HR 1904 · 112th Congress 2011–2013, ended

Southeast Arizona Land Exchange and Conservation Act of 2011

Introduced May 13, 2011 Originated House Sponsor Paul A. Gosar R-AZ

Latest action · Feb 9, 2012 Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-486.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedMay 13, 2011
Passed HouseOct 26, 2011
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

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.

Recorded votes 5

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 809	On Passage	Passed235–186	Oct 26, 2011

House 808	On Motion to Recommit with Instructions	Failed187–237	Oct 26, 2011

House 807	On Agreeing to the Amendment	Failed182–240	Oct 26, 2011

House 806	On Agreeing to the Amendment	Failed173–238	Oct 26, 2011

House 805	On Agreeing to the Amendment	Failed189–233	Oct 26, 2011

Cosponsors 28

Members who signed on, in the order they did. Signatures ran from May 13, 2011 to Oct 14, 2011; 4 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-AZ	Benjamin Quayle	Original	May 13, 2011
R-AZ	David Schweikert	Original	May 13, 2011
R-AZ	Jeff Flake	Original	May 13, 2011
R-AZ	Trent Franks	Original	May 13, 2011
R-IL	Donald A. Manzullo		May 26, 2011
R-CO	Scott R. Tipton		May 26, 2011
R-UT	Jason Chaffetz		May 31, 2011
R-UT	Rob Bishop		May 31, 2011
R-WY	Cynthia M. Lummis		Jun 3, 2011
R-NM	Stevan Pearce		Jul 26, 2011
R-MO	Blaine Luetkemeyer		Oct 6, 2011
R-TX	Pete Sessions		Oct 13, 2011
R-TX	Bill Flores		Oct 14, 2011
R-WA	Cathy McMorris Rodgers		Oct 14, 2011
R-AK	Don Young		Oct 14, 2011
R-PA	Glenn Thompson		Oct 14, 2011
R-OR	Greg Walden		Oct 14, 2011
R-OK	James Lankford		Oct 14, 2011
R-LA	Jeffrey M. Landry		Oct 14, 2011
R-TX	John R. Carter		Oct 14, 2011
R-NV	Joseph J. Heck		Oct 14, 2011
R-NV	Mark E. Amodei		Oct 14, 2011
R-IN	Marlin A. Stutzman		Oct 14, 2011
R-ID	Michael K. Simpson		Oct 14, 2011
R-PA	Mike Kelly		Oct 14, 2011
R-AL	Mo Brooks		Oct 14, 2011
R-FL	Steve Southerland II		Oct 14, 2011
R-NY	Tom Reed		Oct 14, 2011

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Natural Resources Committee	Referred May 13, 2011Markup Jul 13, 2011Reported Oct 14, 2011
	Federal Lands Subcommittee	Referred May 26, 2011Hearings Jun 14, 2011Discharged Jul 13, 2011
Senate	Energy and Natural Resources Committee	Referred Oct 31, 2011Hearings Feb 9, 2012

Actions 39

Everything that happened, newest first.

Feb 9, 2012Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 112-486.
Oct 31, 2011Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Oct 26, 2011Considered under the provisions of rule H. Res. 444. (consideration: CR H7108-7112)
Oct 26, 2011Rule 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.
Oct 26, 2011House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 444 and Rule XVIII.

Show all 39 actions

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Extensions	Debate and remarks E2258	Edward J. Markey D-MA	Dec 14, 2011
House · Extensions	Debate and remarks E1960, H7152	Glenn Thompson R-PA, Ron Paul R-TX	Oct 27, 2011
House	Debate and remarks H7090–H7112Text printed H7100–H7102Amendments H7100, H7102, H7104, H7106Motions H7110Recorded votes H7108, H7109, H7111Deutch motion to recommit (prohibit conveyance of any Federal land to a company or affiliate connected with the Iran Foreign Investment Co.)Grijalva amendment (require local Resolution Copper Mining (company) operations and hiring priority, and domestic processing, use, and equipment used relative to mining)Lujan amendment (exempt Native American sacred and cultural sites from proposal to facilitate efficient extraction of mineral resources)	Ben Ray Luján D-NM (amendment), Benjamin Quayle R-AZ, Carolyn B. Maloney D-NY, Chris Van Hollen D-MD, Dale E. Kildee D-MI, Dan Benishek R-MI, David Schweikert R-AZ, Doc Hastings R-WA, Earl Blumenauer D-OR, Ed Pastor D-AZ, Edward J. Markey D-MA (amendment), Jeff Flake R-AZ, Joe Baca D-CA, John Garamendi D-CA, Keith Ellison D-MN, Laura Richardson D-CA, Paul A. Gosar R-AZ, Raúl M. Grijalva D-AZ (amendment), Stevan Pearce R-NM, Theodore E. Deutch D-FL (motion), Trent Franks R-AZ	Oct 26, 2011
House	Debate and remarks H7036–H7043Text printed H7036Recorded votes H7042	Alcee L. Hastings D-FL, Jeff Flake R-AZ, Louise McIntosh Slaughter D-NY, Paul A. Gosar R-AZ, Rob Bishop R-UT, Stevan Pearce R-NM	Oct 25, 2011

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

H. Rept. 112-246

Congressional Budget Office cost estimate

Aug 31, 2011H.R. 1904, Southeast Arizona Land Exchange and Conservation Act of 2011Cost estimate for the bill as ordered reported by the House Committee on Natural Resources on July 13, 2011

Constitutional authority

[Pages H3302-H3303] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. GOSAR: H.R. 1904. Congress has the power to enact this legislation pursuant to the following: This bill addresses federal transfer of federal land. Accordingly, we turn to the following constitutional authority: Article IV of the Constitution provides the authority of Congress over federal property as a general matter. Article IV, Sec. 3 refers to the managerial authority over property owned by the Federal Government, and provides in relevant part: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; . . . By virtue of this enumerated power, Congress has governing authority over the lands, territories, or other property of the United States--and with this authority Congress is vested with the power accredited to all owners in fee, the power to sell, lease, dispose, exchange, transfer, trade, mine, or simply preserve land. The appropriate acreage to be held under Federal dominance is not the subject of this bill. Turning to the power of Article IV, Sec. 3, the Supreme Court has described this enumerated grant as one ``without limitation'' Kleppe v. New Mexico, 426 U.S. 529, 542-543 (1976) (``And while the furthest reaches of the power granted by the Property Clause have not yet been definitively resolved, we have repeatedly observed that `[t]he power over the public land thus entrusted to Congress is without limitations.' Citing United States v. San Francisco, 310 U.S. 29. The Court in Kleppe further explained that ``In short, Congress exercises the powers both of a proprietor and of a legislature over the public domain.'' Id. Like any ``proprietor'' Congress has the power to sell or exchange federal property. It is now generally accepted that the Federal Government may own and manage property in the manner and form mandated by Congress. United States v. Gratiot, 39 U.S. 526 (1840); Cornfield v. United States, 167 U.S. 518 (1897). However, the wisdom of the Federal Government owning large tracts of land, particularly in the Western States, is subject to question on policy grounds, and some contend on Constitutional grounds based on the decision in Pollard's Lessee v. Hagan, 44 U.S. 212 (where the Court stated that ``a proper examination of this subject will show that the United States never held any municipal sovereignty, jurisdiction, or right of soil in and to the territory of which Alabama or any of the new States were formed, except for temporary purposes. . . .'' Historically, the early federal government transferred ownership of federal property to either private ownership or to state ownership in order to pay off the then crushing Revolutionary War debts and to assist with the development of infrastructure. These are still acceptable goals for federal property sale or transfer. The land exchange here is one that comports with good policy and constitutional strictures since by exchanging the land set forth in this bill, a large commercial grade copper mine will be able to proceed with the attendant economic benefits with which such a proposition inures (assuming compliance with other requirements set forth in the bill), but the Federal Government also gains equally valuable land that has significance for other purposes. Article 1, Sec. 8, Cl. 17 addresses property ceded by a state and conveys exclusive regulatory federal jurisdiction over these federal properties and enclaves. Section 8, Cl, 17 may also provide some guidance here to the extent it grants Congress the power to ``exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings.'' But it is Article IV that this bill is grounde[...]

The sponsor’s statement, as printed in the page H3303.

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 112-93	DEPARTMENT OF THE INTERIOR SPENDING AND THE PRESIDENT'S FISCAL YEAR 2013 BUDGET PROPOSAL91 pages	Natural Resources Committee	Feb 15, 2012
S. Hrg. 112-486	RESOLUTION COPPER111 pages	Energy and Natural Resources Committee	Feb 9, 2012
Serial No. 112-40	LEGISLATIVE HEARING ON H.R. 1904, ``SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION ACT OF 2011''; H.R. 869, ``TO CLARIFY THE DEFINITION OF FLOOD CONTROL OPERATIONS FOR THE PURPOSES OF THE OPERATION AND MAINTENANCE OF PROJECT NO. 2179 ON THE LOWER MERCED RIVER''; H.R. 1258, ``BOX ELDER UTAH LAND CONVEYANCE ACT''; H.R. 1545, ``WACO MAMMOTH NATIONAL MONUMENT ESTABLISHMENT ACT OF 2011''; H.R. 473, ``HELP TO ACCESS LAND FOR THE EDUCATION OF SCOUTS OR HALE SCOUTS ACT''; AND H.R. 1740, ``TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE A SEGMENT OF ILLABOT CREEK IN SKAGIT COUNTY, WASHINGTON, AS A COMPONENT OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM.''112 pages	Natural Resources Committee	Jun 14, 2011
Serial No. 112-33	OVERSIGHT HEARING ON THE ``STRATEGIC AND CRITICAL MINERALS POLICY: DOMESTIC MINERALS SUPPLIES AND DEMANDS IN A TIME OF FOREIGN SUPPLY DISRUPTIONS.''57 pages	Natural Resources Committee	May 24, 2011

Amendments 4

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 843	An amendment numbered 1 printed in Part B of House Report 112-258 to exempt all Native American sacred and cultural sites from the land conveyance.	Ben Ray Luján D-NM	On agreeing to the Lujan amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 805).
HAmdt 844	An amendment numbered 2 printed in Part B of House Report 112-258 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.	Edward J. Markey D-MA	On agreeing to the Markey amendment (A002) Failed by recorded vote: 173 - 238 (Roll no. 806).
HAmdt 845	An amendment numbered 3 printed in Part B of House Report 112-258 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.	Raúl M. Grijalva D-AZ	On agreeing to the Grijalva amendment (A003) Failed by recorded vote: 182 - 240 (Roll no. 807).
HAmdt 846	No description on file	Rules Committee	House amendment offered

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HRES 444	Providing for consideration of the bill (H.R. 1904) 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.	Procedurally related	Oct 25, 2011

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced: 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.
Short Titles as Introduced: Southeast Arizona Land Exchange and Conservation Act of 2011
Short Titles as Reported to House: Southeast Arizona Land Exchange and Conservation Act of 2011
Short Titles as Passed House: Southeast Arizona Land Exchange and Conservation Act of 2011

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 4

Each version as it was printed, newest first.

Oct 31, 2011Referred in Senate
Oct 26, 2011Engrossed in House
Oct 14, 2011Reported in House
May 13, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.