[House Report 112-258]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-258
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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
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October 24, 2011.--Referred to the House Calendar and ordered to be
printed
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Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 444]
The Committee on Rules, having had under consideration
House Resolution 444, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1904,
the Southeast Arizona Land Exchange and Conservation Act of
2011, under a structured rule. The resolution provides one hour
of general debate equally divided and controlled by the chair
and ranking minority member of the Committee on Natural
Resources. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
amendment in the nature of a substitute recommended by the
Committee on Natural Resources now printed in the bill,
modified by the amendment printed in part A of this report,
shall be considered as an original bill for the purpose of
amendment and shall be considered as read. The resolution
waives all points of order against the committee amendment in
the nature of a substitute, as modified. The resolution makes
in order only those further amendments printed in part B of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution waives all
points of order against the amendments printed in part B of
this report. Finally, the resolution provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 1904 includes a waiver of clause 3(c)(4) of rule XIII,
which requires a statement of general performance goals and
objectives, including outcome-related goals and objectives, for
which the measure authorizes funding.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute to H.R.
1904, as modified, the Committee is not aware of any points of
order against the committee amendment in the nature of a
substitute, as modified. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order against the amendments. The
waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 141
Motion by Mr. McGovern to report an open rule. Defeated: 2-
6
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
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SUMMARY OF AMENDMENT IN PART A CONSIDERED AS ADOPTED
Hastings, Doc (WA): Would make technical corrections to the
bill to bring it into compliance with clause 4 of rule XXI.
SUMMARY OF AMENDMENTS IN PART B MADE IN ORDER
1. Lujan (NM): Would exempt all Native American sacred and
cultural sites from the land conveyance. (10 minutes)
2. Markey, Edward (MA): Would 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. The Mining Law of
1872 does not require any royalty payment. Resolution Copper
estimates the value of the copper ore at several billion
dollars. (10 minutes)
3. Grijalva, Raul (AZ), Garamendi (CA): Would 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. (10 minutes)
PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED
Page 11, line 1, insert ``, in such amounts as are provided
in advance in appropriation Acts,'' after ``be made
available''.
Page 21, line 1, insert ``, in such amounts as are provided
in advance in appropriation Acts,'' after ``be available''.
Page 24, line 16, insert ``, in such amounts as are provided
in advance in appropriation Acts,'' after ``be made
available''.
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Lujan of New Mexico or
His Designee, Debatable for 10 Minutes
Page 14, after line 12, insert the following new subsection:
(k) Exclusion of Native American Sacred and Cultural Sites.--
The Federal land to be conveyed under this section may not
include any Native American sacred or cultural site, whether
surface or subsurface, and the Secretary shall modify the map
referred to in section 3(2) to exclude all such sacred and
cultural sites, as identified by the Secretary in consultation
with Resolution Copper and affected Indian tribes.
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2. An Amendment To Be Offered by Representative Markey of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 19, beginning line 8, strike section 6 (value adjustment
payment to United States) and insert the following new section:
SEC. 6. ROYALTY PAYMENT TO UNITED STATES FOR MINERALS PRODUCED FROM
CONVEYED FEDERAL LAND.
(a) Royalty Payment Required.--As a condition of the land
exchange under this Act, Resolution Copper shall pay to the
United States, by not later than March 15 of each calendar
year, a royalty payment in an amount equal to 8 percent of the
value of the quantity of locatable minerals produced during the
preceding calendar year from the Federal land conveyed to
Resolution Copper under section 4, as reported under subsection
(b).
(b) Annual Production Reporting to Determine Royalty
Payment.--
(1) Report required.--Resolution Copper shall submit
to the Secretary of the Interior an annual report
indicating the quantity of locatable minerals produced
in commercial quantities from the Federal land conveyed
to Resolution Copper under section 4.
(2) Submission deadline.--The first report under
paragraph (1) shall be submitted not later than
February 15 of the first calendar year beginning after
the date of commencement of production of valuable
locatable minerals in commercial quantities from the
Federal land conveyed to Resolution Copper under
section 4 and cover the preceding calendar year.
Subsequent reports shall be submitted each February 15
thereafter and cover the preceding calendar year.
(3) Sharing reports with state.--The Secretary shall
make each report received under paragraph (1) available
to the State.
(4) Report contents.--The reports under paragraph (1)
shall comply with any recordkeeping and reporting
requirements prescribed by the Secretary or required by
applicable Federal laws in effect at the time of
production.
(c) Deposit of Funds.--All funds paid to the United States
under this section shall be deposited in the general fund of
the Treasury.
(d) State Law Unaffected.--Nothing in this section modifies,
expands, diminishes, amends, or otherwise affects any State law
relating to the imposition, application, timing, or collection
of a State excise or severance tax.
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3. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
Page 21, after line 8, insert the following:
(e) Additional Conditions Related to Mining Operations on
Conveyed Federal Land.--As additional conditions of the land
exchange under this Act, Resolution Copper shall agree to the
following:
(1) To locate and maintain the remote operation
center for mining operations on the conveyed Federal
land in the town of Superior, Arizona, for the duration
of such operations.
(2) To actively recruit and provide an employment
preference for qualified applicants who reside in the
State as of date of the consummation of the land
exchange for employment positions related to mining
operations on the conveyed Federal land.
(3) To ensure that all locatable minerals produced in
commercial quantities from the conveyed Federal land
remain in the United States for processing and use.
(4) To ensure that all equipment used to mine or
support mining activities on the conveyed Federal Land
is made in the United States.