HR 687 · 113th Congress 2013–2015, ended

Southeast Arizona Land Exchange and Conservation Act of 2013

Introduced Feb 14, 2013 Originated House Sponsor Paul A. Gosar R-AZ

Latest action · Sep 26, 2013 Committee of the Whole House on the state of the Union rises leaving H.R. 687 as unfinished business.

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.

IntroducedFeb 14, 2013
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Southeast Arizona Land Exchange and Conservation Act of 2013 - (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 the 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 Act 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 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) 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 from entry and appropriation without further action required by the Secretary 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).

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 2

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

Roll call	Question	Result	Date
House 490	On Agreeing to the Amendment	Failed191–217	Sep 26, 2013

House 489	On Agreeing to the Amendment	Failed180–227	Sep 26, 2013

Cosponsors 4

Members who signed on, in the order they did. All signed on Feb 14, 2013.

Seat	Cosponsor		Signed on
D-AZ	Ann Kirkpatrick	Original	Feb 14, 2013
R-AZ	David Schweikert	Original	Feb 14, 2013
R-AZ	Matt Salmon	Original	Feb 14, 2013
R-AZ	Trent Franks	Original	Feb 14, 2013

Committees 1

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 Feb 14, 2013Markup May 15, 2013Reported Jul 22, 2013
	Federal Lands Subcommittee	Referred Feb 21, 2013Discharged May 15, 2013
	Energy and Mineral Resources Subcommittee	Referred Feb 21, 2013Hearings Mar 21, 2013Discharged May 15, 2013

Actions 27

Everything that happened, newest first.

Sep 26, 2013Considered under the provisions of rule H. Res. 351. (consideration: CR H5848-5863; text of an amendment in the nature of a substitute: CR H5854-5856)
Sep 26, 2013Rule provides for consideration of H.R. 687, H.R. 1526 and H.R. 3102. Measures will be considered read.
Sep 26, 2013House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 351 and Rule XVIII.
Sep 26, 2013The Speaker designated the Honorable Lee Terry to act as Chairman of the Committee.
Sep 26, 2013GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 687.
Sep 26, 2013DEBATE - Pursuant to the provisions of H.Res. 351, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva Part A amendment No. 1.
Sep 26, 2013POSTPONED 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 later in the legislative day.
Sep 26, 2013DEBATE - Pursuant to the provisions of H. Res. 351, the Committee of the Whole proceeded with 10 minutes of debate on the Ben Ray Lujan (NM) Part A amendment No. 2.
Sep 26, 2013POSTPONED PROCEEDINGS - At the conclusion of debate on the Ben Ray Lujan (NM) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Ben Ray Lujan (NM) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Sep 26, 2013DEBATE - Pursuant to the provisions of H. Res. 351, the Committee of the Whole proceeded with 10 minutes of debate on the Napolitano Part A amendment No. 3.
Sep 26, 2013POSTPONED PROCEEDINGS - At the conclusion of debate on the Napolitano amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mrs. Napolitano demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Sep 26, 2013UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Sep 26, 2013Mr. Hastings (WA) moved the the Committee now rise.
Sep 26, 2013On motion the the Committee now rise Agreed to by voice vote.
Sep 26, 2013Committee of the Whole House on the state of the Union rises leaving H.R. 687 as unfinished business.
Sep 18, 2013Rules Committee Resolution H. Res. 351 Reported to House. Rule provides for consideration of H.R. 687, H.R. 1526 and H.R. 3102. Measures will be considered read.
Jul 22, 2013Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-167.
Jul 22, 2013Placed on the Union Calendar, Calendar No. 121.
May 15, 2013Subcommittee on Energy and Mineral Resources Discharged.
May 15, 2013Subcommittee on Public Lands and Environmental Regulation Discharged.
May 15, 2013Committee Consideration and Mark-up Session Held.
May 15, 2013Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 19.
Mar 21, 2013Subcommittee Hearings Held.
Feb 21, 2013Referred to the Subcommittee on Public Lands and Environmental Regulation.
Feb 21, 2013Referred to the Subcommittee on Energy and Mineral Resources.
Feb 14, 2013Introduced in House
Feb 14, 2013Referred to the House Committee on Natural Resources.

In the Congressional Record 7

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
House	Lists H8374, H8375Groups opposed to H.R. 687, Southeast Arizona Land Exchange and Conservation ActTribes and tribal organizations opposed to H.R. 687, Southeast Arizona Land Exchange and Conservation Act	Betty McCollum D-MN	Dec 4, 2014
Extensions	Debate and remarks E1393	Chris Van Hollen D-MD	Sep 27, 2013
House	Debate and remarks H5848–H5863Text printed H5854–H5856Amendments H5856, H5857, H5860Recorded votes H5862Grijalva amendment (condition land exchange with Resolution Copper Mining (company) for mining project on locating remote operations center in or near Superior, AZ)Lists H5858Native American tribes and organizations opposed to H.R. 687, Southeast Arizona Land Exchange and Conservation Act	Ann Kirkpatrick D-AZ, Ben Ray Luján D-NM (amendment), Betty McCollum D-MN, Daniel T. Kildee D-MI, Doc Hastings R-WA, Doug Lamborn R-CO, Grace F. Napolitano D-CA (amendment), Jim Matheson D-UT, Matt Salmon R-AZ, Paul A. Gosar R-AZ, Peter A. DeFazio D-OR, Raúl M. Grijalva D-AZ (amendment)	Sep 26, 2013
House	Debate and remarks H5792	Eric Cantor R-VA	Sep 20, 2013
House	Debate and remarks H5669–H5684Text printed H5669Recorded votes H5694	Pete Sessions R-TX	Sep 19, 2013

Show all 7 days

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. 113-167

Constitutional authority

[Pages H547-H548] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] By Mr. GOSAR: H.R. 687. Congress has the power to enact this legislation pursuant to the following: 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 ``propiretor'' 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); Camfield 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 grounded upon.

The sponsor’s statement, as printed in the page H548.

Printed hearings 2

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

Number	Hearing	Committee	Held
S. Hrg. 113-342	CURRENT PUBLIC LANDS, FORESTS, AND MINING BILLS128 pages	Energy and Natural Resources Committee	Nov 20, 2013
Serial No. 113-7	OVERSIGHT HEARING TITLED ``AMERICA'S MINERAL RESOURCES: CREATING MINING AND MANUFACTURING JOBS AND SECURING AMERICA''; AND LEGISLATIVE HEARING ON H.R. 1063, H.R. 687, H.R. 697, H.R. 761, H.R. 767, H.R. 957, AND H.R. 981117 pages	Natural Resources Committee	Mar 21, 2013

Amendments 3

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 476	Amendment sought to require that the Remote Operations Center be located in the town of Superior, Arizona, or adjacent to another mining community within the Copper Triangle.	Raúl M. Grijalva D-AZ	On agreeing to the Grijalva amendment (A001) Failed by recorded vote: 180 - 227 (Roll no. 489).
HAmdt 477	An amendment numbered 2 printed in Part A of House Report 113-215 to require the Secretary to remove Native American sacred and cultural sites from the conveyance in consultation with affected Indian Tribes.	Ben Ray Luján D-NM	Amendment (A002) offered by Mr. Lujan, Ben Ray (NM). (consideration: CR H5857-5860; text: CR H5857)
HAmdt 478	Amendment sought to protect water quality and water quantity for the people living and working near this proposed mine, given estimates that mining operations will consume the equivalent of the annual water supply for 20,000 homes.	Grace F. Napolitano D-CA	On agreeing to the Napolitano amendment (A003) Failed by recorded vote: 191 - 217 (Roll no. 490).

Related bills 2

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

Bill	Title	Relationship	Latest action
S 339	Southeast Arizona Land Exchange and Conservation Act of 2013	Identical bill	Nov 20, 2013
HRES 351	Providing for consideration of the bill (H.R. 687) 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; providing for consideration of the bill (H.R. 1526) to restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land, while also reducing Forest Service management costs, by ensuring that such counties have a dependable source of revenue from National Forest System land, to provide a temporary extension of the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes; providing for consideration of the bill (H.R. 3102) to amend the Food and Nutrition Act 2008; and for other purposes.	Related bill	Sep 19, 2013

Titles 3

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 2013
Short Titles as Reported to House: Southeast Arizona Land Exchange and Conservation Act of 2013

Subjects

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

Text 2

Each version as it was printed, newest first.

Jul 22, 2013Reported in House
Feb 14, 2013Introduced 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.