
National Forest within which the land is located; and
(B)be administered in
accordance with the laws (including regulations) applicable to the National
Forest System.
(2)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.
(3)
(A)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—
(i)to access the
land; and
(ii)to undertake
traditional activities relating to the gathering of acorns.
(B)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).
(b)
(1)Before consummating the land exchange under section 4,
Resolution Copper shall pay to the Secretary $1,250,000.
(2)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—
(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
(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.
(3)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.
(4)
(A)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).
(B)Resolution
Copper shall pay the cost of any activity carried out under subparagraph (A),
in addition to the amount specified in paragraph (1).
(c)Land acquired by
Secretary of Interior
(1)Land acquired by the Secretary of the Interior under this
Act shall—
(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
(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.
(2)Lower San Pedro
River landTo 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.
(d)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—
(1)the public land
laws (including the mining and mineral leasing laws); and
(2)the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.).
10.
(a)
(1)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).
(2)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.
(b)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.
(c)Interim Oak Flat
Campground accessThe document conveying the Federal land to
Resolution Copper under section 4(b) shall specify that—
(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
(2)at the end of that
4-year period—
(A)the withdrawal of
the Oak Flat Campground shall be revoked; and
(B)title to the Oak
Flat Campground shall be simultaneously conveyed to Resolution Copper.
(d)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.
11.Traditional
acorn gathering and related activities in and around Oak Flat
Campground
(a)Sense of
Congress regarding acorn gatheringIn 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.
(b)The precise area and terms of use described in subsection
(a)—
(1)shall be agreed to
by Resolution Copper and the applicable Indian tribes; and
(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—
(A)to protect the
health or safety of users; or
(B)to accommodate an
exploration or mining plan of Resolution Copper.
12.Value adjustment
payment to United States
(a)Annual
production reporting
(1)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.
(2)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.
(b)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—
(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
(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).
(c)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.
(d)The funds paid to the United States under this section
shall—
(1)be deposited in a
special account of the Treasury; and
(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.
13.
(a)Revocation of
orders; withdrawal
(1)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.
(2)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).
(b)Maps, estimates,
and descriptions
(1)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.
(2)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.
(3)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.
1.This Act may be cited as the
Southeast Arizona Land Exchange and
Conservation Act of 2009
.
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
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)
(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.
March 2, 2010
Reported with an amendment