16 U.S.C. § 539o — Ancient Bristlecone Pine Forest

Page 997 TITLE 16—CONSERVATION § 539o 1 So in original. Probably should be ‘‘protects’’. in, and be managed as part of, the Manage- ment Unit. (Pub. L. 111–11, title I, § 1205(a), Mar. 30, 2009, 123 Stat. 1014.) Editorial Notes REFERENCES IN TEXT Section 1206(a)(2), referred to in par. (1)(A), is section 1206(a)(2) of Pub. L. 111–11, title I, Mar. 30, 2009, 123 Stat. 1018, which is not classified to the Code. Section 1202, referred to in par. (1)(B), is section 1202 of Pub. L. 111–11, which enacted provisions listed in a table of National Memorials set out under section 320301 of Title 54, National Park Service and Related Programs, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of this title. This subtitle, referred to in par. (3)(B), is subtitle C (§§ 1201–1207) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1007, which enacted this section and subchapter CXXXII of chapter 1 of this title, amended sections 544k and 1274 of this title, enacted provisions set out as notes under sections 460uuu and 1274 of this title, en- acted provisions listed in a table of National Memorials set out under section 320301 of Title 54, National Park Service and Related Programs, and enacted and amend- ed provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classi- fication of subtitle C to the Code, see Tables. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 1201 of Pub. L. 111–11, set out as a note under sec- tion 460uuu of this title. § 539o. Ancient Bristlecone Pine Forest (a) Designation To conserve and protect the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure the survival of the Pines for the purposes of public enjoyment and scientific study, the approximately 31,700 acres of public land in the State, as generally depicted on the map entitled ‘‘Ancient Bristlecone Pine Forest—Proposed’’ and dated July 16, 2008, is designated as the ‘‘Ancient Bristlecone Pine Forest’’. (b) Map and legal description (1) In general As soon as practicable, but not later than 3 years after March 30, 2009, the Secretary shall file a map and legal description of the Forest with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and ef- fect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Management (1) In general The Secretary shall administer the Forest— (A) in a manner that— (i) protect 1 the resources and values of the area in accordance with the purposes for which the Forest is established, as de- scribed in subsection (a); and (ii) promotes the objectives of the appli- cable management plan (as in effect on March 30, 2009), including objectives relat- ing to— (I) the protection of bristlecone pines for public enjoyment and scientific study; (II) the recognition of the botanical, scenic, and historical values of the area; and (III) the maintenance of near-natural conditions by ensuring that all activities are subordinate to the needs of pro- tecting and preserving bristlecone pines and wood remnants; and (B) in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, and any other applicable laws. (2) Uses (A) In general The Secretary shall allow only such uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as described in sub- section (a). (B) Scientific research Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan (as in effect on March 30, 2009). (3) Withdrawal Subject to valid existing rights, all Federal land within the Forest is withdrawn from— (A) all forms of entry, appropriation or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (Pub. L. 111–11, title I, § 1808, Mar. 30, 2009, 123 Stat. 1060.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (b)(2), is subtitle K (§§ 1801–1808) of title I of Pub. L. 111–11, Mar. 30, 2009, 123 Stat. 1052, which enacted this section and sub- chapter CXXXIII of chapter 1 of this title, amended sec- tion 1274 of this title, enacted provisions set out as notes under sections 460vvv and 1274 of this title, and enacted and amended provisions listed in a table of Wil- derness Areas set out under section 1132 of this title. For complete classification of subtitle K to the Code, see Tables. The National Forest Management Act of 1976, re- ferred to in subsec. (c)(1)(B), is Pub. L. 94–588, Oct. 22, Page 998 TITLE 16—CONSERVATION § 539p 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provi- sions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 1801 of Pub. L. 111–11, set out as a note under sec- tion 460vvv of this title. § 539p. Southeast Arizona land exchange and conservation (a) Purpose The purpose of this section is to authorize, di- rect, facilitate, and expedite the exchange of land between Resolution Copper and the United States. (b) Definitions In this section: (1) Apache Leap The term ‘‘Apache Leap’’ means the approxi- mately 807 acres of land depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Apache Leap’’ and dated March 2011. (2) Federal land The term ‘‘Federal land’’ means the approxi- mately 2,422 acres of land located in Pinal County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Con- servation Act of 2011–Federal Parcel–Oak Flat’’ and dated March 2011. (3) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (4) Non-Federal land The term ‘‘non-Federal land’’ means the par- cels of land owned by Resolution Copper that are described in subsection (d)(1) and, if nec- essary to equalize the land exchange under subsection (c), subsection (c)(5)(B)(i)(I). (5) Oak Flat Campground The term ‘‘Oak Flat Campground’’ means the approximately 50 acres of land comprising approximately 16 developed campsites de- picted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Campground’’ and dated March 2011. (6) Oak Flat Withdrawal Area The term ‘‘Oak Flat Withdrawal Area’’ means the approximately 760 acres of land de- picted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Withdrawal Area’’ and dated March 2011. (7) Resolution Copper The term ‘‘Resolution Copper’’ means Reso- lution Copper Mining, LLC, a Delaware lim- ited liability company, including any suc- cessor, assign, affiliate, member, or joint ven- turer of Resolution Copper Mining, LLC. (8) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (9) State The term ‘‘State’’ means the State of Ari- zona. (10) Town The term ‘‘Town’’ means the incorporated town of Superior, Arizona. (11) Resolution mine plan of operations The term ‘‘Resolution mine plan of oper- ations’’ means the mine plan of operations submitted to the Secretary by Resolution Cop- per in November, 2013, including any amend- ments or supplements. (c) Land exchange (1) In general Subject to the provisions of this section, if Resolution Copper offers to convey to the United States all right, title, and interest of Resolution Copper in and to the non-Federal land, the Secretary is authorized and directed to convey to Resolution Copper, all right, title, and interest of the United States in and to the Federal land. (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 Man- agement; and (B) conforms to the title approval stand- ards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (3) Consultation with Indian tribes (A) In general The Secretary shall engage in government- to-government consultation with affected Indian tribes concerning issues of concern to the affected Indian tribes related to the land exchange. (B) Implementation Following the consultations under para- graph (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 min- ing and related activities on the Federal land conveyed to Resolution Copper under this section. (4) Appraisals (A) In general As soon as practicable after December 19, 2014, the Secretary and Resolution Copper shall select an appraiser to conduct apprais-