1.Short title; table of
contents
(a)This Act may be cited
as the Southeast Arizona Land Exchange
and Conservation Act of 2011
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Land exchange.
Sec. 5. Conveyance and management of non-Federal
land.
Sec. 6. Value adjustment payment to United States.
Sec. 7. Withdrawal.
Sec. 8. Apache leap.
Sec. 9. Conveyances to town of Superior, Arizona.
Sec. 10. Miscellaneous provisions.
2.
(a)Congress
finds that—
(1)the land exchange
furthers public objectives referenced in section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) including—
(A)promoting
significant job and other economic opportunities in a part of the State of
Arizona that has a long history of mining, but is currently experiencing high
unemployment rates and economic difficulties;
(B)facilitating the
development of a world-class domestic copper deposit capable of meeting a
significant portion of the annual United States demand for this strategic and
important mineral, in an area which has already been subject to mining
operations;
(C)significantly
enhancing Federal, State, and local revenue collections in a time of severe
governmental budget shortfalls;
(D)securing Federal
ownership and protection of land with significant fish and wildlife,
recreational, scenic, water, riparian, cultural, and other public
values;
(E)assisting more
efficient Federal land management via Federal acquisition of land for addition
to the Las Cienegas and San Pedro National Conservation Areas, and to the Tonto
and Coconino National Forests;
(F)providing
opportunity for community expansion and economic diversification adjacent to
the towns of Superior, Miami, and Globe, Arizona; and
(G)protecting the
cultural resources and other values of the Apache Leap escarpment located near
Superior, Arizona; and
(2)the land exchange
is, therefore, in the public interest.
(b)It
is the purpose of this Act to authorize, direct, facilitate, and expedite the
exchange of land between Resolution Copper and the United States.
3.In this Act:
(1)The term Apache
Leap
means the approximately 807 acres of land depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2011–Apache Leap
and dated March 2011.
(2)The term Federal land means the approximately
2,422 acres of land located in Pinal County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2011–Federal Parcel–Oak Flat
and dated March 2011.
(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 5(a) and, if necessary to equalize the
land exchange under section 4, section 4(e)(2)(A)(i).
(5)The term
Oak Flat Campground
means the approximately 50 acres of land
comprising approximately 16 developed campsites depicted on the map entitled
Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat
Campground
and dated March 2011.
(6)The term
Oak Flat Withdrawal Area
means the approximately 760 acres of
land depicted on the map entitled Southeast Arizona Land Exchange and
Conservation Act of 2011–Oak Flat Withdrawal Area
and dated March
2011.
(7)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.
(8)The
term Secretary means the Secretary of Agriculture.
(9)The
term State means the State of Arizona.
(10)The
term Town means the incorporated town of Superior, Arizona.
4.
(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, the Secretary is authorized
and directed to convey to Resolution Copper, all right, title, and interest of
the United States in and to the Federal land.
(b)Title to any non-Federal land conveyed by Resolution
Copper to the United States under this Act shall be in a form that—
(1)is acceptable to
the Secretary, for land to be administered by the Forest Service and the
Secretary of the Interior, for land to be administered by the Bureau of Land
Management; and
(2)conforms to the
title approval standards of the Attorney General of the United States
applicable to land acquisitions by the Federal Government.
(c)Consultation
with indian tribesIf not undertaken prior to enactment of this
Act, within 30 days of the date of enactment of this Act, the Secretary shall
engage in government-to-government consultation with affected Indian tribes
concerning issues related to the land exchange, in accordance with applicable
laws (including regulations).
(d)
(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 in compliance with the requirements of
section
254.9 of title 36, Code of Federal Regulations.
(2)
(A)Except as provided in subparagraph (B), an appraisal
prepared under this subsection 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)After the final appraised values of the Federal land and
non-Federal land are determined and approved by the Secretary, the Secretary
shall not be required to reappraise or update the final appraised value—
(i)for
a period of 3 years beginning on the date of the approval by the Secretary of
the final appraised value; 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)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.
(D)Before consummating 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)The appraisal prepared under this subsection shall
include a detailed income capitalization approach analysis of the market value
of the Federal land which may be utilized, as appropriate, to determine the
value of the Federal land, and shall be the basis for calculation of any
payment under section 6.
(e)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 subparagraph 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, in such amounts as are
provided in advance in appropriation Acts, to the Secretary for the acquisition
of land for addition to the National Forest System.
(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(b)(2)(B), the surplus value of the non-Federal land shall be
considered to be a donation by Resolution Copper to the United States.
(f)
(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, upon enactment of this Act, shall issue to Resolution
Copper—
(A)if so requested by
Resolution Copper, within 30 days of such request, a special use permit to
carry out mineral exploration activities under the Oak Flat Withdrawal Area
from existing drill pads located outside the Area, if the activities would not
disturb the surface of the Area; and
(B)if so requested by
Resolution Copper, within 90 days of such request, a special use permit to
carry out mineral exploration activities within the Oak Flat Withdrawal Area
(but not within the Oak Flat Campground), if the activities are conducted from
a single exploratory drill pad which is located to reasonably minimize visual
and noise impacts on the Campground.
(2)Any
activities undertaken in accordance with this subsection shall be subject to
such reasonable terms and conditions as the Secretary may require.
(3)The
authorization for Resolution Copper to undertake mineral exploration activities
under this subsection shall remain in effect until the Oak Flat Withdrawal Area
land is conveyed to Resolution Copper in accordance with this Act.
(g)As
a condition of the land exchange under this Act, Resolution Copper shall agree
to pay, without compensation, all costs that are—
(1)associated with the land exchange and any
environmental review document under subsection (j); and
(2)agreed to by the
Secretary.
(h)The Federal land to be conveyed to Resolution Copper under
this Act shall be available to Resolution Copper for mining and related
activities subject to and in accordance with applicable Federal, State, and
local laws pertaining to mining and related activities on land in private
ownership.
(i)It is the intent of Congress that the land exchange
directed by this Act shall be consummated not later than one year after the
date of enactment of this Act.
(j)Compliance with
the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et
seq.) under this Act shall be as follows:
(1)Prior to
commencing production in commercial quantities of any valuable mineral from the
Federal land conveyed to Resolution Copper under this Act (except for any
production from 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 tailing deposition areas), Resolution
Copper shall submit to the Secretary a proposed mine plan of operations.
(2)The Secretary
shall, within 3 years of such submission, complete preparation of an
environmental review document in accordance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4322(2)) which shall be
used as the basis for all decisions under applicable Federal laws, rules and
regulations regarding any Federal actions or authorizations related to the
proposed mine and mine plan of operations of Resolution Copper, including the
construction of associated power, water, transportation, processing, tailings,
waste dump, and other ancillary facilities.
5.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,
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 2011–Non-Federal
Parcel–Turkey Creek
and dated March 2011;
(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
2011–Non-Federal Parcel–Tangle Creek
and dated March 2011;
(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
2011–Non-Federal Parcel–Cave Creek
and dated March 2011;
(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
2011–Non-Federal Parcel–East Clear Creek
and dated March 2011;
and
(E)the approximately
110 acres of land located in Pinal County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2011–Non-Federal Parcel–Apache Leap South End
and dated March 2011;
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 Southeast Arizona Land Exchange
and Conservation Act of 2011–Non-Federal Parcel–Lower San Pedro River
and dated July 6, 2011;
(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 Southeast Arizona Land
Exchange and Conservation Act of 2011–Non-Federal Parcel–Dripping
Springs
and dated July 6, 2011; 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 Southeast Arizona Land Exchange
and Conservation Act of 2011–Non-Federal Parcel–Appleton Ranch
and
dated July 6, 2011.
(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 the 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. 4601–9), 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
national conservation area
(i)The land acquired by the Secretary of the Interior under
subsection (a)(2)(A) shall be added to, and administered as part of, the San
Pedro National Conservation Area in accordance with the laws (including
regulations) applicable to the 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 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 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 Apache Leap.
6.Value adjustment
payment to United States
(a)Annual
production reporting
(1)As a condition of
the land exchange under this Act, Resolution Copper shall submit to the
Secretary of the Interior an annual report indicating the quantity of locatable
minerals produced during the preceding calendar year in commercial quantities
from the Federal land conveyed to Resolution Copper under section 4. The first
report is required to be submitted not later than February 15 of the first
calendar year beginning after the date of commencement of production of
valuable locatable minerals in commercial quantities from such Federal land.
The reports shall be submitted February 15 of each calendar year
thereafter.
(2)Sharing reports
with stateThe Secretary shall make each report received under
paragraph (1) available to the State.
(3)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 4 exceeds the quantity of production of
locatable minerals from the Federal land used in the income capitalization
approach analysis prepared under section 4(d)(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 4(d)(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)
(1)All funds paid to the
United States under this section shall be deposited in a special fund
established in the Treasury and shall be available, in such amounts as are
provided in advance in appropriation Acts, to the Secretary and the Secretary
of the Interior only for the purposes authorized by paragraph (2).
(2)Amounts in the special
fund established pursuant to paragraph (1) shall be used for maintenance,
repair, and rehabilitation projects for Forest Service and Bureau of Land
Management assets.
7.Subject to valid existing rights, Apache
Leap and any land acquired by the United States under this Act are 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, monitoring devices, 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 affected 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.
(c)The provisions of this section shall not impose
additional restrictions on mining activities carried out by Resolution Copper
adjacent to, or outside of, the Apache Leap area beyond those otherwise
applicable to mining activities on privately owned land under Federal, State,
and local laws, rules and regulations.
9.Conveyances to
town of Superior, Arizona
(a)On
request from the Town and subject to the provisions of this section, the
Secretary shall convey to the Town the following:
(1)Approximately 30
acres of land as depicted on the map entitled Southeast Arizona Land
Exchange and Conservation Act of 2011–Federal Parcel–Fairview Cemetery
and dated March 2011.
(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, as depicted
on the map entitled Southeast Arizona Land Exchange and Conservation Act
of 2011–Federal Reversionary Interest–Superior Airport
and dated March
2011.
(3)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
2011–Federal Parcel–Superior Airport Contiguous Parcels
and dated March
2011.
(b)The Town shall pay to the Secretary the
market value for each parcel of land or interest in land acquired under this
section, as determined by appraisals conducted in accordance with section
4(d).
(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, in such amounts as are
provided in advance in appropriation Acts, to the Secretary for the acquisition
of land for addition to the National Forest System.
(d)The conveyances under this section shall be subject to
such terms and conditions as the Secretary may require.
10.
(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 1970
(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. The withdrawal shall be terminated—
(A)on the date of
consummation of the land exchange; or
(B)if Resolution
Copper notifies the Secretary in writing that it has elected to withdraw from
the land exchange pursuant to section 206(d) of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1716(d)).
(3)Rights of
resolution copperNothing in this Act shall interfere with,
limit, or otherwise impair, the unpatented mining claims or rights currently
held by Resolution Copper on the Federal land, nor in any way change, diminish,
qualify, or otherwise impact Resolution Copper’s rights and ability to conduct
activities on the Federal land under such unpatented mining claims and the
general mining laws of the United States, including the permitting or
authorization of such activities.
(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 in 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.
Passed the House of
Representatives October 26, 2011.
Karen L. Haas,
Clerk.