16 USC 539p - Southeast Arizona land exchange and conservation

U.S Code last checked for updates: May 03, 2024

§ 539p.

Southeast Arizona land exchange and conservation

(a)

Purpose

(b)

Definitions

In this section:

(1)

Apache Leap

(2)

Federal land

(3)

Indian tribe

(4)

Non-Federal land

(5)

Oak Flat Campground

(6)

Oak Flat Withdrawal Area

(7)

Resolution Copper

(8)

Secretary

(9)

State

(10)

Town

(11)

Resolution mine plan of operations

(c)

Land exchange

(1)

In general

(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

(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

(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

(iv)

Public review

(C)

Appraisal information

(5)

Equal value land exchange

(A)

In general

(B)

Surplus of Federal land value

(i)

In general

(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

(iii)

Disposition and use of proceeds

(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

(C)

Termination

(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

(9)

Environmental compliance

(A)

In general

(B)

Environmental analysis

(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

(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

(iii)

Land and Water Conservation Fund

(B)

Land acquired by the Secretary of the Interior

(i)

San Pedro National 1

 So in original. The word “Riparian” probably should precede “National”.

Conservation Area

(I)

In general

(II)

Management plan

(ii)

Dripping springs

(iii)

Las Cienegas National Conservation Area

(e)

Value adjustment payment to United States

(1)

Annual production reporting

(A)

Report required

(B)

Sharing reports with State

(C)

Report contents

(2)

Payment on production

(3)

State law unaffected

(4)

Use of funds

(A)

Separate fund

(B)

Authorized use

(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

(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

(4)

Management

(A)

In general

(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

(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

(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

(3)

Sisk Act

(4)

Terms and conditions

(i)

Miscellaneous provisions

(1)

Revocation of orders; withdrawal

(A)

Revocation of orders

(B)

Withdrawal

On December 19, 2014, 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

(2)

Maps, estimates, and descriptions

(A)

Minor errors

(B)

Conflict

(C)

Availability

(3)

Public access in and around Oak Flat Campground

(Pub. L. 113–291, div. B, title XXX, § 3003, Dec. 19, 2014, 128 Stat. 3732.)

cite as: 16 USC 539p