Hearing on S.3157, July 9, 2008

Public Lands Subcommittee of Senate Energy and Natural Resource Committee

Spoken comments from Roger Featherstone, Southwestern Circuit Rider, Earthworks

Spoken comments from David Salisbury, President, Resolution Copper

Written Comments from Groundwater Awareness League:

Comments sent to public records of Energy and Natural Resource Committee

Comments sent to all members of Public Lands Subcommittee

 

Summary of relevant points
Senate Bill S.3157

To provide for the exchange and conveyance of certain National Forest System land and other land in southeast Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. [Page 1]
This Act may be cited as the ‘‘Southeast Arizona Land Exchange and Conservation Act of 2008’’.

SEC. 2. PURPOSES. [Page 1]
The purposes of this Act are—
(1) to advance the public interest by authorizing, directing, facilitating, and expediting the conveyance and exchange of land between the United States and Resolution Copper Mining, LLC; and
(2) to provide for the permanent protection of cultural and other resources and uses of the Apache Leap escarpment located in close proximity to the town of Superior, Arizona.

SEC. 3. DEFINITIONS. Page 2]
In this Act:
(1) APACHE LEAP.—The term ‘‘Apache Leap’’ means the approximately 695 acres of land referred to as the ‘‘Apache Leap Conservation Easement Area’’ on the map entitled ‘‘Apache Leap Conservation Easement Area’’, dated November 2006.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 3,025 acres of land located in Pinal County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2005–Federal Parcel–Oak Flat’’, dated January 2005.
. . . . . .
(5) OAK FLAT CAMPGROUND.—The term ‘‘Oak Flat Campground’’ means the campground that is—
(A) comprised of approximately 16 developed campsites (including the approximately 75 acres adjacent to the campsites); and
(B) generally depicted on the map entitled ‘‘Oak Flat Campground’’, dated May 2008.
. . . . . .
SEC. 4. LAND CONVEYANCES AND EXCHANGES. [Page 3]
. . . . . . .
(f) CONTRACTOR WORK AND APPROVALS.—
(1) IN GENERAL.—Any work relating to the exchange or conveyance of land that is performed by a contractor shall be subject to the mutual agreement of the Secretary [of Agriculture] and Resolution Copper, including any agreement with respect to—
(A) the selection of the contractor; and
(B) the scope of work performed by the contractor.
(2) REVIEW AND APPROVAL.—Any required review and approval of work by a contractor shall be performed by the Secretary in accordance with applicable law (including regulations).
(3) LEAD ACTOR.—The Secretary [of Agriculture] and the Secretary of the Interior may mutually agree to designate the Secretary [of Agriculture] as the lead actor for any action under this subsection.
(g) PRE-EXCHANGE PROCESSING.—Before completing the land exchange under subsection (b), the Secretary [of Agriculture] or the Secretary of the Interior, as appropriate, shall complete—
(1) any necessary land survey; and
(2) any required clearance, review, mitigation activity, or approval relating to any threatened and endangered species, cultural or historic resource, wetlands and floodplains, or hazardous material.
(h) POST-EXCHANGE PROCESSING.—Before commencing production in commercial quantities of any valuable mineral from the Federal land conveyed to Resolution Copper pursuant to subsection (a)(2) (except for any such production from any exploration and mine development shafts, adits, and tunnels needed to determine feasibility and pilot plant testing of commercial production or to access the ore body and tailings deposition areas), the Secretary shall publish an environmental impact statement in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969.(42 U.S.C.4322(2)(C)) regarding any Federal agency action carried out relating to the commercial production, including an analysis of the impacts of the production.

SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED. [Page 11]

(B) REAPPRAISALS AND UPDATED APPRAISED VALUES.—After the final appraised value of a parcel is determined and approved under subparagraph (A), the Secretary shall not be required to reappraise or update the final appraised value—
(i) for a period of 3 years after the approval by the Secretary of the final appraised value under subparagraph (A)(iii);
or
(ii) at all, after an exchange agreement is entered into by Resolution Copper and the Secretary.
(C) PUBLIC REVIEW.—Before carrying out a land exchange under section 4, the Secretary shall make available for public review a summary of the appraisals of the land to be exchanged.

SEC. 6. APACHE LEAP NATURAL AND CULTURAL RESOURCE CONSERVATION EASEMENT. [Page 17]

(a) IN GENERAL.—To protect the scenic, cultural, historic, educational, and natural resource values of the Apache Leap escarpment, as a condition of the land exchange under section 4, Resolution Copper shall deliver to the Secretary an executed document granting a permanent conservation easement for the easement area to an entity that is—
(1) a qualified unit of government or Indian tribe; or
(2) a land trust or other qualified organization as defined in section 170(h) of the Internal Revenue Code of 1986.
(b) EASEMENT AREA.—The area of the conservation easement under this section shall be the surface estate of Apache Leap.
c) TERMS.—The conservation easement under this section—
(1) shall—
(A) prohibit surface development of the easement area by Resolution Copper, except for a fence, sign, monitoring device, or other improvement for an administrative, public health and safety, or other appropriate purpose, as determined by Resolution Copper and any grantee of the conservation easement;
(B) prohibit commercial mineral extraction under the easement area; and
(C) provide for appropriate non-motorized public access to and use of the easement area, as determined by Resolution Copper and any grantee of the conservation easement; and
(2) may contain such other terms and conditions as the grantor or grantee of the conservation easement, in consultation with the Town, interested Indian tribes, and any other interested parties, determines to be appropriate to conserve, protect, enhance, and manage the cultural and historic resources and traditional uses of the easement area.
(d) ENDOWMENT.—As a condition of the conveyance under section 4(a), Resolution Copper shall pay to the grantee of the conservation easement under this section $250,000, to be used by the grantee of the conservation easement—
(1) to monitor the easement;
(2) to enforce the borders of the easement;
(3) to carry out any administrative activity relating to the easement; and
(4) to provide such additional protections, access, or alternative access as may be determined appropriate pursuant to subsection (f).
(e) ROLE OF SECRETARY.—
(1) IN GENERAL.—The Secretary [of Agriculture]—
(A) may be consulted during the preparation and drafting of the executed document granting a permanent conservation easement to the easement area under subsection (a); but (B) unless otherwise agreed to by the Secretary [of Agriculture] and Resolution Copper, shall not be—
(i) a party to the conservation easement under this section; or
(ii) required to carry out any activity relating to the monitoring or enforcement of the conservation easement under this section.
(2) ADDITIONAL MANAGEMENT.—The Secretary [of Agriculture] may manage the Notch area labeled and depicted on the map referred to in section 3(1) in accordance with the terms of the conservation easement under this section.
(f) ADDITIONAL PROTECTIONS AND ACCESS.—Not later than 3 years after the date of the conveyance of the Federal land, Resolution Copper and the grantee, in consultation with the Town, interested Indian tribes, and other interested parties, shall determine whether the area covered by the conservation easement should be managed to establish—
(1) additional cultural and historical resource protections or measures, including permanent or seasonal closures of any portion of the easement area to protect cultural or archeological resources; or (2) additional or alternative public access routes, trails, and trailheads to Apache Leap.

SEC. 7. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED LAND. [Page 21]
. . . . . . . .

SEC. 8. PUBLIC USES OF FEDERAL LAND. [Page 24]

(a) REPLACEMENT CAMPGROUND.—
(1) IN GENERAL.—Not later than 4 years after the date of enactment of this Act, the Secretary, in consultation with Resolution Copper, the Town, and other interested parties, shall design and construct in the Globe Ranger District of the Tonto National Forest 1 or more replacement campgrounds for the Oak Flat Campground (including appropriate access routes to any replacement campgrounds).
(2) PUBLIC FACILITIES.—Any replacement campgrounds under this subsection shall be designed and constructed in a manner that adequately (as determined in the sole discretion of the Secretary) replaces, or improves on, the facilities, functions, and amenities available to the public at the Oak Flat Campground.

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