[House Report 117-592]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     117-592

======================================================================



 
                           SAVE OAK FLAT ACT

                                _______
                                

December 7, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

        Mr. Grijalva, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1884]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1884) to repeal section 3003 of the Carl Levin 
and Howard P. ``Buck'' McKeon National Defense Authorization 
Act for Fiscal Year 2015, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1884 is to repeal section 3003 of the 
Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015.

                  Background and Need for Legislation

    In December 2014, Congress passed the Southeastern Arizona 
Land Exchange in section 3003 of the Carl Levin and Howard P. 
``Buck'' McKean National Defense Authorization Act for fiscal 
year 2015,\1\ which authorized the exchange of a 2,422-acre 
parcel of land in Arizona's Tonto National Forest, known as the 
``Oak Flat Federal Parcel,'' to Resolution Copper Mining, LLC 
(Resolution Copper). The section 3003 language, a last-minute 
addition to must-pass legislation included over the objections 
of regional tribal perspectives, stipulated that the transfer 
would begin following the completion of a final Environmental 
Impact Statement (FEIS).
---------------------------------------------------------------------------
    \1\Pub. L. No. 113-291.
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    Notably, the parcel land includes the Chi'chil Bildagoteel 
Historic District, also known as ``Oak Flat.'' Located in the 
Tonto National Forest, this historic area is of cultural 
significance and serves as a religious site for many tribal 
nations in the region, who continually visit to conduct 
ceremonies and gather traditional medicines and food.
    Resolution Copper intends to extract 1.4 billion tons of 
copper ore using a mining technique known as block caving. 
While all mining operations will be conducted underground, 
removing the ore via the block caving method will cause the 
ground surface to collapse, creating a massive crater upon the 
Oak Flat Federal Parcel. The crater is projected to start to 
appear in Year 6 of active mining and will ultimately be 1.8 
miles across, resulting in the permanent desecration of the 
Chi'chil Bildagoteel Historic District. In addition to the 
block caving technique, Resolution Copper proposes to use 
external water for the life of the line. The water will be 
supplied from the Central Arizona Project canal or groundwater 
pumped from the East Salt River valley, creating additional 
impacts to wildlife, land, and recreation.
    Passing new legislation is the only way to prevent this 
land transfer from taking place. H.R. 1884 will repeal section 
3003 of the FY 2015 NDAA and prohibit the transfer of Chi'chil 
Bildagoteel ``Oak Flat'' Historic District to foreign mining 
corporations. In addition, the bill will, subject to valid 
existing rights, withdraw the Chi'chil Bildagoteel ``Oak Flat'' 
Historic District from all forms of entry, appropriation, or 
disposal under public land laws; location, entry, and patent 
under the mining laws; and dispositions under laws pertaining 
to mineral and geothermal leading or mineral materials.

                            Committee Action

    H.R. 1884 was introduced on March 12, 2021, by Chair Raul 
M. Grijalva (D-AZ). The bill was referred solely to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee for Indigenous Peoples of the United States and 
the Subcommittee on National Parks, Forests, and Public Lands. 
On April 13, 2021, the Subcommittee for Indigenous Peoples of 
the United States held a hearing on the bill. On April 28, 
2021, the Natural Resources Committee met to consider the bill. 
The Subcommittees were discharged by unanimous consent. Rep. 
Lauren Boebert (R-CO) offered an amendment designated Boebert 
#1. The amendment was not agreed to by a roll call vote of 19 
yeas and 22 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Pete Stauber (R-MN) offered an amendment designated 
Stauber #2. The amendment was not agreed to by a roll call vote 
of 20 yeas and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Stauber offered an amendment designated Stauber #3. 
The amendment was not agreed to by a roll call vote of 20 yeas 
and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Stauber offered an amendment designated Stauber #4. 
The amendment was not agreed to by a roll call vote of 20 yeas 
and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Stauber offered an amendment designated Stauber #5. 
The amendment was not agreed to by a roll call vote of 20 yeas 
and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Paul Gosar (R-AZ) offered an amendment designated 
Gosar #1. The amendment was withdrawn. Rep. Cliff Bentz (R-OR) 
offered an amendment designated Bentz #1. The amendment was not 
agreed to by a roll call vote of 19 yeas and 24 nays, as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Stauber offered an amendment designated Stauber #1. 
The amendment was not agreed to by a roll call vote of 20 yeas 
and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Stauber offered an amendment designated Stauber #6. 
The amendment was not agreed to by a roll call vote of 21 yeas 
and 23 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    The bill was adopted and ordered favorably reported to the 
House of Representatives by a roll call vote of 23 yeas and 20 
nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    In addition, the bulk of H.R. 1884 was included in the 
Committee's committee print of legislative proposals to comply 
with the reconciliation directive included in section 2002 of 
the Concurrent Resolution on the Budget for Fiscal Year 2022, 
S. Con. Res.14. The Committee conducted a markup of the 
committee print over the course of two days, September 2 and 
September 9, 2021,\2\ before approving the committee print with 
the Oak Flat withdrawal provisions included and transmitting 
the print to the House Committee on the Budget for compilation 
and reporting to the full House.\3\
---------------------------------------------------------------------------
    \2\Markup of Committee Print Providing for Reconciliation Before 
the H. Comm. on Nat. Res., 117th Cong. (Sept. 2, 2021) (not printed), 
https://docs.house.gov/Committee/Calendar/ByEvent
.aspx?EventID=114019; Markup of Committee Print Providing for 
Reconciliation Before the H. Comm. on Nat. Res., 117th Cong. (Sept. 9, 
2021) (not printed), https://docs.house.gov/Committee/Calendar/
ByEvent.aspx?EventID=114022.
    \3\H. Comm. on the Budget, Build Back Better Act, H.R. Rep. No. 
117-130, book 2, at 380 (2021), https://www.congress.gov/117/crpt/
hrpt130/CRPT-117hrpt130-pt2.pdf.
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                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on April 13, 2021.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Compliance With House Rule XIII and
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 2021.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1884, the Save Oak 
Flat Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would:
       Repeal a law authorizing land exchanges between 
the federal government, Resolution Copper, and the Town of 
Superior in Arizona
    Estimated budgetary effects would mainly stem from:
       Forgone government income from the conveyances 
and forgone spending of that income
    Areas of significant uncertainty include:
       Estimating land values and the amount of income 
that the federal government will receive.
    Bill summary: H.R. 1884 would repeal the law authorizing 
conveyances to Resolution Copper, a mining company, and to the 
Town of Superior in Arizona and would withdraw a federal parcel 
of 2,422-acres, subject to valid existing rights, from mineral 
and geothermal leasing and entry under the mining laws.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 1884 is shown in Table 1. The costs of the legislation 
fall within budget function 300 (natural resources and 
environment).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1884
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, millions of dollars--
                                          --------------------------------------------------------------------------------------------------------------
                                            2021   2022   2023    2024    2025    2026     2027     2028     2029    2030    2031   2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Increases or Decreases (-) in Direct Spending
Estimated Budget Authority...............      0      0       0       0       0       0        0        0        0       0       0         0          0
Estimated Outlays........................      0    500     -25     -25     -50     -50     -100     -100     -100     -25     -25       350          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that, absent this 
legislation, the conveyances will occur in 2022. For this 
estimate, CBO assumes that the legislation will be enacted late 
in 2021.
    Direct spending: Current law directs the Forest Service to 
convey 2,422 acres of federal land in Pinal County, Arizona if 
Resolution Copper offers to convey roughly 5,400 acres of 
privately-owned land to the federal government. If the value of 
the federal land to be exchanged exceeds that of the private 
land, Resolution Copper will make an equalization payment, 
which is classified in the budget as an offsetting receipt, or 
reduction in direct spending, to the Forest Service. Current 
law also directs the Forest Service to convey roughly 550 acres 
of federal land to the Town of Superior upon the town's 
request. The town is required to pay the Forest Service the 
market value of those parcels; any such payment also is 
classified in the budget as an offsetting receipt.
    Appraisals for the affected parcels are ongoing, and CBO is 
not aware of any other comprehensive source of information on 
the land values. However, CBO expects that the value of the 
federal land, which is mineral in character, exceeds that of 
the private land. We expect that the appraisal will take into 
account Resolution Copper's active mining claims on 1,662 acres 
of the 2,422-acre federal parcel and will reflect the mineral 
value of the remaining 760 acres, net of extraction costs. 
Using preliminary information from the Forest Service, 
Resolution Copper, and environmental organizations, CBO 
estimates that the 5,400 acres of private land will be valued 
between $5 million and $25 million and that the federal land to 
be conveyed to Resolution Copper will be valued, on net, at 
hundreds of millions of dollars. In addition, based on land 
values in Pinal County, we estimate that the Forest Service 
land to be conveyed to the Town of Superior will be valued at 
several million dollars.
    On net, the agency will receive about $500 million in 
equalization and fair market value payments in 2022, CBO 
estimates. The Forest Service is authorized to spend those 
amounts without further appropriation on land acquisition. 
Based on historical spending patterns for that activity, CBO 
estimates that any offsetting receipts will be fully expended 
by 2031.
    H.R. 1884 would repeal the law authorizing those 
conveyances. As a result, the Forest Service would forgo 
payments from Resolution Copper and the Town of Superior, but 
associated spending also would decline. CBO estimates that 
enacting the bill would have no net effect on direct spending 
over the 2021-2031 period.
    Spending subject to appropriation: Based on the costs of 
similar tasks, CBO estimates that any costs incurred by the 
Forest Service to implement the withdrawal under H.R. 1884 
would be insignificant; any spending would be subject to the 
availability of appropriated funds.
    Uncertainty: The land values and resulting payments are 
highly uncertain and could differ from CBO's estimate. If the 
payments are lower than CBO estimates, the net effect of the 
bill on direct spending over the 2021-2031 period would be the 
same because the lost receipts would be offset by the foregone 
spending. However, if the payments are substantially higher 
than CBO estimates, we expect that the Forest Service would 
continue spending those amounts after 2031. Accordingly, 
forgoing the payments and spending under H.R. 1884 would 
increase net direct spending over the same period because some 
of the savings from reduced spending would occur after 2031.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in Table 1.
    Increase in long-term deficits: Upon commencement of 
mineral production, current law requires Resolution Copper to 
pay royalties, which are classified in the budget as offsetting 
receipts, to the federal government if the actual quantity of 
minerals in the 760-acre federal parcel exceeds the appraised 
amount. CBO cannot predict whether Resolution Copper will pay 
royalties to the federal government or the amount of those 
royalties; however, under H.R. 1884, the federal government 
would forgo any such receipts. We estimate that enacting H.R. 
1884 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2032.
    Mandates: None.
    Estimate prepared by: Federal Costs: Janani Shankaran; 
Mandates: Lilia Ledezma.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to repeal section 3003 of the Carl 
Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and 
existing law in which no change is proposed is shown in roman):

CARL LEVIN AND HOWARD P. ``BUCK'' MCKEON NATIONAL DEFENSE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2015




           *       *       *       *       *       *       *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

           *       *       *       *       *       *       *


TITLE XXX--NATURAL RESOURCES RELATED GENERAL PROVISIONS

           *       *       *       *       *       *       *


Subtitle A--Land Conveyances and Related Matters

           *       *       *       *       *       *       *


[SEC. 3003. SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION.

  [(a) Purpose.--The purpose of this section is to authorize, 
direct, facilitate, and expedite the exchange of land between 
Resolution Copper and the United States.
  [(b) Definitions.--In this section:
          [(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 subsection (d)(1) and, if 
        necessary to equalize the land exchange under 
        subsection (c), subsection (c)(5)(B)(i)(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.
          [(11) Resolution mine plan of operations.--The term 
        ``Resolution mine plan of operations'' means the mine 
        plan of operations submitted to the Secretary by 
        Resolution Copper in November, 2013, including any 
        amendments or supplements.
  [(c) Land Exchange.--
          [(1) In general.--Subject to the provisions of this 
        section, 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.
          [(2) Conditions on acceptance.--Title to any non-
        Federal land conveyed by Resolution Copper to the 
        United States under this section shall be in a form 
        that--
                  [(A) 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
                  [(B) conforms to the title approval standards 
                of the Attorney General of the United States 
                applicable to land acquisitions by the Federal 
                Government.
          [(3) Consultation with indian tribes.--
                  [(A) In general.--The Secretary shall engage 
                in government-to-government consultation with 
                affected Indian tribes concerning issues of 
                concern to the affected Indian tribes related 
                to the land exchange.
                  [(B) Implementation.--Following the 
                consultations under paragraph (A), the 
                Secretary shall consult with Resolution Copper 
                and seek to find mutually acceptable measures 
                to--
                          [(i) address the concerns of the 
                        affected Indian tribes; and
                          [(ii) minimize the adverse effects on 
                        the affected Indian tribes resulting 
                        from mining and related activities on 
                        the Federal land conveyed to Resolution 
                        Copper under this section.
          [(4) Appraisals.--
                  [(A) 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.
                  [(B) Requirements.--
                          [(i) In general.--Except as provided 
                        in clause (ii), an appraisal prepared 
                        under this paragraph 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.
                          [(ii) 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.
                          [(iii) Improvements.--Any 
                        improvements made by Resolution Copper 
                        prior to entering into an exchange 
                        agreement shall not be included in the 
                        appraised value of the Federal land.
                          [(iv) Public review.--Before 
                        consummating the land exchange under 
                        this section, the Secretary shall make 
                        the appraisals of the land to be 
                        exchanged (or a summary thereof) 
                        available for public review.
                  [(C) Appraisal information.--The appraisal 
                prepared under this paragraph 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 subsection (e).
          [(5) Equal value land exchange.--
                  [(A) In general.--The value of the Federal 
                land and non-Federal land to be exchanged under 
                this section shall be equal or shall be 
                equalized in accordance with this paragraph.
                  [(B) Surplus of federal land value.--
                          [(i) 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 
                                section 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 
                                subclauses (I) and (II), as 
                                agreed to by Resolution Copper, 
                                the Secretary, and the 
                                Secretary of the Interior.
                          [(ii) 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)).
                          [(iii) 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 or interests in 
                        land in Region 3 of the Forest Service.
                  [(C) Surplus of non-federal land.--If the 
                final appraised value of the non-Federal land 
                exceeds the value of the Federal land--
                          [(i) the United States shall not make 
                        a payment to Resolution Copper to 
                        equalize the value; and
                          [(ii) except as provided in 
                        subsection (h), the surplus value of 
                        the non-Federal land shall be 
                        considered to be a donation by 
                        Resolution Copper to the United States.
          [(6) Oak flat withdrawal area.--
                  [(A) Permits.--Subject to the provisions of 
                this paragraph 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--
                          [(i) 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
                          [(ii) 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.
                  [(B) Conditions.--Any activities undertaken 
                in accordance with this paragraph shall be 
                subject to such reasonable terms and conditions 
                as the Secretary may require.
                  [(C) Termination.--The authorization for 
                Resolution Copper to undertake mineral 
                exploration activities under this paragraph 
                shall remain in effect until the Oak Flat 
                Withdrawal Area land is conveyed to Resolution 
                Copper in accordance with this section.
          [(7) Costs.--As a condition of the land exchange 
        under this section, Resolution Copper shall agree to 
        pay, without compensation, all costs that are--
                  [(A) associated with the land exchange and 
                any environmental review document under 
                paragraph (9); and
                  [(B) agreed to by the Secretary.
          [(8) Use of federal land.--The Federal land to be 
        conveyed to Resolution Copper under this section 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.
          [(9) Environmental compliance.--
                  [(A) In general.--Except as otherwise 
                provided in this section, the Secretary shall 
                carry out the land exchange in accordance with 
                the requirements of the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  [(B) Environmental analysis.--Prior to 
                conveying Federal land under this section, the 
                Secretary shall prepare a single environmental 
                impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), which shall be used as the basis 
                for all decisions under Federal law related to 
                the proposed mine and the Resolution mine plan 
                of operations and any related major Federal 
                actions significantly affecting the quality of 
                the human environment, including the granting 
                of any permits, rights-of-way, or approvals for 
                the construction of associated power, water, 
                transportation, processing, tailings, waste 
                disposal, or other ancillary facilities.
                  [(C) Impacts on cultural and archeological 
                resources.--The environmental impact statement 
                prepared under subparagraph (B) shall--
                          [(i) assess the effects of the mining 
                        and related activities on the Federal 
                        land conveyed to Resolution Copper 
                        under this section on the cultural and 
                        archeological resources that may be 
                        located on the Federal land; and
                          [(ii) identify measures that may be 
                        taken, to the extent practicable, to 
                        minimize potential adverse impacts on 
                        those resources, if any.
                  [(D) Effect.--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.
          [(10) Title transfer.--Not later than 60 days after 
        the date of publication of the final environmental 
        impact statement, the Secretary shall convey all right, 
        title, and interest of the United States in and to the 
        Federal land to Resolution Copper.
  [(d) Conveyance and Management of Non-Federal Land.--
          [(1) Conveyance.--On receipt of title to the Federal 
        land, Resolution Copper shall simultaneously convey--
                  [(A) to the Secretary, all right, title, and 
                interest that the Secretary determines to be 
                acceptable in and to--
                          [(i) 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;
                          [(ii) 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;
                          [(iii) 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;
                          [(iv) 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
                          [(v) 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
                  [(B) to the Secretary of the Interior, all 
                right, title, and interest that the Secretary 
                of the Interior determines to be acceptable in 
                and to--
                          [(i) 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;
                          [(ii) 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
                          [(iii) 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.
          [(2) Management of acquired land.--
                  [(A) Land acquired by the secretary.--
                          [(i) In general.--Land acquired by 
                        the Secretary under this section 
                        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.
                          [(ii) Boundary revision.--On the 
                        acquisition of land by the Secretary 
                        under this section, the boundaries of 
                        the national forest shall be modified 
                        to reflect the inclusion of the 
                        acquired land.
                          [(iii) 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.
                  [(B) Land acquired by the secretary of the 
                interior.--
                          [(i) San pedro national conservation 
                        area.--
                                  [(I) In general.--The land 
                                acquired by the Secretary of 
                                the Interior under paragraph 
                                (1)(B)(i) 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.
                          [(ii) Dripping springs.--Land 
                        acquired by the Secretary of the 
                        Interior under paragraph (1)(B)(ii) 
                        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.
                          [(iii) Las cienegas national 
                        conservation area.--Land acquired by 
                        the Secretary of the Interior under 
                        paragraph (1)(B)(iii) 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.
  [(e) Value Adjustment Payment to United States.--
          [(1) Annual production reporting.--
                  [(A) Report required.--As a condition of the 
                land exchange under this section, 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 subsection (c). 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.
                  [(B) Sharing reports with state.--The 
                Secretary shall make each report received under 
                subparagraph (A) available to the State.
                  [(C) Report contents.--The reports under 
                subparagraph (A) 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.
          [(2) Payment on production.--If the cumulative 
        production of valuable locatable minerals produced in 
        commercial quantities from the Federal land conveyed to 
        Resolution Copper under subsection (c) exceeds the 
        quantity of production of locatable minerals from the 
        Federal land used in the income capitalization approach 
        analysis prepared under subsection (c)(4)(C), 
        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 
        subsection (c)(4)(C).
          [(3) State law unaffected.--Nothing in this 
        subsection 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.
          [(4) Use of funds.--
                  [(A) Separate fund.--All funds paid to the 
                United States under this subsection 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 subparagraph (B).
                  [(B) Authorized use.--Amounts in the special 
                fund established pursuant to subparagraph (A) 
                shall be used for maintenance, repair, and 
                rehabilitation projects for Forest Service and 
                Bureau of Land Management assets.
  [(f) Withdrawal.--Subject to valid existing rights, Apache 
Leap and any land acquired by the United States under this 
section 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.
  [(g) Apache Leap Special Management Area.--
          [(1) Designation.--To further the purpose of this 
        section, the Secretary shall establish a special 
        management area consisting of Apache Leap, which shall 
        be known as the ``Apache Leap Special Management Area'' 
        (referred to in this subsection as the ``special 
        management area'').
          [(2) Purpose.--The purposes of the special management 
        area are--
                  [(A) to preserve the natural character of 
                Apache Leap;
                  [(B) to allow for traditional uses of the 
                area by Native American people; and
                  [(C) to protect and conserve the cultural and 
                archeological resources of the area.
          [(3) Surrender of mining and extraction rights.--As a 
        condition of the land exchange under subsection (c), 
        Resolution Copper shall surrender to the United States, 
        without compensation, all rights held under the mining 
        laws and any other law to commercially extract minerals 
        under Apache Leap.
          [(4) Management.--
                  [(A) In general.--The Secretary shall manage 
                the special management area in a manner that 
                furthers the purposes described in paragraph 
                (2).
                  [(B) Authorized activities.--The activities 
                that are authorized in the special management 
                area are--
                          [(i) installation of seismic 
                        monitoring equipment on the surface and 
                        subsurface to protect the resources 
                        located within the special management 
                        area;
                          [(ii) installation of fences, signs, 
                        or other measures necessary to protect 
                        the health and safety of the public; 
                        and
                          [(iii) operation of an underground 
                        tunnel and associated workings, as 
                        described in the Resolution mine plan 
                        of operations, subject to any terms and 
                        conditions the Secretary may reasonably 
                        require.
          [(5) Plan.--
                  [(A) 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 the Apache Leap Special 
                Management Area.
                  [(B) Considerations.--In preparing the plan 
                under subparagraph (A), the Secretary shall 
                consider whether additional measures are 
                necessary to--
                          [(i) protect the cultural, 
                        archaeological, or historical resources 
                        of Apache Leap, including permanent or 
                        seasonal closures of all or a portion 
                        of Apache Leap; and
                          [(ii) provide access for recreation.
          [(6) Mining activities.--The provisions of this 
        subsection 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.
  [(h) Conveyances to Town of Superior, Arizona.--
          [(1) Conveyances.--On request from the Town and 
        subject to the provisions of this subsection, 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 
                2011-Federal Parcel-Fairview Cemetery'' and 
                dated March 2011.
                  [(B) The reversionary interest and any 
                reserved mineral interest of the United States 
                in the approximately 265 acres of land located 
                in Pinal County, Arizona, as depicted on the 
                map entitled ``Southeast Arizona Land Exchange 
                and Conservation Act of 2011-Federal 
                Reversionary Interest-Superior Airport'' and 
                dated March 2011.
                  [(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 2011-Federal 
                Parcel-Superior Airport Contiguous Parcels'' 
                and dated March 2011.
          [(2) Payment.--The Town shall pay to the Secretary 
        the market value for each parcel of land or interest in 
        land acquired under this subsection, as determined by 
        appraisals conducted in accordance with subsection 
        (c)(4).
          [(3) Sisk act.--Any payment received by the Secretary 
        from the Town under this subsection 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 or interests in land in Region 3 of 
        the Forest Service.
          [(4) Terms and conditions.--The conveyances under 
        this subsection shall be subject to such terms and 
        conditions as the Secretary may require.
  [(i) Miscellaneous Provisions.--
          [(1) Revocation of orders; withdrawal.--
                  [(A) 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.
                  [(B) 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 subsection (c) 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--
                          [(i) on the date of consummation of 
                        the land exchange; or
                          [(ii) 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)).
                  [(C) Rights of resolution copper.--Nothing in 
                this section 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.
          [(2) Maps, estimates, and descriptions.--
                  [(A) 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 section.
                  [(B) Conflict.--If there is a conflict 
                between a map, an acreage estimate, or a 
                description of land in this section, the map 
                shall control unless the Secretary concerned 
                and Resolution Copper mutually agree otherwise.
                  [(C) 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 section.
          [(3) Public access in and around oak flat 
        campground.--As a condition of conveyance of the 
        Federal land, Resolution Copper shall agree to provide 
        access to the surface of the Oak Flat Campground to 
        members of the public, including Indian tribes, to the 
        maximum extent practicable, consistent with health and 
        safety requirements, until such time as the operation 
        of the mine precludes continued public access for 
        safety reasons, as determined by Resolution Copper.]

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 1884 would repeal 16 U.S.C. 539p, the Southeast 
Arizona Land Exchange and Conservation Act, which was enacted 
as part of the Fiscal Year (FY) 2015 National Defense 
Authorization Act (NDAA). H.R. 1884 also establishes a mineral 
withdrawal in the area known as Oak Flat in Arizona. This 
legislation is intended to prevent the Resolution Copper mining 
project from going forward and ban development of some of the 
most valuable copper resources in the nation. Committee 
Republicans are strongly opposed to this bill.
    The Resolution Copper project is a proposed copper mine 
located near the town of Superior, Arizona, on lands within the 
Tonto National Forest. A land exchange to facilitate 
development of the mine was made law in in 2014 as part of the 
FY2015 NDAA, which provided for the exchange of 2,422 acres of 
U.S. Forest Service (USFS) land (known as the ``Oak Flat'' 
parcel) for eight land parcels throughout Arizona totaling 
5,376 acres owned by Resolution Copper. The execution of the 
land exchange is conditioned on the publication of a Final 
Environmental Impact Study (FEIS) by the Department of 
Agriculture through the USFS.
    Public engagement on Resolution Copper has occurred almost 
continuously since 2011. Before and during the submission of 
the original mine plan of operations in 2013, through the 
legislative process authorizing the land exchange, and before 
and after the publication of the initial FEIS, Resolution 
Copper has engaged in extensive and ongoing consultation with 
USFS, local tribes, non-governmental organizations, local 
elected officials, and other stakeholders. Public comment and 
tribal input has directly led to multiple changes from the 
original mine plan, such as a location change for a proposed 
tailings site and the protection of Apache Leap.
    An FEIS and draft Record of Decision (ROD) was issued by 
the Trump administration on January 15, 2021. However, on 
February 11, 2021, the Advisory Council on Historic 
Preservation (ACHP) terminated the Section 106 consultation 
process under the National Historic Preservation Act, directly 
contradicting its earlier acknowledgements that both the Tonto 
National Forest and Resolution Copper were in compliance with 
their requirements. As a result of ACHP's termination of the 
Section 106 consultation, on March 1, 2021, the Biden 
administration withdrew the notice of Availability and 
rescinded the FEIS and draft ROD on the 45th day of the 45-day 
public comment period.
    Blocking the Resolution Copper project would withhold 
tremendous economic and employment benefits from the 
surrounding region and the United States as a whole. Once 
operational, Resolution Copper would be the largest copper mine 
in North America, capable of producing about 40 billion pounds 
of copper over 40 years and meeting about 25 percent of 
domestic copper demand. Copper has extensive uses across 
economic sectors, including defense, electronics, and renewable 
energy technologies, and demand is expected to increase 
drastically in the coming decades. According to the World Bank, 
we will need to mine as much copper in the next 25 years as we 
have in the last 5,000 to meet demand, including the needs of 
electric vehicle growth and wider electrification goals. 
Furthermore, Resolution Copper's parent company, Rio Tinto, 
operates one of only two operating copper smelters in North 
America. This smelter produces critical minerals that are 
byproducts of copper, namely rhenium, used in superalloys for 
high-temperature turbine engines, as well as tellurium, an 
essential element in solar panels. Rio Tinto has stated 
publicly that all copper produced will stay in the United 
States.
    Economic benefits of this project will also be felt at the 
local and state level. Resolution Copper is anticipated to 
support 1,500 direct jobs and 2,200 indirect jobs in the 
surrounding area and could generate as much as $61 billion to 
the Arizona economy over the decades-long life of the mine.\1\ 
Annual state and local tax revenues could bring in an estimated 
$88 million to $113 million, and the federal government could 
see $200 million. The project has already received $2 billion 
in investment, including about 600 current employees, many of 
whom are tribal members. For instance, the project workforce 
includes approximately 60 members of the San Carlos Tribe.
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    \1\Resolution Copper. ``Project Facts.'' https://
www.resolutioncopper.com/files/media-releases/
Resolution%20Economic%20Benefits%20Nov%202020.pdf.
---------------------------------------------------------------------------
    The land exchange that would be reversed by H.R. 1884 was 
part of a 56-bill bipartisan compromise, passed by both 
chambers of Congress and signed into law by the President and 
the exchange should be allowed to go forward as intended. 
Blocking this mine ignores the realities of growing global 
demand for minerals. The United States should be encouraging 
responsible domestic mining to reduce foreign dependencies and 
support our economy.
    For these reasons, I am strongly opposed to H.R. 1884.

                                                   Bruce Westerman.

                                  [all]