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    Union Calendar No. 121113TH CONGRESS

    1ST SESSION H. R. 687[Report No. 113167]

    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

    FEBRUARY 14, 2013

    Mr. GOSAR (for himself, Mrs. KIRKPATRICK, Mr. SALMON, Mr. SCHWEIKERT,

    and Mr. FRANKS of Arizona) introduced the following bill; which was re-

    ferred to the Committee on Natural Resources

    JULY 22, 2013

    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 February 14, 2013]

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    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.

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    Be it enacted by the Senate and House of Representa-1

    tives of the United States of America in Congress assembled,2

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

    (a) SHORT TITLE.This Act may be cited as the4

    Southeast Arizona Land Exchange and Conservation Act5

    of 2013.6

    (b) TABLE OF CONTENTS.The table of contents for7

    this Act is as follows:8

    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. Miscellaneous provisions.

    SEC. 2. FINDINGS AND PURPOSE.9

    (a) FINDINGS.Congress finds that10

    (1) the land exchange furthers public objectives11

    referenced in section 206 of the Federal Land Policy12

    and Management Act of 1976 (43 U.S.C. 1716) in-13

    cluding14

    (A) promoting significant job and other eco-15

    nomic opportunities in a part of the State of Ar-16

    izona that has a long history of mining, but is17

    currently experiencing high unemployment rates18

    and economic difficulties;19

    (B) facilitating the development of a world-20

    class domestic copper deposit capable of meeting21

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    a significant portion of the annual United States1

    demand for this strategic and important min-2

    eral, in an area which has already been subject3

    to mining operations;4

    (C) significantly enhancing Federal, State,5

    and local revenue collections in a time of severe6

    governmental budget shortfalls;7

    (D) securing Federal ownership and protec-8

    tion of land with significant fish and wildlife,9

    recreational, scenic, water, riparian, cultural,10

    and other public values;11

    (E) assisting more efficient Federal land12

    management via Federal acquisition of land for13

    addition to the Las Cienegas and San Pedro Na-14

    tional Conservation Areas, and to the Tonto and15

    Coconino National Forests;16

    (F) providing opportunity for community17

    expansion and economic diversification adjacent18

    to the towns of Superior, Miami, and Globe, Ari-19

    zona; and20

    (G) protecting the cultural resources and21

    other values of the Apache Leap escarpment lo-22

    cated near Superior, Arizona; and23

    (2) the land exchange is, therefore, in the public24

    interest.25

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    (b) PURPOSE.It is the purpose of this Act to author-1

    ize, direct, facilitate, and expedite the exchange of land be-2

    tween Resolution Copper and the United States.3

    SEC. 3. DEFINITIONS.4

    In this Act:5

    (1) APACHE LEAP.The term Apache Leap6

    means the approximately 807 acres of land depicted7

    on the map entitled Southeast Arizona Land Ex-8

    change and Conservation Act of 2013Apache Leap9

    and dated February 2013.10

    (2) FEDERAL LAND.The term Federal land11

    means the approximately 2,422 acres of land located12

    in Pinal County, Arizona, depicted on the map enti-13

    tled Southeast Arizona Land Exchange and Con-14

    servation Act of 2013Federal ParcelOak Flat and15

    dated February 2013.16

    (3) INDIAN TRIBE.The term Indian tribe has17

    the meaning given the term in section 4 of the Indian18

    Self-Determination and Education Assistance Act (2519

    U.S.C. 450b).20

    (4) NON-FEDERAL LAND.The term non-Fed-21

    eral land means the parcels of land owned by Reso-22

    lution Copper that are described in section 5(a) and,23

    if necessary to equalize the land exchange under sec-24

    tion 4, section 4(e)(2)(A)(i).25

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    (5) OAK FLAT CAMPGROUND.The term Oak1

    Flat Campground means the approximately 50 acres2

    of land comprising approximately 16 developed3

    campsites depicted on the map entitled Southeast4

    Arizona Land Exchange and Conservation Act of5

    2013Oak Flat Campground and dated February6

    2013.7

    (6) OAK FLAT WITHDRAWAL AREA.The term8

    Oak Flat Withdrawal Area means the approxi-9

    mately 760 acres of land depicted on the map entitled10

    Southeast Arizona Land Exchange and Conservation11

    Act of 2013Oak Flat Withdrawal Area and dated12

    February 2013.13

    (7) RESOLUTION COPPER.The term Resolu-14

    tion Copper means Resolution Copper Mining, LLC,15

    a Delaware limited liability company, including any16

    successor, assign, affiliate, member, or joint venturer17

    of Resolution Copper Mining, LLC.18

    (8) SECRETARY.The term Secretary means19

    the Secretary of Agriculture.20

    (9) STATE.The term State means the State21

    of Arizona.22

    (10) TOWN.The term Town means the incor-23

    porated town of Superior, Arizona.24

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    SEC. 4. LAND EXCHANGE.1

    (a) IN GENERAL.Subject to the provisions of this2

    Act, if Resolution Copper offers to convey to the United3

    States all right, title, and interest of Resolution Copper in4

    and to the non-Federal land, the Secretary is authorized5

    and directed to convey to Resolution Copper, all right, title,6

    and interest of the United States in and to the Federal land.7

    (b) CONDITIONS ONACCEPTANCE.Title to any non-8

    Federal land conveyed by Resolution Copper to the United9

    States under this Act shall be in a form that10

    (1) is acceptable to the Secretary, for land to be11

    administered by the Forest Service and the Secretary12

    of the Interior, for land to be administered by the Bu-13

    reau of Land Management; and14

    (2) conforms to the title approval standards of15

    the Attorney General of the United States applicable16

    to land acquisitions by the Federal Government.17

    (c) CONSULTATION WITHINDIAN TRIBES.If not un-18

    dertaken prior to enactment of this Act, within 30 days of19

    the date of enactment of this Act, the Secretary shall engage20

    in government-to-government consultation with affected In-21

    dian tribes concerning issues related to the land exchange,22

    in accordance with applicable laws (including regulations).23

    (d) APPRAISALS.24

    (1) IN GENERAL.As soon as practicable after25

    the date of enactment of this Act, the Secretary and26

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    Resolution Copper shall select an appraiser to con-1

    duct appraisals of the Federal land and non-Federal2

    land in compliance with the requirements of section3

    254.9 of title 36, Code of Federal Regulations.4

    (2) REQUIREMENTS.5

    (A) IN GENERAL.Except as provided in6

    subparagraph (B), an appraisal prepared under7

    this subsection shall be conducted in accordance8

    with nationally recognized appraisal standards,9

    including10

    (i) the Uniform Appraisal Standards11

    for Federal Land Acquisitions; and12

    (ii) the Uniform Standards of Profes-13

    sional Appraisal Practice.14

    (B) FINAL APPRAISED VALUE.After the15

    final appraised values of the Federal land and16

    non-Federal land are determined and approved17

    by the Secretary, the Secretary shall not be re-18

    quired to reappraise or update the final ap-19

    praised value20

    (i) for a period of 3 years beginning on21

    the date of the approval by the Secretary of22

    the final appraised value; or23

    (ii) at all, in accordance with section24

    254.14 of title 36, Code of Federal Regula-25

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    tions (or a successor regulation), after an1

    exchange agreement is entered into by Reso-2

    lution Copper and the Secretary.3

    (C) IMPROVEMENTS.Any improvements4

    made by Resolution Copper prior to entering5

    into an exchange agreement shall not be included6

    in the appraised value of the Federal land.7

    (D) PUBLIC REVIEW.Before consum-8

    mating the land exchange under this Act, the9

    Secretary shall make the appraisals of the land10

    to be exchanged (or a summary thereof) available11

    for public review.12

    (3) APPRAISAL INFORMATION.The appraisal13

    prepared under this subsection shall include a de-14

    tailed income capitalization approach analysis of the15

    market value of the Federal land which may be uti-16

    lized, as appropriate, to determine the value of the17

    Federal land, and shall be the basis for calculation of18

    any payment under section 6.19

    (e) EQUAL VALUELANDEXCHANGE.20

    (1) IN GENERAL.The value of the Federal land21

    and non-Federal land to be exchanged under this Act22

    shall be equal or shall be equalized in accordance with23

    this subsection.24

    (2) SURPLUS OF FEDERAL LAND VALUE.25

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    (A) IN GENERAL.If the final appraised1

    value of the Federal land exceeds the value of the2

    non-Federal land, Resolution Copper shall3

    (i) convey additional non-Federal land4

    in the State to the Secretary or the Sec-5

    retary of the Interior, consistent with the re-6

    quirements of this Act and subject to the ap-7

    proval of the applicable Secretary;8

    (ii) make a cash payment to the9

    United States; or10

    (iii) use a combination of the methods11

    described in clauses (i) and (ii), as agreed12

    to by Resolution Copper, the Secretary, and13

    the Secretary of the Interior.14

    (B) AMOUNT OF PAYMENT.The Secretary15

    may accept a payment in excess of 25 percent of16

    the total value of the land or interests conveyed,17

    notwithstanding section 206(b) of the Federal18

    Land Policy and Management Act of 1976 (4319

    U.S.C. 1716(b)).20

    (C) DISPOSITION AND USE OF PROCEEDS.21

    Any amounts received by the United States22

    under this subparagraph shall be deposited in23

    the fund established under Public Law 9017124

    (commonly known as the Sisk Act; 16 U.S.C.25

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    484a) and shall be made available, in such1

    amounts as are provided in advance in appro-2

    priation Acts, to the Secretary for the acquisi-3

    tion of land for addition to the National Forest4

    System.5

    (3) SURPLUS OF NON-FEDERAL LAND.If the6

    final appraised value of the non-Federal land exceeds7

    the value of the Federal land8

    (A) the United States shall not make a pay-9

    ment to Resolution Copper to equalize the value;10

    and11

    (B) the surplus value of the non-Federal12

    land shall be considered to be a donation by Res-13

    olution Copper to the United States.14

    (f) OAKFLAT WITHDRAWALAREA.15

    (1) PERMITS.Subject to the provisions of this16

    subsection and notwithstanding any withdrawal of17

    the Oak Flat Withdrawal Area from the mining, min-18

    eral leasing, or public land laws, the Secretary, upon19

    enactment of this Act, shall issue to Resolution Cop-20

    per21

    (A) if so requested by Resolution Copper,22

    within 30 days of such request, a special use per-23

    mit to carry out mineral exploration activities24

    under the Oak Flat Withdrawal Area from exist-25

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    ing drill pads located outside the Area, if the ac-1

    tivities would not disturb the surface of the Area;2

    and3

    (B) if so requested by Resolution Copper,4

    within 90 days of such request, a special use per-5

    mit to carry out mineral exploration activities6

    within the Oak Flat Withdrawal Area (but not7

    within the Oak Flat Campground), if the activi-8

    ties are conducted from a single exploratory drill9

    pad which is located to reasonably minimize vis-10

    ual and noise impacts on the Campground.11

    (2) CONDITIONS.Any activities undertaken in12

    accordance with this subsection shall be subject to13

    such reasonable terms and conditions as the Secretary14

    may require.15

    (3) TERMINATION.The authorization for Reso-16

    lution Copper to undertake mineral exploration ac-17

    tivities under this subsection shall remain in effect18

    until the Oak Flat Withdrawal Area land is conveyed19

    to Resolution Copper in accordance with this Act.20

    (g) COSTS.As a condition of the land exchange under21

    this Act, Resolution Copper shall agree to pay, without com-22

    pensation, all costs that are23

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    (1) associated with the land exchange and any1

    environmental review document under subsection (j);2

    and3

    (2) agreed to by the Secretary.4

    (h) USE OFFEDERAL LAND.The Federal land to be5

    conveyed to Resolution Copper under this Act shall be avail-6

    able to Resolution Copper for mining and related activities7

    subject to and in accordance with applicable Federal, State,8

    and local laws pertaining to mining and related activities9

    on land in private ownership.10

    (i) INTENT OF CONGRESS.It is the intent of Congress11

    that the land exchange directed by this Act shall be con-12

    summated not later than one year after the date of enact-13

    ment of this Act.14

    (j) ENVIRONMENTAL COMPLIANCE.Compliance with15

    the requirements of the National Environmental Policy Act16

    of 1969 (42 U.S.C. 4321 et seq.) under this Act shall be17

    as follows:18

    (1) Prior to commencing production in commer-19

    cial quantities of any valuable mineral from the Fed-20

    eral land conveyed to Resolution Copper under this21

    Act (except for any production from exploration and22

    mine development shafts, adits, and tunnels needed to23

    determine feasibility and pilot plant testing of com-24

    mercial production or to access the ore body and tail-25

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    ing deposition areas), Resolution Copper shall submit1

    to the Secretary a proposed mine plan of operations.2

    (2) The Secretary shall, within 3 years of such3

    submission, complete preparation of an environ-4

    mental review document in accordance with section5

    102(2) of the National Environmental Policy Act of6

    1969 (42 U.S.C. 4322(2)) which shall be used as the7

    basis for all decisions under applicable Federal laws,8

    rules and regulations regarding any Federal actions9

    or authorizations related to the proposed mine and10

    mine plan of operations of Resolution Copper, includ-11

    ing the construction of associated power, water, trans-12

    portation, processing, tailings, waste dump, and other13

    ancillary facilities.14

    SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL15

    LAND.16

    (a) CONVEYANCE.On receipt of title to the Federal17

    land, Resolution Copper shall simultaneously convey18

    (1) to the Secretary, all right, title, and interest19

    that the Secretary determines to be acceptable in and20

    to21

    (A) the approximately 147 acres of land lo-22

    cated in Gila County, Arizona, depicted on the23

    map entitled Southeast Arizona Land Exchange24

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    and Conservation Act of 2013Non-Federal Par-1

    celTurkey Creek and dated February 2013;2

    (B) the approximately 148 acres of land lo-3

    cated in Yavapai County, Arizona, depicted on4

    the map entitled Southeast Arizona Land Ex-5

    change and Conservation Act of 2013Non-Fed-6

    eral ParcelTangle Creek and dated February7

    2013;8

    (C) the approximately 149 acres of land lo-9

    cated in Maricopa County, Arizona, depicted on10

    the map entitled Southeast Arizona Land Ex-11

    change and Conservation Act of 2013Non-Fed-12

    eral ParcelCave Creek and dated February13

    2013;14

    (D) the approximately 640 acres of land lo-15

    cated in Coconino County, Arizona, depicted on16

    the map entitled Southeast Arizona Land Ex-17

    change and Conservation Act of 2013Non-Fed-18

    eral ParcelEast Clear Creek and dated Feb-19

    ruary 2013; and20

    (E) the approximately 110 acres of land lo-21

    cated in Pinal County, Arizona, depicted on the22

    map entitled Southeast Arizona Land Exchange23

    and Conservation Act of 2013Apache Leap24

    South End and dated February 2013; and25

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    (2) to the Secretary of the Interior, all right,1

    title, and interest that the Secretary of the Interior2

    determines to be acceptable in and to3

    (A) the approximately 3,050 acres of land4

    located in Pinal County, Arizona, identified as5

    Lands to DOI as generally depicted on the6

    map entitled Southeast Arizona Land Exchange7

    and Conservation Act of 2013Non-Federal Par-8

    celLower San Pedro River and dated Feb-9

    ruary 2013;10

    (B) the approximately 160 acres of land lo-11

    cated in Gila and Pinal Counties, Arizona, iden-12

    tified as Lands to DOI as generally depicted13

    on the map entitled Southeast Arizona Land14

    Exchange and Conservation Act of 2013Non-15

    Federal ParcelDripping Springs and dated16

    February 2013; and17

    (C) the approximately 940 acres of land lo-18

    cated in Santa Cruz County, Arizona, identified19

    as Lands to DOI as generally depicted on the20

    map entitled Southeast Arizona Land Exchange21

    and Conservation Act of 2013Non-Federal Par-22

    celAppleton Ranch and dated February 2013.23

    (b) MANAGEMENT OFACQUIREDLAND.24

    (1) LAND ACQUIRED BY THE SECRETARY.25

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    (A) IN GENERAL.Land acquired by the1

    Secretary under this Act shall2

    (i) become part of the national forest3

    in which the land is located; and4

    (ii) be administered in accordance5

    with the laws applicable to the National6

    Forest System.7

    (B) BOUNDARY REVISION.On the acquisi-8

    tion of land by the Secretary under this Act, the9

    boundaries of the national forest shall be modi-10

    fied to reflect the inclusion of the acquired land.11

    (C) LAND AND WATER CONSERVATION12

    FUND.For purposes of section 7 of the Land13

    and Water Conservation Fund Act of 1965 (1614

    U.S.C. 46019), the boundaries of a national for-15

    est in which land acquired by the Secretary is16

    located shall be deemed to be the boundaries of17

    that forest as in existence on January 1, 1965.18

    (2) LAND ACQUIRED BY THE SECRETARY OF THE19

    INTERIOR.20

    (A) SAN PEDRO NATIONAL CONSERVATION21

    AREA.22

    (i) IN GENERAL.The land acquired23

    by the Secretary of the Interior under sub-24

    section (a)(2)(A) shall be added to, and ad-25

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    ministered as part of, the San Pedro Na-1

    tional Conservation Area in accordance2

    with the laws (including regulations) appli-3

    cable to the Conservation Area.4

    (ii) MANAGEMENT PLAN.Not later5

    than 2 years after the date on which the6

    land is acquired, the Secretary of the Inte-7

    rior shall update the management plan for8

    the San Pedro National Conservation Area9

    to reflect the management requirements of10

    the acquired land.11

    (B) DRIPPING SPRINGS.Land acquired by12

    the Secretary of the Interior under subsection13

    (a)(2)(B) shall be managed in accordance with14

    the Federal Land Policy and Management Act of15

    1976 (43 U.S.C. 1701 et seq.) and applicable16

    land use plans.17

    (C) LAS CIENEGAS NATIONAL CONSERVA-18

    TION AREA.Land acquired by the Secretary of19

    the Interior under subsection (a)(2)(C) shall be20

    added to, and administered as part of, the Las21

    Cienegas National Conservation Area in accord-22

    ance with the laws (including regulations) appli-23

    cable to the Conservation Area.24

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    (c) SURRENDER OFRIGHTS.In addition to the con-1

    veyance of the non-Federal land to the United States under2

    this Act, and as a condition of the land exchange, Resolu-3

    tion Copper shall surrender to the United States, without4

    compensation, the rights held by Resolution Copper under5

    the mining laws and other laws of the United States to com-6

    mercially extract minerals under Apache Leap.7

    SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.8

    (a) ANNUALPRODUCTIONREPORTING.9

    (1) REPORT REQUIRED.As a condition of the10

    land exchange under this Act, Resolution Copper shall11

    submit to the Secretary of the Interior an annual re-12

    port indicating the quantity of locatable minerals13

    produced during the preceding calendar year in com-14

    mercial quantities from the Federal land conveyed to15

    Resolution Copper under section 4. The first report is16

    required to be submitted not later than February 1517

    of the first calendar year beginning after the date of18

    commencement of production of valuable locatable19

    minerals in commercial quantities from such Federal20

    land. The reports shall be submitted February 15 of21

    each calendar year thereafter.22

    (2) SHARING REPORTS WITH STATE.The Sec-23

    retary shall make each report received under para-24

    graph (1) available to the State.25

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    (3) REPORT CONTENTS.The reports under1

    paragraph (1) shall comply with any recordkeeping2

    and reporting requirements prescribed by the Sec-3

    retary or required by applicable Federal laws in effect4

    at the time of production.5

    (b) PAYMENT ON PRODUCTION.If the cumulative6

    production of valuable locatable minerals produced in com-7

    mercial quantities from the Federal land conveyed to Reso-8

    lution Copper under section 4 exceeds the quantity of pro-9

    duction of locatable minerals from the Federal land used10

    in the income capitalization approach analysis prepared11

    under section 4(d), Resolution Copper shall pay to the12

    United States, by not later than March 15 of each applica-13

    ble calendar year, a value adjustment payment for the14

    quantity of excess production at the same rate assumed for15

    the income capitalization approach analysis prepared16

    under section 4(d).17

    (c) STATELAW UNAFFECTED.Nothing in this section18

    modifies, expands, diminishes, amends, or otherwise affects19

    any State law relating to the imposition, application, tim-20

    ing, or collection of a State excise or severance tax.21

    (d) USE OFFUNDS.22

    (1) SEPARATE FUND.All funds paid to the23

    United States under this section shall be deposited in24

    a special fund established in the Treasury and shall25

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    be available, in such amounts as are provided in ad-1

    vance in appropriation Acts, to the Secretary and the2

    Secretary of the Interior only for the purposes author-3

    ized by paragraph (2).4

    (2) AUTHORIZED USE.Amounts in the special5

    fund established pursuant to paragraph (1) shall be6

    used for maintenance, repair, and rehabilitation7

    projects for Forest Service and Bureau of Land Man-8

    agement assets.9

    SEC. 7. WITHDRAWAL.10

    Subject to valid existing rights, Apache Leap and any11

    land acquired by the United States under this Act are with-12

    drawn from all forms of13

    (1) entry, appropriation, or disposal under the14

    public land laws;15

    (2) location, entry, and patent under the mining16

    laws; and17

    (3) disposition under the mineral leasing, min-18

    eral materials, and geothermal leasing laws.19

    SEC. 8. APACHE LEAP.20

    (a) MANAGEMENT.21

    (1) IN GENERAL.The Secretary shall manage22

    Apache Leap to preserve the natural character of23

    Apache Leap and to protect archeological and cul-24

    tural resources located on Apache Leap.25

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    (2) SPECIAL USE PERMITS.The Secretary may1

    issue to Resolution Copper special use permits allow-2

    ing Resolution Copper to carry out underground ac-3

    tivities (other than the commercial extraction of min-4

    erals) under the surface of Apache Leap that the Sec-5

    retary determines would not disturb the surface of the6

    land, subject to any terms and conditions that the7

    Secretary may require.8

    (3) FENCES; SIGNAGE.The Secretary may9

    allow use of the surface of Apache Leap for installa-10

    tion of fences, signs, monitoring devices, or other11

    measures necessary to protect the health and safety of12

    the public, protect resources located on Apache Leap,13

    or to ensure that activities conducted under para-14

    graph (2) do not affect the surface of Apache Leap.15

    (b) PLAN.16

    (1) IN GENERAL.Not later than 3 years after17

    the date of enactment of this Act, the Secretary, in18

    consultation with affected Indian tribes, the Town,19

    Resolution Copper, and other interested members of20

    the public, shall prepare a management plan for21

    Apache Leap.22

    (2) CONSIDERATIONS.In preparing the plan23

    under paragraph (1), the Secretary shall consider24

    whether additional measures are necessary to25

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    (A) protect the cultural, archaeological, or1

    historical resources of Apache Leap, including2

    permanent or seasonal closures of all or a por-3

    tion of Apache Leap; and4

    (B) provide access for recreation.5

    (c) MININGACTIVITIES.The provisions of this section6

    shall not impose additional restrictions on mining activi-7

    ties carried out by Resolution Copper adjacent to, or outside8

    of, the Apache Leap area beyond those otherwise applicable9

    to mining activities on privately owned land under Federal,10

    State, and local laws, rules and regulations.11

    SEC. 9. MISCELLANEOUS PROVISIONS.12

    (a) REVOCATION OF ORDERS; WITHDRAWAL.13

    (1) REVOCATION OF ORDERS.Any public land14

    order that withdraws the Federal land from appro-15

    priation or disposal under a public land law shall be16

    revoked to the extent necessary to permit disposal of17

    the land.18

    (2) WITHDRAWAL.On the date of enactment of19

    this Act, if the Federal land or any Federal interest20

    in the non-Federal land to be exchanged under section21

    4 is not withdrawn or segregated from entry and ap-22

    propriation under a public land law (including min-23

    ing and mineral leasing laws and the Geothermal24

    Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the land25

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    or interest shall be withdrawn, without further action1

    required by the Secretary concerned, from entry and2

    appropriation. The withdrawal shall be terminated3

    (A) on the date of consummation of the land4

    exchange; or5

    (B) if Resolution Copper notifies the Sec-6

    retary in writing that it has elected to withdraw7

    from the land exchange pursuant to section8

    206(d) of the Federal Land Policy and Manage-9

    ment Act of 1976, as amended (43 U.S.C.10

    1716(d)).11

    (3) RIGHTS OF RESOLUTION COPPER.Nothing12

    in this Act shall interfere with, limit, or otherwise13

    impair, the unpatented mining claims or rights cur-14

    rently held by Resolution Copper on the Federal land,15

    nor in any way change, diminish, qualify, or other-16

    wise impact Resolution Coppers rights and ability to17

    conduct activities on the Federal land under such18

    unpatented mining claims and the general mining19

    laws of the United States, including the permitting or20

    authorization of such activities.21

    (b) MAPS, ESTIMATES, ANDDESCRIPTIONS.22

    (1) MINOR ERRORS.The Secretary concerned23

    and Resolution Copper may correct, by mutual agree-24

    ment, any minor errors in any map, acreage esti-25

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    mate, or description of any land conveyed or ex-1

    changed under this Act.2

    (2) CONFLICT.If there is a conflict between a3

    map, an acreage estimate, or a description of land in4

    this Act, the map shall control unless the Secretary5

    concerned and Resolution Copper mutually agree oth-6

    erwise.7

    (3) AVAILABILITY.On the date of enactment of8

    this Act, the Secretary shall file and make available9

    for public inspection in the Office of the Supervisor,10

    Tonto National Forest, each map referred to in this11

    Act.12

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    Union

    Calendar

    No.121

    11

    3TH

    CONGRE

    SS

    1S

    TSESSION

    H.R.68

    7

    [ReportNo.113167]

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