[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1904 Reported in House (RH)]

                                                 Union Calendar No. 162
112th CONGRESS
  1st Session
                                H. R. 1904

                          [Report No. 112-246]

    To facilitate the efficient extraction of mineral resources in 
 southeast Arizona by authorizing and directing an exchange of Federal 
             and non-Federal land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2011

 Mr. Gosar (for himself, Mr. Franks of Arizona, Mr. Quayle, Mr. Flake, 
 and Mr. Schweikert) introduced the following bill; which was referred 
                 to the Committee on Natural Resources

                            October 14, 2011

Additional sponsors: Mr. Tipton, Mr. Manzullo, Mr. Chaffetz, Mr. Bishop 
 of Utah, Mrs. Lummis, Mr. Pearce, Mr. Luetkemeyer, Mr. Sessions, Mr. 
Landry, Mr. Brooks, Mr. Carter, Mr. Flores, Mr. Reed, Mr. Walden, Mrs. 
McMorris Rodgers, Mr. Young of Alaska, Mr. Kelly, Mr. Heck, Mr. Amodei, 
   Mr. Southerland, Mr. Thompson of Pennsylvania, Mr. Stutzman, Mr. 
                       Lankford, and Mr. Simpson

                            October 14, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 13, 
                                 2011]


_______________________________________________________________________

                                 A BILL


 
    To facilitate the efficient extraction of mineral resources in 
 southeast Arizona by authorizing and directing an exchange of Federal 
             and non-Federal land, and for other purposes.


 


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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Southeast Arizona 
Land Exchange and Conservation Act of 2011''.
    (b) Table of Contents.--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.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--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) Purpose.--It is the purpose of this Act to authorize, direct, 
facilitate, and expedite the exchange of land between Resolution Copper 
and the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apache leap.--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) Federal land.--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) 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 5(a) and, if necessary to equalize the 
        land exchange under section 4, section 4(e)(2)(A)(i).
            (5) Oak flat campground.--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) Oak flat withdrawal area.--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) 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) State.--The term ``State'' means the State of Arizona.
            (10) Town.--The term ``Town'' means the incorporated town 
        of Superior, Arizona.

SEC. 4. 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, 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) Conditions on Acceptance.--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 Tribes.--If 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) 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 in compliance with the requirements 
        of section 254.9 of title 36, Code of Federal Regulations.
            (2) Requirements.--
                    (A) In general.--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) Final appraised value.--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) 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.
                    (D) Public review.--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) Appraisal information.--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) 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 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 to the 
                Secretary for the acquisition of land for addition to 
                the National Forest System.
            (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(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) Oak Flat Withdrawal Area.--
            (1) Permits.--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) Conditions.--Any activities undertaken in accordance 
        with this subsection shall be subject to such reasonable terms 
        and conditions as the Secretary may require.
            (3) Termination.--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) Costs.--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) Use of Federal Land.--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) Intent of Congress.--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) Environmental Compliance.--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.

SEC. 5. 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, 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) 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 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 fund.--For 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) In general.--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) 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 
                        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 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.

SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.

    (a) Annual Production Reporting.--
            (1) Report required.--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 state.--The Secretary shall make 
        each report received under paragraph (1) available to the 
        State.
            (3) 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 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) 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.--
            (1) Separate fund.--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 to the 
        Secretary and the Secretary of the Interior only for the 
        purposes authorized by paragraph (2).
            (2) Authorized use.--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.

SEC. 7. WITHDRAWAL.

    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.

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, 
        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) Plan.--
            (1) In general.--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) 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.
    (c) Mining Activities.--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.

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

    (a) Conveyances.--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) Payment.--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) 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 for the acquisition of 
land for addition to the National Forest System.
    (d) Terms and Conditions.--The conveyances under this section shall 
be subject to such terms and conditions as the Secretary may require.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders; Withdrawal.--
            (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.
            (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 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 copper.--Nothing 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) 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.
            (2) Conflict.--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) 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.
                                                 Union Calendar No. 162

112th CONGRESS

  1st Session

                               H. R. 1904

                          [Report No. 112-246]

_______________________________________________________________________

                                 A BILL

    To facilitate the efficient extraction of mineral resources in 
 southeast Arizona by authorizing and directing an exchange of Federal 
             and non-Federal land, and for other purposes.

_______________________________________________________________________

                            October 14, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed