HR 1904 — Southeast Arizona Land Exchange and Conservation Act of 2011

Summary

Southeast Arizona Land Exchange and Conservation Act of 2011 - (Sec. 4) Authorizes and directs the Secretary of Agriculture (USDA) (the Secretary), if Resolution Copper Mining, LLC offers to convey specified parcels of non-federal land in Gila, Yavapi, Maricopa, Coconino, Pinal, and/or Santa Cruz Counties, Arizona, that are acceptable to the Secretary or the Secretary of the Interior, to convey certain federal land in Pinal County, Arizona, to Resolution Copper. Instructs the Secretary to engage in government-to-government consultation with affected Indian tribes on issues related to the land exchange. Sets forth requirements for appraisals of the federal and non-federal land. Makes the appraisals of the land to be exchanged available for public review. Requires an appraisal prepared under this Act to include an income capitalization approach analysis of the market value of the federal land, which may be utilized, as appropriate, for determining such land's value, and to be the basis for the calculation of any value adjustment payment under section 6 of this Act. Requires the values of the land to be exchanged under this Act to be equal or equalized, as specified. Makes the federal lands available to Resolution Copper for use for mining and related activities. Requires the Secretary, if so requested by Resolution Copper, to issue separate special use permits to it to carry out mineral exploration activities: (1) under the Oak Flat Withdrawal Area from existing drill pads outside the Area, if they would not disturb the surface of the area; and (2) within the Withdrawal Area (with the exception of within the Oak Flat Campground), if they are conducted from a single exploratory drill pad which is located to minimize visual and noise impacts on the Campground. Terminates such authorization to undertake such activities in the Oak Flat Withdrawal Area when the Withdrawal Area land is conveyed to Resolution Copper. Requires Resolution Copper to agree to pay, without compensation, costs that are associated with the land exchange and any environmental review document completed pursuant to this section and agreed to by the Secretary. Expresses the intent of Congress that the land exchange under this Act be completed within one year of enactment of this Act. Instructs Resolution Copper to submit a proposed mine plan of operations before starting production in commercial quantities of any valuable mineral from the federal land conveyed under this Act, with the exception of any production from exploration and mine development shafts, adits, and tunnels needed to determine the feasibility and pilot plant testing of production or to access the ore body and tailing deposition areas. Requires the Secretary, within three years of such submission, to complete preparation of an environmental review document in accordance with the National Environmental Policy Act of 1969 (NEPA), to be used as the basis for all decisions regarding any federal actions or authorizations related to the proposed mine and mine plan, including for the construction of associated power, water, and other ancillary facilities. (Sec. 5) Requires Resolution Copper, upon receipt of title to the federal land, to convey to the Secretary and Secretary of the Interior the non-federal land that was determined to be acceptable to them. Makes lands acquired by the Secretary under this section part of the National Forest within which the land is located. Adds certain of the non-federal land in Pinal County acquired by the Secretary of the Interior to the San Pedro Riparian National Conservation Area. Requires updating of the Conservation Area's management plan to reflect the management requirements of the acquired land. Requires certain of the non-federal land in Gila and Pinal Counties acquired by the Secretary of the Interior (Dripping Springs) to be managed according to the Federal Land Policy and Management Act of 1976 and applicable land use plans. Adds certain of the non-federal land in Santa Cruz County acquired by the Secretary of the Interior to the Las Cienegas National Conservation Area. Instructs Resolution Copper to surrender, without compensation, the rights held by it under mining and other U.S. laws to commercially extract minerals under Apache Leap. (Sec. 6) Directs Resolution Copper to file annually with the Secretary of the Interior a report that indicates the quantity of valuable locatable minerals produced in commercial quantities from the federal land. Requires Resolution Copper to make value adjustment payments to the United States based upon locatable minerals produced from such land. Requires such Secretary to make such reports available to the state of Arizona. Prohibits anything in this section from modifying, expanding, diminishing, amending, or otherwise affecting any state law related to the imposition, application, timing, or collection of a state excise or severance tax. Requires funds paid to the United States under this section to be deposited in a special fund established in the Treasury and made available, in such amounts as are provided in advance in appropriation Acts, to the Secretaries to be used to maintain, repair, and rehabilitate projects for Forest Service and Bureau of Land Management (BLM) assets. (Sec. 7) Withdraws Apache Leap and land acquired by the United States under this Act from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (Sec. 8) Directs the Secretary to manage Apache Leap so as to preserve its natural character and to protect the archaeological and cultural resources located on it. Authorizes the Secretary to issue to Resolution Copper special use permits that allow it to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that would not disturb the surface. Requires preparation of a management plan for Apache Leap. Prohibits this section's provisions from imposing 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. (Sec. 9) Directs the Secretary, upon request by the town of Superior, Arizona, to convey specified lands in Pinal County to the town. Requires the town to pay the fair market value for each acquired parcel of land or interest, as determined by appraisals conducted in accordance with section 4 of this Act. Requires any payment received by the Secretary from the town to be deposited in the fund established under the Sisk Act and made available, in such amounts as are provided in advance in appropriation Acts, for the acquisition of land for addition to the National Forest System. (Sec. 10) Revokes any public land order that withdraws the federal land from appropriation or disposal under a public land law to the extent necessary to permit the disposal of such land. Withdraws the federal land or any federal interest in the non-federal land to be exchanged under section 4 of this Act, if not already 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), from entry and appropriation without further action required by the Secretary. Terminates such withdrawal: (1) upon the completion of the land exchange, or (2) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from such exchange. Prohibits anything in this Act from interfering with, limiting, or otherwise impairing the unpatented mining claims or rights currently held by Resolution Copper on the federal land or in any way changing, diminishing, qualifying, or otherwise impacting Resolution Copper's rights and ability to conduct activities on such land under such claims and U.S. general mining laws.

Bill Text

Action History

1. February 09, 2012

   Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-486.

2. October 31, 2011

   Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

3. October 26, 2011

   Motion to reconsider laid on the table Agreed to without objection.

4. October 26, 2011

   On passage Passed by recorded vote: 235 - 186 (Roll no. 809).

5. October 26, 2011

   On motion to recommit with instructions Failed by recorded vote: 187 - 237 (Roll no. 808).

6. October 26, 2011

   The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7111)

7. October 26, 2011

   DEBATE - The House proceeded with 10 minutes of debate on the Deutch motion to recommit with instructions. The instructions in the motion seek to report the same to the House with an amendment to add language to prevent land exchanges with companies doing business with Iran.

8. October 26, 2011

   Mr. Deutch moved to recommit with instructions to Natural Resources. (consideration: CR H7110-7111; text: CR H7110)

9. October 26, 2011

   MOMENT OF SILENCE - The Chair asked that the House now observe a moment of silence in rememberance of our brave men and women in uniform who have given their lives in the service of our nation in Iraq and Afghanistan and their families, and of all who serve in our armed forces and their families.

10. October 26, 2011

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of committee amendment in the nature of a substitute: CR H7100-7102)

11. October 26, 2011

    The previous question was ordered pursuant to the rule. (consideration: CR H7110)

12. October 26, 2011

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1904.

13. October 26, 2011

    H.AMDT.845 On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 182 - 240 (Roll no. 807).

14. October 26, 2011

    H.AMDT.844 On agreeing to the Markey amendment (A002) Failed by recorded vote: 173 - 238 (Roll no. 806).

15. October 26, 2011

    H.AMDT.843 On agreeing to the Lujan amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 805).

16. October 26, 2011

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

17. October 26, 2011

    Considered as unfinished business. (consideration: CR H7108-7112)

18. October 26, 2011

    Committee of the Whole House on the state of the Union rises leaving H.R. 1904 as unfinished business.

19. October 26, 2011

    On motion that the committee rise Agreed to by voice vote.

20. October 26, 2011

    Mr. Hastings (WA) moved that the committee rise.

21. October 26, 2011

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

22. October 26, 2011

    DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment.

23. October 26, 2011

    H.AMDT.845 Amendment (A003) offered by Mr. Grijalva. (consideration: CR H7106-7107, H7109-7110; text: CR H7106)Amendment sought to require that the remote operations center for the proposed mine be located in the local community, that the company actively recruit and hire local employees, that all ore produced from the mine be processed in the United States and that all equipment used at the mine be made in the United States.

24. October 26, 2011

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

25. October 26, 2011

    DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.

26. October 26, 2011

    H.AMDT.844 Amendment (A002) offered by Mr. Markey. (consideration: CR H7104-7106, H7108-7109; text: CR H7104-7105)Amendment sought to require, as a condition of the land exchange authorized by the bill, that Resolution Copper pay an 8% royalty to the United States on all locatable minerals produced in commercial quantities from the Federal land the company receives in the exchange.

27. October 26, 2011

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Lujan amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Lujan demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

28. October 26, 2011

    DEBATE - Pursuant to the provisions of H.Res. 444, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan amendment.

29. October 26, 2011

    H.AMDT.843 Amendment (A001) offered by Mr. Lujan. (consideration: CR H7102-7104, H7108; text: CR H7102-7103)Amendment sought to exempt all Native American sacred and cultural sites from the land conveyance.

30. October 26, 2011

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1904.

31. October 26, 2011

    The Speaker designated the Honorable Tim Murphy to act as Chairman of the Committee.

32. October 26, 2011

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 444 and Rule XVIII.

33. October 26, 2011

    Rule provides for consideration of H.R. 1904 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute, as amended. The resolution waives all points of order against the amendments printed in Part B of the report.

34. October 26, 2011

    Considered under the provisions of rule H. Res. 444. (consideration: CR H7108-7112)

35. October 25, 2011

    Rule H. Res. 444 passed House.

36. October 24, 2011

    Rules Committee Resolution H. Res. 444 Reported to House. Rule provides for consideration of H.R. 1904 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute, as amended. The resolution waives all points of order against the amendments printed in Part B of the report.

37. October 14, 2011

    Placed on the Union Calendar, Calendar No. 162.

38. October 14, 2011

    Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-246.

39. July 13, 2011

    Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 19.

40. July 13, 2011

    Subcommittee on National Parks, Forests and Public Lands Discharged.

41. July 13, 2011

    Committee Consideration and Mark-up Session Held.

42. June 14, 2011

    Subcommittee Hearings Held.

43. May 26, 2011

    Referred to the Subcommittee on National Parks, Forests and Public Lands.

44. May 13, 2011

    Referred to the House Committee on Natural Resources.

Sponsors

• Paul Gosar · Primary

Subjects