H7090 CONGRESSIONAL RECORD — HOUSE October 26, 2011 Senate amendment to H.R. 2608 (H. Res. scribes the vote on the previous question on ceedings on this question will be post- 405)—CR I11Senate amendment to H.R. 2608 the rule as ‘‘a motion to direct or control the poned. (H. Res. 412)—CR consideration of the subject before the House being made by the Member in charge.’’ To f H.R. 658 (H. Res. 189)—FAA reauthoriza- defeat the previous question is to give the SOUTHEAST ARIZONA LAND EX- tion opposition a chance to decide the subject be- CHANGE AND CONSERVATION H.R. 754 (H. Res. 264)—Intel Authorization fore the House. Cannon cites the Speaker’s ACT OF 2011 H.R. 1892 (H. Res. 392)—Intel Authorization ruling of January 13, 1920, to the effect that Vote no on the previous question, reject this ‘‘the refusal of the House to sustain the de- Mr. HASTINGS of Washington. Mr. rule, and reject the pay-for that violates the mand for the previous question passes the Speaker, I ask unanimous consent that control of the resolution to the opposition’’ Budget Act and cuts healthcare for low-income all Members may have 5 legislative in order to offer an amendment. On March days in which to revise and extend families. 15, 1909, a member of the majority party of- The material previously referred to fered a rule resolution. The House defeated their remarks and include extraneous by Mr. HASTINGS of Florida is as fol- the previous question and a member of the material on H.R. 1904. lows: opposition rose to a parliamentary inquiry, The SPEAKER pro tempore (Mr. SCOTT of South Carolina). Is there ob- AN AMENDMENT TO H. RES. 448 OFFERED BY asking who was entitled to recognition. MR. HASTINGS OF FLORIDA Speaker Joseph G. Cannon (R–Illinois) said: jection to the request of the gentleman ‘‘The previous question having been refused, (1) In the first section of the resolution, from Washington? the gentleman from New York, Mr. Fitz- There was no objection. strike ‘‘the previous question’’ and all that gerald, who had asked the gentleman to follows and insert the following: The SPEAKER pro tempore. Pursu- yield to him for an amendment, is entitled to ant to House Resolution 444 and rule The previous question shall be considered the first recognition.’’ as ordered on the bill and on any amendment Because the vote today may look bad for XVIII, the Chair declares the House in thereto to final passage without intervening the Republican majority they will say ‘‘the the Committee of the Whole House on motion except: (1) one hour of debate equally vote on the previous question is simply a the state of the Union for the consider- divided and controlled by the chair and rank- vote on whether to proceed to an immediate ation of the bill, H.R. 1904. ing minority member of the Committee on vote on adopting the resolution . . . [and] Ways and Means; (2) the amendment printed has no substantive legislative or policy im- b 1321 in section 4, if offered by Representative plications whatsoever.’’ But that is not what IN THE COMMITTEE OF THE WHOLE Levin of Michigan, or Representative Bishop they have always said. Listen to the Repub- Accordingly, the House resolved of New York, or Representative Keating of lican Leadership Manual on the Legislative itself into the Committee of the Whole Massachusetts, which shall be in order with- Process in the United States House of Rep- House on the state of the Union for the out intervention of any point of order, shall resentatives, (6th edition, page 135). Here’s be considered as read, and shall be separately how the Republicans describe the previous consideration of the bill (H.R. 1904) to debatable for 30 minutes equally divided and question vote in their own manual: ‘‘Al- facilitate the efficient extraction of controlled by the proponent and an oppo- though it is generally not possible to amend mineral resources in southeast Arizona nent; and (3) one motion to recommit with or the rule because the majority Member con- by authorizing and directing an ex- without instructions. trolling the time will not yield for the pur- change of Federal and non-Federal (2) At the end of the resolution, add the pose of offering an amendment, the same re- land, and for other purposes, with Mr. following: sult may be achieved by voting down the pre- MURPHY of Pennsylvania in the chair. SEC. 4. The amendment referred to in the vious question on the rule. . . . When the The Clerk read the title of the bill. first section of this resolution is as follows: motion for the previous question is defeated, Strike all after the enacting clause and in- control of the time passes to the Member The CHAIR. Pursuant to the rule, the sert the following: who led the opposition to ordering the pre- bill is considered read the first time. The gentleman from Washington (Mr. SECTION 1. REPEAL OF IMPOSITION OF 3 PER- vious question. That Member, because he CENT WITHHOLDING ON CERTAIN then controls the time, may offer an amend- HASTINGS) and the gentleman from Ari- PAYMENTS MADE TO VENDORS BY ment to the rule, or yield for the purpose of zona (Mr. GRIJALVA) each will control GOVERNMENT ENTITIES. amendment.’’ 30 minutes. (a) IN GENERAL.—Section 3402 of the Inter- In Deschler’s Procedure in the U.S. House The Chair recognizes the gentleman nal Revenue Code of 1986 is amended by of Representatives, the subchapter titled from Washington. striking subsection (t). ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. HASTINGS of Washington. I (b) EFFECTIVE DATE.—The amendment to order the previous question on such a rule made by this section shall apply to payments [a special rule reported from the Committee yield myself such time as I may con- made after December 31, 2011. on Rules] opens the resolution to amend- sume. Mr. Chairman, our Nation has suf- SEC. 2. DEDUCTION FOR INCOME ATTRIBUTABLE ment and further debate.’’ (Chapter 21, sec- TO DOMESTIC PRODUCTION ACTIVI- tion 21.2) Section 21.3 continues: ‘‘Upon re- fered through 32 consecutive months of TIES NOT ALLOWED WITH RESPECT jection of the motion for the previous ques- over 8 percent unemployment, and peo- TO OIL AND GAS ACTIVITIES OF tion on a resolution reported from the Com- ple everywhere across our great Nation MAJOR INTEGRATED OIL COMPA- mittee on Rules, control shifts to the Mem- continue to ask, where are the jobs? NIES. ber leading the opposition to the previous (a) IN GENERAL.—Subparagraph (A) of sec- question, who may offer a proper amendment Congress’ top priority right now is job tion 199(d)(9) of the Internal Revenue Code of or motion and who controls the time for de- creation, and today we have an oppor- 1986 is amended by inserting ‘‘(9 percent in bate thereon.’’ tunity to act on that commitment by the case of any major integrated oil com- Clearly, the vote on the previous question passing a bill that would put thousands pany (as defined in section 167(h)(5)))’’ after on a rule does have substantive policy impli- of Americans to work. ‘‘3 percent’’. cations. It is one of the only available tools The Southeast Arizona Land Ex- (b) EFFECTIVE DATE.—The amendment for those who oppose the Republican major- change and Conservation Act, spon- made by subsection (a) shall apply to taxable ity’s agenda and allows those with alter- sored by our colleague from Arizona years beginning after the date of the enact- native views the opportunity to offer an al- ment of this Act. ternative plan. (Mr. GOSAR), is a commonsense meas- (The information contained herein was Mr. SCOTT of South Carolina. Mr. ure that will create new American jobs provided by the Republican Minority on mul- Speaker, I yield back the balance of and strengthen our economy through tiple occasions throughout the 110th and my time, and I move the previous ques- increased U.S. mineral production. 111th Congresses.) The bill authorizes an equal-value tion on the resolution. THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The land exchange between Resolution Cop- IT REALLY MEANS question is on ordering the previous per, the Federal Government, the State This vote, the vote on whether to order the question. of Arizona and the town of Superior, previous question on a special rule, is not The question was taken; and the Arizona, that will open up the third- merely a procedural vote. A vote against or- Speaker pro tempore announced that largest undeveloped copper resource in dering the previous question is a vote the ayes appeared to have it. the world. The bill requires the cost of against the Republican majority agenda and the land exchange to be fully paid for a vote to allow the opposition, at least for Mr. HASTINGS of Florida. Mr. the moment, to offer an alternative plan. It Speaker, on that I demand the yeas by the mine developer, ensuring fair is a vote about what the House should be de- and nays. treatment for taxpayers and for the bating. The yeas and nays were ordered. government. Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- This project will provide substantial House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- benefits to the United States in the

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.027 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7091 form of job creation, economic growth, al consultation prior to constructing Mountain Apache, Yavapai-Apache, and increased national security. This the mine. This bill provides more con- Tonto Apache, Fort McDowell Yavapai, mining project will support nearly 3,700 servation and protection of culturally Hualapai, Jicarilla Apache, Mescalero jobs. These are good paying, American sensitive riparian and critical habitat Apache, and the Zuni Pueblo and oth- wage jobs that will equate to more than otherwise would occur, especially ers, pleading to respect the religious than $220 million in annual wages. areas to be conveyed currently under and cultural traditions. At a time when our economy con- private ownership. b 1330 tinues to struggle, this mining project Fourth, the developer has already se- will provide a much-needed boost cured over half the water needed for Instead, the bill waives compliance through private investment. This min- this project, and has committed to hav- with NEPA, the Native American ing activity will have over $60 billion ing 100 percent of the water it needs in Graves Protection Act, the Historic in economic impact, and will generate hand before construction begins. Preservation Act, and all other stat- $20 billion in total Federal, State, Claims that the project will require the utes that might give the tribes a voice county, and local tax revenue. same amount of water used by the City and respect at the table before this de- So this bill, Mr. Chairman, is a per- of Tempe is, Mr. Chairman, a gross ex- cision is finalized. The final insult fect example of how safely and respon- aggeration. comes when the bill requires consulta- sibly harnessing our resources will gen- Finally, this bill does not trade away tion with Native people—after the land erate revenue and get our economy sacred sites. As previously stated, the exchange, after that exchange has al- back on track. The importance of U.S. bill requires tribal consultation. And ready occurred. This will not be gov- copper production cannot be over- there is a map that will be shown later ernment-to-government consultations stated. Our Nation has become increas- on today that talks about the copper as required by the treaty trust rela- ingly reliant on foreign countries for triangle in this part of Arizona, and tionship. Rather it continues a pattern our mineral resources, placing our eco- you will see that on this map which of neglect and belittles Native people nomic competitiveness and national se- will be shown later, this mine is right once again. curity at risk. in the middle of that copper triangle. The legislation also threatens to The U.S. currently imports 30 per- H.R. 1904 is about creating new Amer- dewater a large and already drought- cent of the copper we need, and we will ican jobs, strengthening our economy, prone area, turning it from an arid but continue to be dependent on foreign and decreasing our dependence on for- functioning landscape into a desert. countries if we fail to develop our own eign minerals. The bill has broad sup- According to testimony received by the resources and the vast resources, in- port, both locally and nationally, in- committee, a mining operation like the deed, we have in this country. The cop- cluding from Arizona Governor Jan one planned by Resolution Copper re- per produced from this single project Brewer, the Arizona Chamber of Com- quires an estimated 40,000 acre-feet of will meet 25 percent of the United merce, the U.S. Chamber of Commerce, water per year. This is roughly the States’ entire copper demand. The cop- the National Association of Manufac- amount of water used by the entire per could be used for a variety of turing, and the National Mining Asso- city of Tempe in Arizona. projects, ranging from hybrid cars like ciation. The company does not own any water the Prius to medical devices, plumbing, They all, Mr. Chairman, recognize rights and has failed to indicate where and computers. Without it, the micro- the job-creating benefits of this bill. So the water from the mining operation phones and lights that we’re using here I urge my colleagues to strongly sup- will come from. Historically, mining right now would not be functioning. port H.R. 1904 to put Americans back companies have simply sunk their It’s also essential for national defense to work on American jobs and utilize wells deeper than their neighbors and equipment and technology. It is used in the vast resources in this country that taken the water that they need. A Fed- satellite, space and aviation, weapons we should be using for economic and eral mining permit process, along with guidance, and communications. compliance with NEPA and other laws, The benefits and the reasons to pass for national security reasons. With that, Mr. Chairman, I reserve might mitigate or at least explore this bill, Mr. Chairman, are plentiful. these concerns; but the legislation al- However, we are likely to hear several the balance of my time. Mr. GRIJALVA. I yield myself such lows Resolution Copper to skip these inaccurate claims from those across steps, leaving the people of south- the aisle who are opposed to mining in time as I may consume. H.R. 1904 is a triple threat. It will rob eastern Arizona in grave danger of se- America. I would like to take a mo- Native people of their heritage. It will vere water shortages. NEPA happens ment to set the record straight right after that land trade is finalized, when from the beginning. rob local people of their water. And it First, the bill follows the standard will rob the American people of their Rio Tinto—the parent company of Res- Federal land appraisal process, proce- money. olution Copper—holds all the cards. dures issued by the Department of Jus- This legislation is simply an abdica- Compliance with NEPA becomes un- tice which have been used in this coun- tion of our responsibilities as stewards clear and poses legal issues regarding try for decades. The appraisal requires of public lands and the public trust, private property. full market value to be paid for both and it must be rejected. The Congress Finally, the legislation will allow the land and minerals within. routinely considers land exchanges. It Rio Tinto—the parent company of Res- If, by chance, there is copper produc- is our responsibility to weigh the mer- olution Copper—to realize billions in tion beyond the appraised value, Mr. its of each proposal to determine profits without guaranteeing a fair re- Chairman, the mine developer will be whether it is in the best interest of the turn to the current owners of the land, required to pay the United States the American people. Some proposals fa- the American people. The bill contains difference, which would be assessed on cilitate public recreation, some help appraisal and payment provisions; but an annual basis. This is an added guar- local communities build courthouses the language is nonstandard, and in antee to ensure that taxpayers get a and schools, and some serve important some cases totally unique. Why are fair return on their copper resources. environmental goals. such provisions necessary when a sim- Second, this bill is about creating The land exchange required by H.R. ple, straightforward royalty would pro- nearly 3,700 American jobs. It’s not 1904 serves none of those purposes. vide a fair and predictable return for about helping foreign mining interests, Rather, this legislation will take thou- the taxpayers? as some have charged. Opposing this sands of acres of healthy, protected, sa- At a time when we are told that ev- mine and not producing copper in the cred public land and convert it into bil- erybody from college students to the U.S. is what truly benefits foreign na- lions of dollars in corporate profits for elderly must accept drastic cuts to tions by sending American jobs over- two foreign mining companies. basic Federal programs, it is uncon- seas and making it increasingly reliant H.R. 1904 trades away several sites scionable that we would approve a mas- on foreign resources of critical min- that are sacred to Native people. The sive transfer of wealth from the Amer- erals. hearing record before the Natural Re- ican people to a foreign-owned mining Third, the bill requires full compli- sources Committee includes desperate company without insisting on a fair re- ance with environmental laws and trib- pleas from San Carlos Apache, White turn.

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.036 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7092 CONGRESSIONAL RECORD — HOUSE October 26, 2011 Supporters of this legislation claim participants—a paid 3-week program 3,700 more success stories like Chris’s it would create jobs. Job creation has Resolution launched in the summer of will come to fruition. been the excuse used here on the House 2010 to introduce potential employees I urge my colleagues to continue this floor to push legislation dismantling to the world of mining. Each partici- debate with serious discussions about the last century of environmental pro- pant receives a Mining Safety and the facts about this bill, not scare tac- tection, and H.R. 1904 continues that Health Administration-certified train- tics. pattern. The job-creation claims are all ing and then is exposed to the various Mr. GRIJALVA. Mr. Chairman, I based on predictions provided by the work disciplines within Resolution yield such time as he may consume to industry and the companies which Copper. Following this 3-week pro- the gentleman from Arizona, my col- stand to profit from this deal without a gram, many of the program partici- league, Mr. PASTOR. mining plan to verify or corroborate pants are hired by the company or its (Mr. PASTOR of Arizona asked and any of the information. Thus, they are contractors. Among the hired employ- was given permission to revise and ex- all highly suspect. ees was Chris Astor. tend his remarks.) When this proposal was first devel- Chris is one of seven San Carlos Mr. PASTOR of Arizona. First of all, oped in 2005, the Arizona Republic and Apaches who have been hired by Reso- I want to thank the gentleman from Tucson Citizen reported the mine lution Copper or its contractor since Arizona for the courtesy. would create 450 jobs. Without expla- the program began in the summer of Mr. Chairman, this is an issue that I nation, these predictions have sky- 2010. Chris now works as a core han- have been working on for probably the rocketed over the years to 1,200 jobs to dler—one of a seven-member crew that last 10 years. And one of the interests 3,700 today; and 6,000 jobs, as well, have retrieves drill core samples from the that I have on this issue is because I been brought up as numbers of jobs rigs that do the project. I’ve had the was born in and grew up in this copper that would be created. None of these blessing of doing this in my own life for triangle that we’re talking about numbers are supported by facts. my dad. Under the guidance of geolo- today. The trend in mining over the last gists, the core handlers log, process, b 1340 several decades is clear: mining compa- and archive core samples with geolo- nies are producing more and more and gists and mine engineers helping them It’s a beautiful area, and at one time, using fewer and fewer workers. Rio to rely on and understand the nature of copper was the industry for this Copper Tinto and BHP-Billiton are pioneers in the ore body. ‘‘I would like to eventu- Triangle. Yet, over the past 20–25 the use of automation, and the Resolu- ally try different jobs, get a broader years, many of the mines have shut tion Copper project is an opportunity view, learn and grow into a supervisory down, and copper production has to perfect these technologies even fur- role,’’ Chris says. ‘‘I also want to be stopped in Arizona. So I have to tell ther. The number of jobs actually cre- trained to work underground.’’ you that my interest in this land ex- ated by H.R. 1904 will pale in compari- Prior to the Resolution Experience, change would be the possible economic son to the economic and environmental Chris worked at the Pinto Valley cop- development of this area. devastation that it could cause. per mine, an open-pit mine a few miles I travel through this area because my Mr. Chairman, this is a special inter- northeast of Resolution Projects, mom still lives up in Miami, Arizona, est legislation that is not in the inter- which is owned by BHP-Billiton. How- where I was born and raised. I travel ests of the American people. This legis- ever, this mine is currently closed. Be- regularly, at least once a month, lation asks Congress to be business fore joining Resolution Experience, through these canyons. I can tell you agents for foreign-owned corporations Chris had been out of work for more that it’s the most beautiful sight, and not stewards of the public land or than a year. about 85 miles east of Phoenix, where represent the American taxpayer. Chris is now a 31-year-old father of you can still see a fine, pristine envi- With that, I reserve the balance of three children, ages 13, 9, and 5. With ronment with some of the most spec- my time. his stable, good-paying job, including tacular rock formations you’ll ever see Mr. HASTINGS of Washington. Mr. great medical and benefits, Chris is in this country. It’s very beautiful, but Chairman, I am very pleased to yield 5 able to confidently support his family. it’s also an area that has been hit by minutes to the gentleman from Ari- ‘‘I can take care of my kids better and some hard times. zona (Mr. GOSAR), the sponsor of this provide what they need—and some- I grew up in a mining town, so I know bill, somebody who has been absolutely times even what they want,’’ he says. what a mining town is. During the tenacious in seeing that this legisla- Life was not always good for Chris. summers, while I was attending Ari- tion advances to where it is today. He grew up as an only child raised by zona State University, I’d go to work Mr. GOSAR. I rise today in support of his mother and grandparents. He spent in the mines. I worked in the leaching my legislation, H.R. 1904, the South- most of his childhood on the reserva- plant, the electrolytic plant, the leach- east Arizona Land Exchange and Con- tion. ‘‘We went where my mom could ing tanks, the ball mills, and the moly servation Act, legislation that will cre- find work,’’ he says. ‘‘I never knew my plant, so I have the experience of ate new American jobs, reduce our de- dad.’’ Chris feels fortunate to have a knowing this type of life. I know the pendence on foreign sources of energy job and to live on the reservation, economic boom that copper mining can and minerals, protect high-profile con- where more than 80 percent of the resi- bring to a community, but I also have servation lands, and generate revenue dents live in poverty and seven out of experience with the adverse impact for Federal and State treasuries. 10 eligible workers are unemployed. that copper mining can have, not only In this time of serious economic It is true that modern mining tech- on the people who work there, but also hardship, Congress must engage in seri- nology uses high-tech equipment to ac- on the environment. I have seen both ous debate over serious issues. What complish certain tasks. This is done for sides. should not guide Congress is an endless efficiency’s sake and for the sake of It’s with that interest that I have game of unfounded attacks that lead to worker safety. Mining is a potentially seen the evolution of this debate. At trumped-up fear-mongering to gain po- hazardous task and certainly a difficult one time, even I sponsored a bill that litical advantage, particularly, in this one that must be done with precision. would deal with the economic develop- case, the fear of robots. Chris is not a robot. You can still see ment of these mining towns—Superior, This legislation is a real job creator. there is a need for people to run the Globe-Miami, et cetera. The area that I would like to tell a story about Chris mine, to drive the trucks, to feed the we’re talking about being exchanged, is Astor, a current employee at the mine workers, to drill the holes, to engineer an area I know well. As a kid growing site and a member of the San Carlos the dig, to build the structures, to up, we used this area for a picnic site, Apache Tribe. Chris grew up attending process the minerals, and, yes, build, and in some cases, when we didn’t go to public schools on the San Carlos maintain and control technology. Chris school, that’s where we would have our Apache Reservation and graduated is a real human being operating this impromptu picnics. So I know this from high school in nearby Globe. In technology already at the site whose area. 2010, Chris was among those in the first life has benefited greatly from this I have to tell you, with regard to the group of the Resolution Experience project. If we pass this legislation, over issue of jobs, as will be discussed, I

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.038 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7093 guess ‘‘a number of jobs’’ is in the eye good, high-paying jobs right here in to $7 billion or $8 billion. So let’s just of the beholder. Mining has changed, America. It will also generate nearly split the difference down the middle and I know that it’s a different type of $20 billion in Federal, State, county, and say that the copper might be worth mining now from the one I experienced. and local tax revenue. $5 billion. The jobs claims for this bill We can debate the number of jobs, but This is a win-win. Not only is this vary wildly as well from 500 to 5,000 I will tell you that this will bring some legislation completely paid for, but it jobs. economic development to these areas also ensures that mining is done in a Now, there is a good reason to believe of the Copper Triangle. That I cannot responsible manner because H.R. 1904 the jobs numbers will be on the very deny. Yet the issue for me is at what requires full compliance with NEPA low end, but let’s be optimistic and price. and because it requires tribal consulta- take the highest jobs claim possible. At what price do we bring this eco- tion prior to mine construction. So supporters of this bill are going to nomic development without some pro- Now, Mr. Chairman, copper is a vital give away $5 billion in hopes of cre- tection to the environment and with- mineral that we have in the United ating 5,000 jobs. Well, that’s $1 million out some protection to an employee’s States and across the world. It’s going per job, Mr. Chairman, $1 million not rights? to continue to be vital because it’s a paid necessarily to the workers them- There is no debate that this ore de- critical mineral that is widely used in selves but to foreign mining giants. posit has some of the richest ore bod- construction, telecommunications, Now, is that the kind of wise invest- ies. Copper, gold, silver, molybdenum, electricity, and transportation. Copper ment that we need? I do not think so. and other rare metals will be mined is also extremely conductive, which I think that we need some new jobs, here. It’s one of the richest deposits of makes it very important in power gen- but they should be real jobs. They ore not only in North America but eration and utility transmission. should be here. probably in this world. That’s why Res- Our actual desire and demand for Much of the work that’s going to be olution Copper has maintained 8 years, copper is just going to continue to go done in this mining is going to be done 9 years, 10 years of trying to get this up. That’s why we’ve actually started by robots. So there will be full employ- bill done, because they know how rich to import close to 30 percent of our ment for R2–D2 and for the trans- this deposit is. copper from foreign countries. Now, if formers; but the total number of jobs So at what price do we pay for this we actually open up this mine and here, very speculative and very expen- economic boom? allow this land swap to happen, this sive per job created. That’s the real Mr. Chairman, I will tell you of the project alone could provide us with question here because I think many differences I have with the sponsor of enough copper to meet 25 percent of human beings are just going to remain this bill. But, first, I have to thank current U.S. demand. By taking advan- unemployed under this plan. him because Representative GOSAR tage of American sources of copper, we And since it’s a multinational that reached out very early, and we talked can prevent supply disruptions and de- gets the benefits, there will be plenty about this particular bill. He has im- crease our dependence on foreign im- of accountants and lawyers in London proved the bill I sponsored, but I feel ports. Most importantly, Mr. Chair- and Melbourne, all around the world, that he has not gone far enough. man, this bill will create thousands of that will be employed, but in America, This bill would be highly improved if American jobs in a responsible manner not so many. And those that are there, the amendment offered today that at no cost to the taxpayer. very expensive, especially since the per gives an 8 percent royalty fee on the I urge my colleagues to support this capita cost is very, very high. extraction of the ore would be adopted, bill. Now, why do we know that? Well, we making the bill more fair to the Amer- Mr. GRIJALVA. There is a cost to know it because Rio Tinto and BHP- ican public. If that amendment is the taxpayer, Mr. Chairman. I would Billiton stand to pocket an enormous adopted, obviously, it will be very dif- consider the fact that this very valu- amount of money, billions of dollars, ficult to oppose this bill; but if the able mineral is being extracted without off of this deal. amendment is not adopted, then, Mr. any royalties and without any pay- So if you count the chauffeurs, if you Chairman, the American public will be ment a cost to the American taxpayer. count the food service workers in the The issue about NEPA is not seman- paying too high a price for the eco- executive dining rooms of these compa- tics. NEPA and other environmental nomic development of the Copper Tri- nies, well, you can see where there will processes should occur before the land angle. The only enrichment will be for be some jobs that are created if you’re trade, not after. After the land trade, it those copper companies that are for- adding it up that way. will be very difficult for compliance to eign based. But the truth is, this is a windfall, a happen. As a consequence, this land Mr. HASTINGS of Washington. Mr. windfall, which is why I am going to will be in the hands of a foreign-owned Chairman, I am pleased to yield 21⁄2 make an amendment to charge a rea- company, and it will be private prop- minutes to the gentleman from Ari- sonable royalty for the privilege of erty. zona (Mr. QUAYLE), who also has been mining this copper on public lands in With that, I yield such time as he very tenacious on this issue. the United States. And when the ma- may consume to the ranking member Mr. QUAYLE. I thank the gentleman jority votes ‘‘no’’ on that, when the Re- of the Natural Resources Committee, for yielding. publicans say, no, we don’t want a roy- the gentleman from Massachusetts Mr. Chairman, I rise today in strong alty payment that can actually be col- (Mr. MARKEY). support of H.R. 1904, a bill authored by lected by the American people, we’ll Mr. MARKEY. I thank the gentleman my good friend and fellow Arizonan, see what the real aim of this is, which from Arizona for yielding. Congressman GOSAR, that will create Mr. Chairman, the New Deal was a is to privatize this resource for multi- thousands of jobs in Arizona. jobs plan. President Obama has put for- national corporations without giving I want to commend Chairman HAS- ward a jobs plan. the full benefit to the American tax- TINGS for his work on this and for H.R. 1904 is not a jobs plan. H.R. 1904 payer for the copper which is mined. bringing it to the floor today. is a massive payout to multinational Mr. GRIJALVA and Mr. GARAMENDI What we see right now is a jobs crisis mining giants that are wearing a jobs will offer an amendment to require that we have in America. We need to be plan as a disguise. That disguise is slip- local hiring and local ore processing able to unleash the ingenuity of our job ping. Real jobs are about making wise and Make It in America, make it here creators. We also have to make sure investments in businesses and tech- and have Americans working here that we’re not putting up barriers for nologies that put Americans to work. doing this work, people from Arizona people to actually start companies, ex- This bill just gives billions of dollars in itself. That’s the real debate that we’re pand companies and hire new workers. copper to foreign mining companies for going to have. ´ H.R. 1904 will have broad economic free. In conclusion, Mr. LUJAN as well will impacts, not only for Arizona but for offer an amendment to protect Native the country as a whole, because it will b 1350 American sacred sites from being de- create 3,700 jobs equaling nearly $220.5 Let’s do the math. Estimates vary on stroyed by this bill. And when that is million in annual wages. These are the value of the copper from $2 billion defeated as well by the majority, it will

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.051 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7094 CONGRESSIONAL RECORD — HOUSE October 26, 2011 be painfully clear just how far they are Whereas, the block cave mining method to Whereas, H.R. 1904 would require Congress willing to go to enrich these foreign be employed at Oak Flat will also cause the to lift the decades old ban against mining corporations. collapse of the surface of the earth and en- within the 760 acres of the Oak Flat With- This should not be a Filene’s Base- danger the historic terrain at Apache Leap, drawal which was expressly set aside from ment sale. This should not be a fire Oak Flat, and Gaan Canyon, as well as in the mining by President Eisenhower in 1955 due surrounding countryside; and to the lands value for recreation and other sale giving away American valuable Whereas, the mining activity would de- important purposes; and copper resources to multinationals. We plete and contaminate water resources from Whereas, the mining proposed for Oak Flat should be able to put a price tag on nearby watersheds and aquifers leaving in its will destroy the religious, cultural and tradi- what the American people are getting wake long term and in some cases, perma- tional integrity of Oak Flat for American In- from this bargain basement sale, this nent religious, cultural and environmental dian tribes affiliated with the area, and it giveaway, without proper compensa- damage; and will cause serious and highly damaging envi- tion given to the American taxpayer. Whereas, although we are not opposed to ronmental consequences to the water, wild- mining in general, this form of mining and life, plants, and other natural ecosystems of That’s what this bill and the debate the area; and is going to be all about. It’s whether or mining in this location does not make sense, is offensive to us, and would pose a danger to Whereas, the block cave mining method to not, in fact, there is corporate profit- many important values of this region; and be employed at Oak Flat will also cause the eering at taxpayer expense, plain and Whereas, the National Congress of Amer- collapse of the surface of the earth and en- simple, which is at the heart of this ican Indians has adopted resolutions in the danger the historic terrain at Apache Leap, bill. History will record that when the past opposing this mining project at Oak Oak Flat, and Gaan Canyon, as well as in the public cried out for a jobs plan to put Flat and the land exchange to be facilitated surrounding country side; and by H.R. 1904; and Whereas, the mining activity would de- Americans back to work, what was put plete and contaminate water resources from together was a retirement plan for ex- Whereas, the Inter Tribal Council of Ari- zona, Inc. has adopted resolutions in the past nearby watersheds and aquifers leaving in its ecutives at Rio Tinto and BHP-Billiton wake long term and in some cases, perma- that did not, in fact, get a return on in- opposing this mining project at Oak Flat and land exchange, and most recently adopted nent religious, cultural and environmental vestment for the American taxpayers. Resolution 0311 on May 20, 2011, opposing H.R damage; and Whereas, although we are not opposed to THE NATIONAL CONGRESS OF AMERICAN 1904; and mining in general, this form of mining and INDIANS RESOLUTION #MKE–11–0XX Whereas, the San Carlos Apache Tribe, the mining in this location does not make sense, TITLE: OPPOSITION TO H.R. 1904, PROPOSING A Fort McDowell Yavapai Nation, the White is offensive to us, and would pose a danger to LAND EXCHANGE IN SOUTHEASTERN ARIZONA Mountain Apache Tribe, and other Tribes many important values of this region; and FOR THE PURPOSE OF MINING OPERATIONS have opposed this land exchange due to the Whereas, the Inter Tribal Council of Ari- Whereas, we, the members of the National environmental consequences to the land in zona has adopted resolutions in the past op- Congress of American Indians of the United the proposed mining area, as well as the posing this mining project at Oak Flat and States, invoking the divine blessing of the harm to religious, cultural, archeological, the land exchange to be facilitated by H.R. Creator upon our efforts and purposes, in and historic resources from the proposed 1904; and order to preserve for ourselves and our de- mining by the huge foreign mining compa- Whereas, the San Carlos Apache Tribe, the scendants the inherent sovereign rights of nies; and now therefore, be it Fort McDowell Yavapai Nation, the White our Indian nations, rights secured under In- Resolved, that the National Congress of Mountain Apache Tribe, and other Tribes dian treaties and agreements with the American Indians oppose H.R. 1904, providing have opposed this land exchange due to the United States, and all other rights and bene- for a land exchange in southeastern Arizona environmental consequences to the land in fits to which we are entitled under the laws for the purpose of mining by Resolution Cop- the proposed mining area, as well as the and Constitution of the United States, to en- per; and be it further harm to religious, cultural, archeological, lighten the public toward a better under- Resolved, that this resolution shall be the and historic resources from the proposed standing of the Indian people, to preserve In- policy of NCAI until it is withdrawn or modi- mining by the huge foreign mining compa- dian cultural values, and otherwise promote fied by subsequent resolution. nies; and now therefore be it the health, safety and welfare of the Indian Resolved, that the member Tribes of ITCA people, do hereby establish and submit the INTER TRIBAL COUNCIL OF ARIZONA oppose H.R. 1904, providing for a land ex- following resolution, and RESOLUTION 0311 change in southeastern Arizona for the pur- Whereas, the National Congress of Amer- IN OPPOSITION TO H.R. 1904, PROPOSING A LAND pose of mining by Resolution Copper; and be ican Indians (NCAI) was established in 1944 EXCHANGE IN SOUTHEASTERN ARIZONA FOR it finally and is the oldest and largest national organi- THE PURPOSE OF MINING OPERATIONS Resolved, that the ITCA inform all appro- zation of American Indian and Alaska Native Whereas, the Inter Tribal Council of Ari- priate Congressional Committees, the Ari- tribal governments; and zona Delegation, and all appropriate state Whereas, H.R. 1904, entitled ‘‘Southeast Ar- zona (ITCA), an organization of twenty trib- and federal agencies of and the reasons for izona Land Exchange and Conservation Act al governments in Arizona, provides a forum this position. of 2011,’’ was introduced by Arizona District for tribal governments to advocate for na- 1 Congressman, Paul Gosar, on May 13, 2011, tional, regional and specific tribal concerns CERTIFICATION to approve a federal land exchange to trans- and to join in united action to address those The foregoing resolution was presented and fer to the ownership of Resolution Copper, a concerns; and duly adopted at a meeting of the Inter Tribal joint venture of two foreign mining compa- Whereas, the member Tribes of the Inter Council of Arizona on May 20, 2011, where a nies, Rio Tinto, PLC and BHP Billiton, Ltd., Tribal Council of Arizona have the authority quorum was present. over 2,400 acres of federal lands located with- to act to further their collective interests as SHAN LEWIS, in the Tonto National Forest for purposes of sovereign tribal governments; and Vice-Chairman, Fort Mojave Tribe an unprecedented block cave copper mine; Whereas, the member Tribes of the ITCA President, Inter Tribal Council of Arizona. and have the charge to support the sovereign Whereas, the federal lands which are pro- right of Indian nations, tribes, and commu- EIGHT NORTHERN INDIAN PUEBLOS COUNCIL posed to be exchanged, which are generally nities on matters directly affecting them INC. RESOLUTION NO. 11–10–15 known as Oak Flat, are within the ancestral upon their request; and IN OPPOSITION TO H.R. 1904, PROPOSING A LAND lands of certain Arizona Indian tribes, and Whereas, H.R. 1904, entitled ‘‘Southeast Ar- EXCHANGE IN SOUTHEASTERN ARIZONA FOR these land’s are of unique religious, cultural, izona Land Exchange and Conservation Act THE PURPOSE OF MINING OPERATIONS traditional, and archeological significance to of 2011’’, was introduced by District 1 Con- Whereas, the Eight Northern Indian Pueb- American Indian tribes in this region; and gressman, PAUL GOSAR, on May 13, 2011, to los Council Inc. (ENIPC, Inc.), believes in Whereas, H R. 1904 would require Congress approve a federal land exchange to transfer supporting the sovereign rights of Indian na- to lift the decades old ban against mining to the ownership of Resolution Copper, a tions, tribes, and communities on matters within the 760 acres of the Oak Flat With- joint venture of two foreign mining compa- affecting them upon request; and drawal which was expressly set aside from nies, Rio Tinto, PLC and BHP Billiton, Ltd., Whereas, traditional tribal life is rooted in mining by President Eisenhower in 1955 due over 2,400 acres of federal lands located with- a deep and personal understanding of the to the land’s value for recreation and other in the Tonto National Forest for purposes of natural world and the forces that govern it; important purposes; and an unprecedented block cave copper mine; the source of tribal health, happiness, Whereas, the mining proposed for Oak Flat and strength, and balance is the natural world, will destroy the religious, cultural and tradi- Whereas, the federal lands which are pro- making our relationship with the natural tional integrity of Oak Flat for American In- posed to be exchanged, which are generally world sacred; and dian tribes affiliated with the area, and it known as Oak Flat, are within the ancestral Whereas, H.R. 1904, entitled ‘‘Southeast Ar- will cause serious and highly damaging envi- lands of certain Arizona Indian tribes, and izona Land Exchange and Conservation Act ronmental consequences to the water, wild- these lands are of unique religious, cultural, of 2011,’’ would approve a federal land ex- life, plants, and other natural ecosystems of traditional, and archeological significance to change to transfer to the ownership of Reso- the area; and American Indian tribes in this region; and lution Copper over 2,400 acres of federal lands

VerDate Mar 15 2010 04:05 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.041 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7095 located within the Tonto National Forest for Pueblo of Pojoaque. oppose H.R. 1904: Southeast Arizona Land purposes of an unprecedented block cave cop- GOVERNOR ERNEST Exchange and Conservation Act of 2011; and per mine; and MIRABAL, be it further Whereas, the federal lands which are pro- Pueblo of Nambe. Resolved, that the AIPC will inform all ap- posed to be exchanged, which arc generally GOVERNOR WALTER propriate Congressional Committees, the known as Oak Flat, are within the ancestral DASHENO, New Mexico Delegation, and all appropriate lands of certain Indian tribes, and these Pueblo of Santa Clara. federal agencies of and the reasons for this lands are of unique religious, cultural, tradi- Attest: position; be it finally tional, and archeological significance to ROB CORABI, Resolved, that the officers of AIPC are ex- American Indian tribes in this region; and Interim Executive Di- pressly authorized to take any and all steps Whereas, H.R. 1904 would require Congress rector, Eight North- necessary to effectuate the intent of this to lift the decades old ban against mining ern Indian Pueblos Resolution immediately. within the 760 acres of the Oak Flat With- Council, Inc. CERTIFICATION drawal which was expressly set aside from I, Chairman Sanchez of the All Indian mining by President Eisenhower in 1955 due ALL INDIAN PUEBLO COUNCIL RESOLUTION Pueblo Council, hereby certify that the fore- to the land’s value for recreation and other 2011–08 going resolution 2011–08 was considered and important purposes; and IN OPPOSITION TO H.R. 1904, PROPOSING A LAND adopted at a duly called council meeting Whereas, the mining proposed for Oak Flat EXCHANGE IN SOUTHEASTERN ARIZONA FOR held on the 17th day of August 2011, and at will destroy the religious, cultural and tradi- THE PURPOSE OF MINING OPERATIONS which time a quorum as present and the tional integrity of Oak Flat for American In- Whereas, the All Indian Pueblo Council same as approved by a vote of 16 in favor, 0 dian tribes affiliated with the area, and it (‘‘AIPC’’) is comprised of the Pueblos of opposed, 0 abstained and 4 absent. will cause serious and highly damaging envi- Acoma, Cochiti, Isleta, Laguna, Jemez, CHANDLER SANCHEZ, ronmental consequences to the water, wild- Santa Ana, Sandia, San Felipe, Santo Do- Chairman. life, plants, and other natural ecosystems of mingo, Zia, Zuni, Nambe, Picuris, Pojoaque, Attest: the area; and Santa Clara, San Ildefonso, Ohkay Owingeh, LEROY ARQUERO, Whereas, the block cave mining method to Tesuque, Taos and 1 Sovereign Pueblo, Secretary/Treasurer. be employed at Oat Flat will also cause the Ysleta Del Sur, located in the State of Texas Pueblo of Acoma, Gov. Vicente; Pueblo collapse of the surface of the earth and en- and each possessing inherent government au- of Isleta, Gov. Lujan; Pueblo of La- danger the religious and historic terrain at thority and sovereignty over their lands; and guna, Gov. Luarkie; Ohkay Owingeh, Apache Leap, Oak Flat, and Gaan Canyon, as Whereas, the member Tribes of AIPC have Gov. Lovato; Pueblo of Pojoaque, Gov. well as in the surrounding countryside; and the charge to support the sovereign right of Rivera; Pueblo of San Ildefonso, Gov. Whereas, the mining activity would de- Indian nations, tribes, and communities on Martinez; Pueblo of Santa Ana, Gov. plete and contaminate water resources from matters affecting them upon request; and Montoya; Pueblo of Santo Domingo; nearby watersheds and aquifers leaving in its Whereas, H.R. 1904, entitled ‘‘Southeast Ar- Pueblo of Tesuque; Pueblo of Zia; wake long term and in some cases, perma- izona Land Exchange and Conservation Act Pueblo of Cochiti, Gov. Pecon; Pueblo nent religious, cultural and environment of 2011’’, would approve a federal land ex- of Jemez, Gov. Toledo Jr.; Pueblo of damage; and change to transfer to the ownership of Reso- Nambe, Gov. Mirabal; Pueblo of Whereas, the National Congress of Amer- lution Copper over 2,400 acres of federal lands Picuris, Gov. Nailor; Pueblo of San ican Indians, the Inter Tribal Council of Ari- located within the Tonto National Forest for Felipe, Gov. Sandoval; Pueblo of zona, the United South and Eastern Tribes, purposes of an unprecedented block cave cop- Sandia, Gov. Montoya; Pueblo of Santa the San Carlos Apache Tribe, and other Ari- per mine; and Clara; Pueblo of Taos; Pueblo of Ysleta zona and New Mexico Tribes have opposed Whereas, the federal lands which are pro- del Sur; Pueblo of Zuni. this land exchange due to the harm to reli- posed to be exchanged, which are generally gious, cultural, archeological, and historic Mr. HASTINGS of Washington. Mr. known as Oak Flat, are within the ancestral resources, as well as the environmental con- Chairman, I am pleased to yield 2 min- lands of certain Arizona Indian tribes, and sequences to the land from the proposed min- utes to another gentleman from Ari- these lands are of unique religious, cultural, ing activities; and now, therefore, be it traditional, and archeological significance to zona, somebody else who has been in- Resolved, that the Eight Northern Indian American Indian tribes in this region; and volved in this issue for some time, Mr. Pueblo Council, Inc.’s Board of Governors Whereas, H.R. 1904 would require Congress FRANKS. firmly commit their support to oppose H.R. to lift the decades old ban against mining Mr. FRANKS of Arizona. I certainly 1904: Southeast Arizona Land Exchange and within the 760 acres of the Oak Flat With- Conservation Act of 2011; be it further thank the distinguished chairman for drawal which was expressly set aside from Resolved, that the ENIPC Board of Gov- yielding. mining by President Eisenhower in 1955 due ernors will inform all appropriate Congres- Mr. Chairman, first let me just con- to the lands value for recreation and other sional Committees, the New Mexico Delega- gratulate Mr. GOSAR on the introduc- important purposes; and tion, and all appropriate federal agencies of Whereas, the mining proposed for Oak Flat tion and passage of this legislation. He and the reasons for this position; be it fi- will destroy the religious, cultural and tradi- has done an amazing job in helping this nally tional integrity of Oak Flat for American In- legislation get to where it is now, and Resolved, that the Tribal Council is ex- dian tribes affiliated with the area, and it I have every confidence that he will see pressly authorized to take any and all ac- will cause serious and highly damaging envi- tions necessary to accomplish the intent of it through to the end. ronmental consequences to the water, wild- this Resolution. Mr. Chairman, according to a United life, plants, and other natural ecosystems of States Geological Survey report, the CERTIFICATION the area; and United States currently imports over We hereby certify that Resolution No. 11– Whereas, the block cave mining method to 10–15 was considered and adopted at an Eight be employed at Oak Flat will also cause the 30 percent of the country’s copper de- Northern Indian Pueblos Council, Inc., Board collapse of the surface of the earth and en- mand. And in 2010 alone, domestic cop- of Governors meeting held on October 18, danger the religious and historic terrain at per production decreased by another 5 2011, and that a quorum was present and that Apache Leap, Oak Flat, and Gaan Canyon, as percent; it decreased by another 5 per- the vote was 6 in favor, 0 opposed, 0 ab- well as in the surrounding country side; and cent. stained and 2 absent. Whereas, the mining activity would de- And just as relying on foreign oil im- Signed this 18th day of October 2011 plete and contaminate water resources from ports threatens national security, rely- GOVERNOR PERRY nearby watersheds and aquifers leaving in its ing on foreign copper suppliers also MARTINEZ, wake long term and in some cases, perma- threatens U.S. industry. We must use Chairman, Pueblo de nent religious, cultural and environmental San Ildefonso. damage; and domestic resources to meet that grow- GOVERNOR MARK Whereas, the National Congress of Amer- ing demand; and this legislation is a MITCHELL, ican Indians, the Inter Tribal Council of Ari- major step in the right direction, pro- Pueblo of Tesuque. zona, the United South and Eastern Tribes, ducing enough copper to meet as much GOVERNOR GERALD NAILOR, the San Carlos Apache Tribe, and other Ari- as 25 percent of America’s current de- Pueblo of Picuris. zona and New Mexico Tribes have opposed mand. GOVERNOR NELSON J. this land exchange due to the harm to reli- The Southeast Arizona Land Ex- CORDOVA, gious, cultural, archeological, and historic change and Conservation Act would Pueblo of Taos. resources, as well as the environmental con- GOVERNOR RON LOVATO, sequences to the land from the proposed min- open up the third largest undeveloped Vice Chairman, Ohkay ing activities; and now therefore be it copper resource in the world, creating Owingeh. Resolved, the All Indian Pueblo Council new American jobs, reducing our de- GOVERNOR GEORGE RIVERA, Governors firmly commit their support to pendence on foreign sources of energy

VerDate Mar 15 2010 04:05 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.011 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7096 CONGRESSIONAL RECORD — HOUSE October 26, 2011 and minerals, and generating tens of b 1400 ing jobs and developing our Nation’s billions of dollars in revenue. In the language of the bill, there are resources, as this bill does in a way Now, in the midst of a prolonged re- certain provisions that make it impos- that is both environmentally respon- cession, Mr. Chairman, that has hit Ar- sible for the United States Government sible and culturally respectful. izona very hard, we really cannot af- to go back and do a reappraisal, so I urge passage of this bill. Mr. GRIJALVA. Mr. Chairman, may I ford not to pass this legislation be- we’re left with a bad financial deal. inquire how much time remains? cause it so uniformly benefits our labor I’m all for the copper mining. It has The Acting CHAIR (Mr. LATOU- force, our State and local governments to be done properly, and environmental and conservationists who would benefit RETTE). The gentleman from Arizona views and all that. That’s not the issue has 8 minutes and the gentleman from from much of the high-value land ex- for me. The issue for me is let’s make Washington has 131⁄2 minutes. change in opening this land to mining. sure the American public gets the right I would just encourage my colleagues Mr. GRIJALVA. Let me, if I may, value out of this, and there’s only one to vote in favor of this bill. It’s time yield 3 minutes to the gentleman from way to do it. That is as the ore is ex- that America begins to produce our Minnesota (Mr. ELLISON). tracted. It then has a known quantity own energy and our own minerals and Mr. ELLISON. Mr. Chairman, I’m and a known value, and a royalty on to get back on track to being the afraid that this bill is another example greatest Nation in the history of the the ore extracted, that is the mate- of the majority having no real jobs world. rial—copper, gold, and other mate- agenda. The Republicans are claiming Mr. GRIJALVA. Mr. Chairman, the rials—is then known. And if you simply that this bill will create jobs in Ari- claim is that this legislation is going put a royalty on it, then the American zona. And, of course, our whole country to boost the U.S. economy tremen- people will get its fair share of its prop- wants more jobs anywhere we can get dously, but the copper will likely ben- erty. them. But the truth is no one really efit China more than the United This property doesn’t belong to Rio knows the exact economic impact of States. Tinto or BHP Billiton; this property this mine. Nine percent of Rio Tinto is owned belongs to us, Americans. The only jobs number that we have by the state-controlled Aluminum Cor- The CHAIR. The time of the gen- to go on are those provided by Rio poration of China. Rio Tinto has a tleman has expired. Tinto, the foreign parent company of long-established relationship and at Mr. GRIJALVA. I yield the gen- Resolution Copper. When this proposal our hearings refused to disclaim what tleman an additional minute. was first developed in 2005, it was re- level of exportation they were going to Mr. GARAMENDI. It belongs to us, ported that the mine would create make to China of this copper ore. Americans, and we ought to be getting about 450 jobs. Without any expla- At a time when we should focus on our full value. nation, no data, no analysis, the esti- U.S. industry supporting that industry, This is not an obscure or new provi- mates have skyrocketed to over 1,200 creating jobs here in America, we sion. This is the standard procedure. jobs or even 6,000 jobs. That sounds en- should not be trading away billions in We actually use it for oil extraction, ticing, particularly to a country where copper to supply China’s needs. This except in deep water. It is something we have 10 percent, 9 percent unem- bill doesn’t even require that the ore that really will give us the value. ployment. But without any data to extracted from this mine be processed Secondly, and I’ll make this very, support it, it just seems like specula- here, much less that it will be mar- very short, the equipment used ought tion. You could just say it’s going to keted or sold here. to be American made. There’s going to create a gazillion jobs. Why not? Any- With that, let me yield 3 minutes to be a lot of equipment, a lot of different thing to get the deal. the gentleman from California, a mem- equipment and material used; let’s There’s no way to know because the ber of the Resources Committee, Mr. make that American-made. That’s an numbers are not supported by a mining GARAMENDI. amendment that will come later. But plan of operations or impartial eco- Mr. GARAMENDI. Thank you, Mr. right now, deal with the royalty issues nomic documentation of any kind. This GRIJALVA, and thank you very much so that us Americans, all of us, 300 mil- bill is an affront to the National Envi- for our friends from Arizona. lion, will get our share of the extraor- ronmental Policy Act. Under this legis- Let me just tell you, my family has dinary value that this mine will lation, by the time any environmental been in mining since the 1860s, gold produce. review or accurate job figures are mining, which isn’t working too well in Mr. HASTINGS of Washington. Mr. available, the land will already be in California right now. And I am not at Chairman, I am pleased to yield 2 min- private hands. In fact, there is no job all opposed to mining copper in Ari- utes to the gentleman from Michigan requirement in the bill. There is no job zona, although there are issues, local, (Mr. BENISHEK), a member of the Nat- requirement in the bill despite the to be dealt with; and I will let that go ural Resources Committee whose dis- vaunted promises of 6,000 jobs. This bill to another individual. I was deputy trict has a long mining history. doesn’t include any local jobs require- Secretary of the Department of the In- Mr. BENISHEK. I thank the gen- ment from the mining company. terior and had the opportunity to deal tleman for yielding. At a time when the whole country is with appraisals and land transfers. Mr. Chairman, I came to the floor to looking to Congress to create much- This bill, as structured, is a bad deal speak in favor of this bill because needed jobs, and we really are vulner- for American taxpayers and for Ameri- frankly, I find it hard to believe what able to any promises of jobs, our col- cans. It basically is an enormous give- I’m hearing from those arguing against leagues across the aisle should be fo- away of extraordinary value to these it. cusing on creating jobs in America, not two companies. As has been mentioned Does anyone honestly believe that just large, vaunted promises that real- by our colleagues from Arizona who are passing this bill will create jobs only ly have no background or substan- in support of the bill, this is one of the for an army of robots? Are you kidding tiation. Our colleagues across the aisle biggest deposits of copper and other me? Robots? According to one study, are spending time in this House to cre- minerals in the United States and this bill may create as many as 3,000 ate a special interest carve-out for a quite possibly among the biggest in the real jobs for humans. giant, multinational corporation. It’s, world. Mr. Chairman, my district in north- by the way, owned by people outside What is its value? The mechanism ern Michigan is a long way from Ari- the United States. that’s used to determine the value of zona, but we, too, have a rich history of Mr. HASTINGS of Washington. Mr. the trade is called a capitalization ap- copper mining. Today, people need cop- Chairman, I am pleased to yield 2 min- praisal, which has to assume the cost, per in their daily lives, and the grow- utes to another gentleman from Ari- has to make assumptions on the ex- ing demand means we need more zona who has been a longtime sup- traction, the cost of extraction, and mines, creating more jobs in Arizona porter of this project, Mr. FLAKE. the amount of ore to be obtained. and Michigan. My own father was a Mr. FLAKE. I thank the gentleman There is no way in the appraisal miner. for yielding. process that that can be done with any Congress needs to demonstrate to the You know, listening to the debate, accuracy at all. American people that it supports min- you wonder what bill we’re debating

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.052 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7097 here. The opposition seems to be talk- aspects of this and the other costs as- Every day in my district in New Mex- ing about something completely dif- sociated, have concluded that the cost ico, people ask: What’s gone wrong ferent. We heard under the rule debate to the taxpayer is effectively zero. Now with the American economy? yesterday and some of the debate today that’s the official agency that we go What’s gone wrong with the Amer- that this won’t create any jobs in Ari- by, so when we hear that there’s a ican economy is that the Federal Gov- zona, that somehow these jobs will go whole bunch of costs associated with ernment spends $3.6 trillion a year and to robots. I mean, come on, this isn’t that to the taxpayer, it’s simply not so. it brings in $2.1 trillion a year. the Jetsons doing this. I have no idea What is even more ironic, Mr. Chair- So they ask then: Why are the reve- what’s being talked about here. man, when they make that argument, nues to the government down? I said: Let me give you a couple of examples they ignore the fact that jobs that will Well, because jobs are down. of those who are employed currently. be created here get paid wages. Those They want to know why jobs are There are 500 people currently em- wages then will be subjected to tax down. And I can point to the resistance ployed by Resolution on the mine, 500, policies of the Federal Government to to this bill and explain why jobs are and 90 percent of them are Arizonans. where the Federal Government actu- down. So 90 percent of the 500 right now. ally gets more revenue. But that is ig- This is a very commonsense bill. It There are an estimated 1,400 jobs di- nored, it seems like all the time, when says we’re going to take almost twice rectly related to the mine or directly we hear the other side argue on this as much land and exchange it to a pri- in the mine, and some 3,700 beyond issue. vate company, from a private com- pany, would give them half as much that, ancillary jobs, would come as a b 1410 result of the mine. land and let them have a copper mine Albo Guzman, he’s a local Superior Let me talk about the issue of NEPA there. The Americans are currently im- Trading contractor. He has several because that has been bandied around a porting about 32 percent of all the cop- local employees working for him on few times. The NEPA laws of our coun- per that we use. This one mine, if the this project. He is a person, not a try are not changed at all by the pas- resistance were dropped and were put robot. sage of this bill, but what we do is we into operation, would provide 25 per- Jeff Domlin, a Globe-based con- put logic to the process. cent of the domestic copper demand for tractor whose company is doing much Mr. Chairman, as you know very the next 50 years. of the reclamation work on the project. well, our great government was de- Why would we be contesting this? Elizabeth Magallanez, she’s a long- signed to have a dispersion of power. I’ve heard my friend on the other side time resident. We sit in the legislative branch and we of the aisle say it’s because there are Melissa Rabago, she was actually make the policy of this country, and robots working in the mine. The mines born in the hospital that was run by the executive branch carries out that I go in—and I will guarantee you this the company on the previous mine that policy. It’s been that way since our Re- mine is going to be conducted with en- her father worked on, the Magma public was founded. All we are saying gineers, with mechanics. It’s going to project. That company hospital now is that when Congress directs an ac- be conducted with blue-collar labor serves as project headquarters. Two of tion—in this case, an action of a land down the hole working in the mine. her sons work for a Resolution con- exchange—it shall not be subject to They’ve got better machinery than tractor. NEPA because we are exercising our they did a hundred years ago. They’re Mike Alvarez, third generation from authority under the Constitution to di- not there working with pick and shov- Superior, works as a map technician. rect policy. Why should a NEPA policy el. But these are real jobs—1,200 to These are all real people, not robots. be used to slow down a direction that 15,000 jobs long term, and 2,000 to 3,000 You didn’t here me say C3PO or any- Congress has given? So that’s the only construction jobs. It’s a $4 billion in- thing like that. So the arguments that part of the NEPA policy that we are af- crease in our economy and we can’t get we hear coming out of the opposition fecting in this bill. agreement. on this are just complete nonsense Now, I want to say this very explic- This town talks so much about jobs about this not creating jobs. itly. Under this bill, all NEPA laws as on both sides of the aisle, and we hear And this talk about royalties; if we to the construction and the carrying the President moving around the coun- want to go in and change the Mining on of this mine will be subject to NEPA try. I haven’t heard the President once Act of 1872, let’s do it. I’ll be there. A laws. And nothing is changed. Nothing come out and say: At least free up lot of us have argued for that. But this is changed. So when people throw these 1,200 jobs. I will sign this jobs is not the place to address the Mining around NEPA as one reason why we package. Instead, he wants to raise Act of 1872. Let’s address that when it shouldn’t adopt this, that is simply a taxes to increase jobs. That’s his idea. should be addressed, and let’s address bogus argument. This is a private investment in a pri- the facts at hands. The facts are these: Finally, I just want to make one vate land where they create a lot of Jobs will be created. This is a great more point here about this being a long-term jobs. More than that, they bill. Let’s pass it. giveaway. In fact, there are some of my make it self-sufficient. Mr. GRIJALVA. I thank my friend persuasion that may have a bit of Now, the price of copper is almost Mr. FLAKE. heartburn with this because, as a mat- four times what it was 10 years ago. And you’re right; this isn’t the ter of fact, we are giving the Federal The most recent report is that people Jetsons doing this. I probably would Government more land than we are ex- are stealing copper bells off of churches feel a lot more comfortable if that were changing for private development of and cutting them up and selling them. the case. this copper land. Copper is in that great a demand and Given the time we have left, I will re- Mr. Chairman, I know you’ve heard we still find resistance from our friends serve the balance of my time. the arguments over this in the time on the other side of the aisle for cre- Mr. HASTINGS of Washington. Mr. you and I have been here, and yet this ating these jobs, and no one in the Chairman, I have another speaker com- is something that I think is worthy of American public seems to understand ing to the floor; so I will yield myself support because we do want to make why. such time as I may consume. sure that those lands are protected in a What is this about? It’s about agenda We have heard some curious argu- way. So to suggest that there’s a give- politics. It’s about saying that we’re ments on the other side, as my col- away here is simply not the case be- not going to let any development of re- leagues on this side have pointed out a cause the exchange is of equal value. sources go in the West. The West has few times, but let me just talk about a With that, Mr. Chairman, I am very had its timber jobs choked off. It’s had couple of them where there’s a charge pleased to yield 3 minutes to a former its mining jobs choked off. It has re- that this will cost the taxpayers. member of the Natural Resources Com- sistance to the oil and gas jobs, and We measure what the costs are to the mittee, the gentleman from New Mex- there are people who are trying to shut taxpayers of this country by the Con- ico (Mr. PEARCE). that industry down. They’re trying to gressional Budget Office, the CBO. And Mr. PEARCE. I thank the gentleman shut the coal mining jobs down. The CBO, in looking at the land exchange from Washington for yielding. West is starving for jobs. In fact, we in

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.044 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7098 CONGRESSIONAL RECORD — HOUSE October 26, 2011 the Western Caucus have recently put Mr. SCHWEIKERT. The last thing I friend, Mr. GOSAR, from Arizona. They out a report highlighting all of the want to say is my good friend Con- are not the same, none of those. The many ways we can create jobs now, gressman GOSAR from northern Ari- one major difference is that, with the called the ‘‘Jobs Frontier.’’ I would zona, and actually from all over Ari- exception of the legislation before us, recommend people go to it. This is one zona, is deserving of a gigantic thank the NEPA process, the ESI, the con- of the bills in the ‘‘Jobs Frontier.’’ you here. To be a freshman Congress- sultation all occurred before the land I heartily recommend that we pass man and to step into this body to deal exchange, not after. Once we do that H.R. 1904. with what ultimately is sometimes a process, if something comes up that Mr. GRIJALVA. I yield myself such cantankerous issue but incredibly im- needs compliance and mitigation, it be- time as I may consume. portant to the Nation and the South- comes subject to the private property As I indicated, much of the opposi- west and to those of us that live in and owner—a foreign company that will tion to this legislation is coming from love Arizona, this is important. This is now have this public land—to deal with Indian country. All the pueblos in New a lot of jobs, a lot of economic growth. that question, serious compliance Mexico have opposed this legislation. Congressman GOSAR gets a lot of credit issues, and legal issues. The Inter Tribal Council of Arizona is for getting it this far. The other point is the water. Twelve opposed to this legislation. Twenty-six years have already been banked of the tribes from across the country, includ- b 1420 20 that the mine would need in order to ing Texas, have opposed this legisla- Mr. GRIJALVA. May I inquire, Mr. operate. The point being, and pro- tion. They see an impact on sacred Chairman, how much time each side tecting oak flats and other important sites, history, and culture that has not has? been factored into this discussion, nor areas of the water supply for the re- The Acting CHAIR. The gentleman gion, that seems like a significant have native peoples, particularly those from Arizona has 3 minutes, and the affected nearby in San Carlos. Apaches number. But to bank water for this gentleman from Washington has 5 min- project on the outskirts of Phoenix have been allowed to run what is im- utes. portant, which is the government-to- does nothing to mitigate the potential Mr. GRIJALVA. I continue to reserve usage of water, the potential drain of government consultation. the balance of my time. Just a point. The chairman, my water in those three aquifers in that Mr. HASTINGS of Washington. Mr. friend from the Natural Resources region, and the effect that it would Chairman, I am pleased to yield 1 Committee, mentioned the CBO score have. NEPA would tell us what that ef- minute to the sponsor of this legisla- for this bill. There are also two points fect would be. A full study would tell to make. The CBO says this bill could tion, again, somebody who has been ab- us what effect it is. But we’re not hav- cost the taxpayers up to $5 billion over solutely tenacious on this issue, the ing that done. So the consequence is 10 years. This cost is not offset. CBO gentleman from Arizona (Mr. GOSAR). that we’re working on supposition, and says the payments to government Mr. GOSAR. I thank the chairman I think supposition on this major land could be significant, but the bill’s pro- for yielding. exchange is a huge mistake. We cannot visions don’t allow CBO to score them My legislation shows you can protect afford unintended consequences with accurately. the land and the water and have a this land deal. A straight royalty, for sure, would strong economy with good jobs. And a full and open process. If we have certainty and would return what The land exchange will bring into would have done that at the initiation was needed. Federal stewardship 5,500 acres of high- with the Renzi bill almost 8 years ago, I reserve the balance of my time. priority conservation lands in ex- we would be through that process Mr. HASTINGS of Washington. I change for the third largest undevel- many, many years ago; and we would would just respond that CBO also said oped copper deposit in the world. I’d be perhaps talking about a differently in their scoring that it’s so insignifi- like to speak about one in particular. crafted piece of legislation. We aren’t cant, it’s hard to measure. The 7B Ranch, located in Pinal Coun- doing that. With that, Mr. Chairman, I am ty, Arizona, is 3,073 acres designated by And the last thing is, there is some- pleased to yield 1 minute to the gen- the Nature Conservancy as one of the thing sacred and spiritual about this as tleman from Arizona (Mr. last great places on Earth. And the well. Native people are not just com- SCHWEIKERT). Forest Service testified that this prop- plaining because they want to com- Mr. SCHWEIKERT. Mr. Chairman, erty was ‘‘priceless’’—and you will get plain. They are legitimately saying this is one of those moments where I a chance to see some of them. that we need to have consultations, ran out of the Financial Services Com- This area is home to a free-flowing there should be full studies, and mittee where we were voting because I artesian spring-fed wetland populated thought it was important, being an Ar- factored into the decisionmaking must by lowland leopard frogs, nesting birds, be the historical and cultural and reli- izonan, but also spending lots of time and native fish. In addition, this parcel in this part of the State, which is a gious sacred areas that we need pro- is recognized by BirdLife International tected and ensured that they will be beautiful part of the State. And many as an ‘‘important bird area.’’ These are of these little communities there have protected. Those discussions have not amazing sites. These have ‘‘priceless’’ devastating unemployment, and occurred. as their connotation. they’re literally furious with Wash- H.R. 1904 is a land giveaway. And the Mr. GRIJALVA. I yield myself such ington, D.C., for destroying their tim- gentleman from New Mexico said why time as I may consume. ber jobs and squeezing their mining our economy is in a bad place. Well, Let me just talk about the opposi- jobs. And then we stand here with this kind of legislation tells you why. something that, for a little State like tion. It is not only with affection for It is a sweetheart deal for a multi- Arizona, could be billions and billions the State that I grew up in and that I national corporation foreknown. It of dollars of economic growth. was born in, but it’s also for the future gives them breaks. When you think about this one ore of that State, and it’s also for the fu- Mr. PEARCE. Will the gentleman deposit could represent 20 percent of ture of important rules and laws that yield? the Nation’s copper, how can we even have protected our environment for Mr. GRIJALVA. I have 3 minutes, be debating this when you also realize many years, and to ensure that the and I will be glad to as soon as I have an average single-family home uses jobs that we’re talking about are not finished my summation, if I have time, about 440 pounds of copper? Do you just a panacea and a selling point as sir. want housing? How about a car? A car opposed to a reality. But let me go over the points. This is uses 55 pounds of copper. This is where The opposition to this Rio Tinto-Res- a job for robots. I know it’s a touchy it will come from. olution Copper land exchange is based term for my colleagues on the other The Acting CHAIR. The time of the on many factors, but let me just point side of the aisle, but the reality is Rio gentleman has expired. out two. This is the fourth version of Tinto is a pioneer in automation. Mr. HASTINGS of Washington. I the land exchange. It began with They’ve done it in Australia; they’ve yield the gentleman an additional 30 former colleague Renzi, then Mr. PAS- done it in other parts of the world. seconds. TOR, Ms. Kirkpatrick, and now my There is no reason to believe that that

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.045 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7099 same pattern is not going to be applied would authorize a land exchange in the state specific mining activities, including alternatives to the mine that they own in Resolu- of Arizona. that would preserve cultural sites, and requires tion. The lands impacted by this legislation con- the Secretary to issue permits for mineral ex- The sucking sound that we will be tain many sites that are sacred to our Nation’s ploration within 30 days of enactment of the hearing will be the loss of water levels first peoples. act. The Act requires Rio Tinto to submit a in that area and the effect it will have. We in Congress have a responsibility to pro- plan of operations, but does not allow the Sec- And it’s a copper caper, using unusual tect the rights of our tribes to conduct religious retary to reject the plan, even if it is insufficient appraisal procedures which does not ceremonies, and use their sacred sites. Unfor- to conduct even a limited review. guarantee that the company is going to tunately, H.R. 1904 disregards this obligation. Lastly, there are no provisions to protect the pay any fair price for the billions of Previously, Congress passed the Native water supplies in the region from large-scale dollars of copper they stand to receive American Graves Protection and Repatriation depletions from mining operations or contami- from the American people. Act, NAGPRA, to protect the sacred sites of nation. There are no protections for ground- Like I said earlier, something has to tribes. H.R. 1904 is a direct violation of the water resources under the San Carlos Apache be sacred. H.R. 1904 trades away many rights afforded to tribes by NAGPRA. Reservation, which is protected by the Apache sites that are sacred to Native people. Both Presidents Eisenhower and Nixon Treaty of 1872 and the San Carlos Apache We’ve received pleas from Indian Coun- worked to ensure the lands in question were Tribe Water Rights Settlement Act of 1992. try over and over again; and we should protected and available for tribes to worship. The Act bypasses all normal administrative deal with those issues before the land H.R. 1904 would reverse these past efforts. processes that other mining companies are re- exchange, not as this legislation has it, To make matters worse, the legislation does quired to follow. This bill amounts to a land after. not give the land in question to an American- giveaway to a company without a promise of Add insult to injury, we keep talking based company that would reinvest its profits American jobs anytime soon. about jobs. There is an agenda before here in the United States. Mr. KILDEE. Mr. Chair, I rise today to ex- this Congress to begin to immediately Instead H.R. 1904 gives control of the land press my outrage and disappointment about create jobs for the American people. to foreign owned mining corporations. the bill before us, H.R. 1904. That is stalled—and from what I hear I urge my colleagues to ensure the religious In my 36 years in Congress I have seen from leadership, permanently derailed. rights of our Nation’s first peoples are re- many terrible bills, but this legislation stands So as the American people look for real spected in the Southwest, and vote no on out as among the worst. In one fell swoop, employment and real opportunity, we H.R. 1904. this legislation tramples on the rights of Indian present a false hope in this legislation, Mr. BLUMENAUER. Mr. Chair, today I voted tribes, damages our environment and cheats something that hasn’t been vetted. against H.R. 1904, legislation to give public American taxpayers. I urge opposition to the legislation, lands away to a mining company without an Mr. Chair, this legislation is, quite simply, a and I yield back the balance of my environmental review, without an independent travesty. It authorizes a land exchange giving time. appraisal of the value of the land and the cop- Resolution Copper, the subsidiary of two for- Mr. HASTINGS of Washington. I per beneath it, and which waived all the safe- eign companies, the right to mine potentially yield myself the balance of my time. The Acting CHAIR. The gentleman is guards applied to other mining projects. billions of dollars worth of copper from Amer- recognized for 2 minutes. To the San Carlos Apache Tribe and other ican land. In return, the American people re- Mr. HASTINGS of Washington. Mr. Tribes that live nearby, these lands are sa- ceive nothing, except the loss of our resources Chairman, I just want to make two cred. In addition to the environmental devasta- and damage to our land. points in concluding debate before we tion, mining will devastate their relationship to My friends on the other side of the aisle like go into the amendment process. this land. The Apache Treaty of 1852 requires to talk local and state rights, yet this legislation A reference was made to NEPA, and the U.S. to act to secure the permanent pros- completely ignores the rights and sovereignty I responded to that just a bit earlier perity and happiness of the Apache people. of local Indian tribes. Mr. Chair, a large portion where I simply said that there is a divi- Instead, this bill facilitates the destruction of of the proposed mine is considered sacred to sion of powers. And we are making an their sacred land. This bill requires consulta- local Indians. Tribes, nations, pueblos and action. With passage of this legislation tion with tribes only after the exchange, which communities in Arizona, New Mexico, and signed into law by the President, we makes that consultation a mere formality. across the country adamantly oppose this have said that there will be a land ex- This bill will not create American jobs to transfer; however, H.R. 1904 ignores these change. That’s the policy of the coun- help us out of this recession. Any jobs will not concerns, going so far as to waive federal try. Now, anything that happens on begin for years—and most of the mining will statutes that require timely consultation with that land after the exchange has hap- be done by machines deep underground. Rio affected tribes. Resolution Copper claims that pened is subject to NEPA review. I Tinto has stated the mine will be operated they can mine the land without disturbing have absolutely no problem with that through its ‘‘Mine of the Future’’ program, these sites, a ridiculous assertion that is at and nothing in this bill changes that which is heavily automated, saving the com- best naive and at worst, an outright lie. process. pany money by avoiding job creation. Mr. Chair, many of us have fought long and The second point I would want to This legislation undermines basic protec- hard to protect Indian land and constitutionally make is on the issue of creation of jobs. tions of our public lands, and arguments to the retained rights. Over the years we have Honestly, when you hear the debate contrary are incorrect and misleading. strived to improve the government to govern- here on the floor on this issue, that’s For instance, the legislation does not require ment relationship between the U.S. and Tribal probably emblematic of the debate any independent evaluation of the value of the Nations and I am proud of the progress we that has been going on in this Congress exchange at any time, taking the Rio Tinto’s have made. For this legislation to turn over since day one. Apparently, the other word for the value of the land, the copper be- rights to sacred Indian lands to a foreign min- side thinks that the only way you can neath it, and the impacts mining will cause to ing company, over the clear protests of Indian create jobs is raising taxes and expand- the land, water resources, ecosystems, and people is outrageous and would be a shame- ing the public sector. We believe that stability of the landscape. The Act exempts ful step in the wrong direction for U.S.-Tribal the best ways to create jobs and grow Rio Tinto from requirements for bonding and relations. our economy are based on the prin- clean-up of the mining project, leaving tax- We have no idea how the local environment ciples that have gotten the United payers with the bill for the inevitable clean-up. and water resources would be affected, be- States from where we were when the Even more misleading, the legislation does cause no impact analysis would be done until Republic was created until now, by re- require the appearance of compliance with after the transfer. Resolution Copper is esti- lying on the private sector. This is a NEPA, but only after the exchange has taken mating they will need as much water as the private sector investment on lands place, which is too late to be any more than entire city of Tempe on a yearly basis. It does that create a tremendous amount of a formality. The Secretary will have to prepare not take significant analysis to know that this wealth. This is a job creator, and I a single Environmental Impact Statement, could have potentially devastating impacts on think that this bill deserves passage. which will be the basis for all future decisions local water resources. With that, Mr. Chairman, I yield under applicable Federal laws and regulations, And what does our country get in return for back the balance of my time. but only after the exchange, with no discretion all of this damage? Nothing. Resolution Cop- Mr. BACA. Mr. Chair, I rise today to voice after completion of the EIS. The Act prohibits per has estimated the mine to be worth sev- my strong opposition to H.R. 1904, a bill that the Secretary from considering alternatives to eral billions of dollars, yet H.R. 1904 does not

VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0636 Sfmt 9920 E:\CR\FM\K26OC7.053 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7100 CONGRESSIONAL RECORD — HOUSE October 26, 2011 require any royalties to be paid to the Amer- oversight. The Majority continues to fight change of land between Resolution Copper and ican taxpayer. Once they have taken our cop- against preserving our nation’s natural re- the United States. per, it can be shipped overseas to be proc- sources with legislation that destroys the envi- SEC. 3. DEFINITIONS. essed and utilized. First it was our jobs, now ronment in favor of big corporations. I urge a In this Act: it’s our natural resources. And there are no no vote. (1) APACHE LEAP.—The term ‘‘Apache Leap’’ The Acting CHAIR. All time for gen- means the approximately 807 acres of land de- guarantees that there will be any significant picted on the map entitled ‘‘Southeast Arizona local job impacts. eral debate has expired. Land Exchange and Conservation Act of 2011– There are so many things wrong with this Pursuant to the rule, the bill shall be Apache Leap’’ and dated March 2011. legislation that it is hard to even mention them considered for amendment under the 5- (2) FEDERAL LAND.—The term ‘‘Federal land’’ all. It is a disgrace that we are debating this minute rule. means the approximately 2,422 acres of land lo- ill-conceived and destructive bill and I urge all It shall be in order to consider as an cated in Pinal County, Arizona, depicted on the my colleagues to vehemently oppose it. original bill for the purpose of amend- map entitled ‘‘Southeast Arizona Land Ex- Mr. VAN HOLLEN. Mr. Chair, the land swap ment under the 5-minute rule the change and Conservation Act of 2011–Federal in today’s legislation would grant two of the amendment in the nature of a sub- Parcel–Oak Flat’’ and dated March 2011. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ world’s largest, foreign-owned mining compa- stitute printed in the bill, modified by has the meaning given the term in section 4 of nies—Rio Tinto and BHP Billiton—mining the amendment printed in part A of the Indian Self-Determination and Education rights to 760 acres of the Tonto National For- House Report 112–258. That amendment Assistance Act (25 U.S.C. 450b). est in Southeastern Arizona in exchange for in the nature of a substitute shall be (4) NON-FEDERAL LAND.—The term ‘‘non-Fed- other land the companies currently own. This considered as read. eral land’’ means the parcels of land owned by exchange is necessary for Rio Tinto and BHP The text of the amendment in the na- Resolution Copper that are described in section Billiton to gain access to significant copper de- ture of a substitute is as follows: 5(a) and, if necessary to equalize the land ex- change under section 4, section 4(e)(2)(A)(i). posits they believe lie underneath the land in H.R. 1904 (5) OAK FLAT CAMPGROUND.—The term ‘‘Oak the Tonto National Forest. Be it enacted by the Senate and House of Rep- Flat Campground’’ means the approximately 50 Mr. Chair, I am not opposed to responsible resentatives of the United States of America in acres of land comprising approximately 16 devel- domestic energy and mineral production—but Congress assembled, oped campsites depicted on the map entitled I am strongly opposed to this majority’s com- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘Southeast Arizona Land Exchange and Con- plete disregard for our environmental laws and (a) SHORT TITLE.—This Act may be cited as servation Act of 2011–Oak Flat Campground’’ this legislation’s failure to ensure American the ‘‘Southeast Arizona Land Exchange and and dated March 2011. taxpayers get full value for the resources at Conservation Act of 2011’’. (6) OAK FLAT WITHDRAWAL AREA.—The term issue in this proposed transaction. (b) TABLE OF CONTENTS.—The table of con- ‘‘Oak Flat Withdrawal Area’’ means the ap- Specifically, H.R. 1904 would exempt this tents for this Act is as follows: proximately 760 acres of land depicted on the map entitled ‘‘Southeast Arizona Land Ex- land swap from the requirements of the Na- Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. change and Conservation Act of 2011–Oak Flat tional Environmental Protection Act—a law Sec. 3. Definitions. Withdrawal Area’’ and dated March 2011. specifically designed to evaluate the impacts Sec. 4. Land exchange. (7) RESOLUTION COPPER.—The term ‘‘Resolu- of proposed actions on our natural resources Sec. 5. Conveyance and management of non- tion Copper’’ means Resolution Copper Mining, before public resources are sold to private in- Federal land. LLC, a Delaware limited liability company, in- terests. The value of a thorough NEPA anal- Sec. 6. Value adjustment payment to United cluding any successor, assign, affiliate, member, ysis is especially significant in this case, States. or joint venturer of Resolution Copper Mining, where unanswered questions about the water Sec. 7. Withdrawal. LLC. Sec. 8. Apache leap. (8) SECRETARY.—The term ‘‘Secretary’’ means demands of the proposed mining operation Sec. 9. Conveyances to town of Superior, Ari- the Secretary of Agriculture. are especially consequential to the sur- zona. (9) STATE.—The term ‘‘State’’ means the State rounding community. Furthermore, as we work Sec. 10. Miscellaneous provisions. of Arizona. to reduce our national debt, I believe tax- SEC. 2. FINDINGS AND PURPOSE. (10) TOWN.—The term ‘‘Town’’ means the in- payers have a right to fair compensation for (a) FINDINGS.—Congress finds that— corporated town of Superior, Arizona. resources taken from public lands, something (1) the land exchange furthers public objec- SEC. 4. LAND EXCHANGE. the convoluted appraisal process called for in tives referenced in section 206 of the Federal (a) IN GENERAL.—Subject to the provisions of H.R. 1904 will almost certainly fail to do. Land Policy and Management Act of 1976 (43 this Act, if Resolution Copper offers to convey to Mr. Chair, if this land swap is truly in the in- U.S.C. 1716) including— the United States all right, title, and interest of Resolution Copper in and to the non-Federal terests of the American people, it has nothing (A) promoting significant job and other eco- nomic opportunities in a part of the State of Ar- land, the Secretary is authorized and directed to to fear from an appropriate environmental re- izona that has a long history of mining, but is convey to Resolution Copper, all right, title, and view and should be expected to fairly com- currently experiencing high unemployment rates interest of the United States in and to the Fed- pensate the American taxpayer for the value and economic difficulties; eral land. of the resources taken from their land. (B) facilitating the development of a world- (b) CONDITIONS ON ACCEPTANCE.—Title to any I urge a no vote. class domestic copper deposit capable of meeting non-Federal land conveyed by Resolution Cop- Mrs. MALONEY. Mr. Chair, I rise today to a significant portion of the annual United per to the United States under this Act shall be express my opposition to H.R. 1904, a bill that States demand for this strategic and important in a form that— would transfer 2,400 acres of federal lands in mineral, in an area which has already been sub- (1) is acceptable to the Secretary, for land to ject to mining operations; be administered by the Forest Service and the Southeast Arizona to a private copper mining (C) significantly enhancing Federal, State, Secretary of the Interior, for land to be adminis- company. There has not been a thorough geo- and local revenue collections in a time of severe tered by the Bureau of Land Management; and logical review to assess the impact of mining governmental budget shortfalls; (2) conforms to the title approval standards of on water resources or the surrounding com- (D) securing Federal ownership and protec- the Attorney General of the United States appli- munities and ecosystems. Furthermore, the bill tion of land with significant fish and wildlife, cable to land acquisitions by the Federal Gov- includes no protections or consideration for recreational, scenic, water, riparian, cultural, ernment. native American tribes. and other public values; (c) CONSULTATION WITH INDIAN TRIBES.—If Since coming to Congress I have fought to (E) assisting more efficient Federal land man- not undertaken prior to enactment of this Act, agement via Federal acquisition of land for ad- within 30 days of the date of enactment of this ensure that American taxpayers are properly dition to the Las Cienegas and San Pedro Na- Act, the Secretary shall engage in government- reimbursed for resources like oil and gas ex- tional Conservation Areas, and to the Tonto to-government consultation with affected In- tracted from federal lands. This bill does noth- and Coconino National Forests; dian tribes concerning issues related to the land ing to appropriately compensate American citi- (F) providing opportunity for community ex- exchange, in accordance with applicable laws zens and would instead give a single multi- pansion and economic diversification adjacent (including regulations). national corporation the benefit from one of to the towns of Superior, Miami, and Globe, Ari- (d) APPRAISALS.— the largest copper deposits in the world. Even zona; and (1) IN GENERAL.—As soon as practicable after more astonishing, the corporation benefitting (G) protecting the cultural resources and the date of enactment of this Act, the Secretary other values of the Apache Leap escarpment lo- and Resolution Copper shall select an appraiser from copper resources cannot guarantee that cated near Superior, Arizona; and to conduct appraisals of the Federal land and the copper will stay in America or that the (2) the land exchange is, therefore, in the pub- non-Federal land in compliance with the re- mine will remain American owned. lic interest. quirements of section 254.9 of title 36, Code of This bill sets a dangerous precedent with re- (b) PURPOSE.—It is the purpose of this Act to Federal Regulations. gard to environmental review and resource authorize, direct, facilitate, and expedite the ex- (2) REQUIREMENTS.—

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(A) IN GENERAL.—Except as provided in sub- drawal of the Oak Flat Withdrawal Area from eral Parcel–Turkey Creek’’ and dated March paragraph (B), an appraisal prepared under the mining, mineral leasing, or public land laws, 2011; this subsection shall be conducted in accordance the Secretary, upon enactment of this Act, shall (B) the approximately 148 acres of land lo- with nationally recognized appraisal standards, issue to Resolution Copper— cated in Yavapai County, Arizona, depicted on including— (A) if so requested by Resolution Copper, the map entitled ‘‘Southeast Arizona Land Ex- (i) the Uniform Appraisal Standards for Fed- within 30 days of such request, a special use change and Conservation Act of 2011–Non-Fed- eral Land Acquisitions; and permit to carry out mineral exploration activi- eral Parcel–Tangle Creek’’ and dated March (ii) the Uniform Standards of Professional Ap- ties under the Oak Flat Withdrawal Area from 2011; praisal Practice. existing drill pads located outside the Area, if (C) the approximately 149 acres of land lo- (B) FINAL APPRAISED VALUE.—After the final the activities would not disturb the surface of cated in Maricopa County, Arizona, depicted on appraised values of the Federal land and non- the Area; and the map entitled ‘‘Southeast Arizona Land Ex- Federal land are determined and approved by (B) if so requested by Resolution Copper, change and Conservation Act of 2011–Non-Fed- the Secretary, the Secretary shall not be re- within 90 days of such request, a special use eral Parcel–Cave Creek’’ and dated March 2011; quired to reappraise or update the final ap- permit to carry out mineral exploration activi- (D) the approximately 640 acres of land lo- praised value— ties within the Oak Flat Withdrawal Area (but cated in Coconino County, Arizona, depicted on (i) for a period of 3 years beginning on the not within the Oak Flat Campground), if the the map entitled ‘‘Southeast Arizona Land Ex- date of the approval by the Secretary of the activities are conducted from a single explor- change and Conservation Act of 2011–Non-Fed- final appraised value; or atory drill pad which is located to reasonably eral Parcel–East Clear Creek’’ and dated March (ii) at all, in accordance with section 254.14 of minimize visual and noise impacts on the Camp- 2011; and title 36, Code of Federal Regulations (or a suc- ground. (E) the approximately 110 acres of land lo- cessor regulation), after an exchange agreement (2) CONDITIONS.—Any activities undertaken in cated in Pinal County, Arizona, depicted on the is entered into by Resolution Copper and the accordance with this subsection shall be subject map entitled ‘‘Southeast Arizona Land Ex- Secretary. to such reasonable terms and conditions as the change and Conservation Act of 2011–Non-Fed- (C) IMPROVEMENTS.—Any improvements made Secretary may require. eral Parcel–Apache Leap South End’’ and dated by Resolution Copper prior to entering into an (3) TERMINATION.—The authorization for Res- March 2011; and exchange agreement shall not be included in the olution Copper to undertake mineral exploration (2) to the Secretary of the Interior, all right, appraised value of the Federal land. activities under this subsection shall remain in title, and interest that the Secretary of the Inte- (D) PUBLIC REVIEW.—Before consummating effect until the Oak Flat Withdrawal Area land rior determines to be acceptable in and to— the land exchange under this Act, the Secretary is conveyed to Resolution Copper in accordance (A) the approximately 3,050 acres of land lo- shall make the appraisals of the land to be ex- with this Act. cated in Pinal County, Arizona, identified as changed (or a summary thereof) available for (g) COSTS.—As a condition of the land ex- ‘‘Lands to DOI’’ as generally depicted on the public review. change under this Act, Resolution Copper shall map entitled ‘‘Southeast Arizona Land Ex- (3) APPRAISAL INFORMATION.—The appraisal agree to pay, without compensation, all costs change and Conservation Act of 2011–Non-Fed- prepared under this subsection shall include a that are— eral Parcel–Lower San Pedro River’’ and dated detailed income capitalization approach anal- (1) associated with the land exchange and July 6, 2011; ysis of the market value of the Federal land any environmental review document under sub- (B) the approximately 160 acres of land lo- which may be utilized, as appropriate, to deter- section (j); and cated in Gila and Pinal Counties, Arizona, iden- mine the value of the Federal land, and shall be (2) agreed to by the Secretary. tified as ‘‘Lands to DOI’’ as generally depicted the basis for calculation of any payment under (h) USE OF FEDERAL LAND.—The Federal land on the map entitled ‘‘Southeast Arizona Land section 6. to be conveyed to Resolution Copper under this Exchange and Conservation Act of 2011–Non- (e) EQUAL VALUE LAND EXCHANGE.— Act shall be available to Resolution Copper for Federal Parcel–Dripping Springs’’ and dated (1) IN GENERAL.—The value of the Federal mining and related activities subject to and in July 6, 2011; and land and non-Federal land to be exchanged accordance with applicable Federal, State, and (C) the approximately 940 acres of land lo- under this Act shall be equal or shall be equal- local laws pertaining to mining and related ac- cated in Santa Cruz County, Arizona, identified ized in accordance with this subsection. tivities on land in private ownership. as ‘‘Lands to DOI’’ as generally depicted on the (2) SURPLUS OF FEDERAL LAND VALUE.— (i) INTENT OF CONGRESS.—It is the intent of map entitled ‘‘Southeast Arizona Land Ex- (A) IN GENERAL.—If the final appraised value Congress that the land exchange directed by change and Conservation Act of 2011–Non-Fed- of the Federal land exceeds the value of the this Act shall be consummated not later than eral Parcel–Appleton Ranch’’ and dated July 6, non-Federal land, Resolution Copper shall— one year after the date of enactment of this Act. 2011. (i) convey additional non-Federal land in the (j) ENVIRONMENTAL COMPLIANCE.—Compliance (b) MANAGEMENT OF ACQUIRED LAND.— State to the Secretary or the Secretary of the In- with the requirements of the National Environ- (1) LAND ACQUIRED BY THE SECRETARY.— terior, consistent with the requirements of this mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (A) IN GENERAL.—Land acquired by the Sec- Act and subject to the approval of the applica- under this Act shall be as follows: retary under this Act shall— ble Secretary; (1) Prior to commencing production in com- (i) become part of the national forest in which (ii) make a cash payment to the United States; mercial quantities of any valuable mineral from the land is located; and or the Federal land conveyed to Resolution Copper (ii) be administered in accordance with the (iii) use a combination of the methods de- under this Act (except for any production from laws applicable to the National Forest System. scribed in clauses (i) and (ii), as agreed to by exploration and mine development shafts, adits, (B) BOUNDARY REVISION.—On the acquisition Resolution Copper, the Secretary, and the Sec- and tunnels needed to determine feasibility and of land by the Secretary under this Act, the retary of the Interior. pilot plant testing of commercial production or boundaries of the national forest shall be modi- (B) AMOUNT OF PAYMENT.—The Secretary may to access the ore body and tailing deposition fied to reflect the inclusion of the acquired land. accept a payment in excess of 25 percent of the areas), Resolution Copper shall submit to the (C) LAND AND WATER CONSERVATION FUND.— total value of the land or interests conveyed, Secretary a proposed mine plan of operations. For purposes of section 7 of the Land and Water notwithstanding section 206(b) of the Federal (2) The Secretary shall, within 3 years of such Conservation Fund Act of 1965 (16 U.S.C. 4601– Land Policy and Management Act of 1976 (43 submission, complete preparation of an environ- 9), the boundaries of a national forest in which U.S.C. 1716(b)). mental review document in accordance with sec- land acquired by the Secretary is located shall (C) DISPOSITION AND USE OF PROCEEDS.—Any tion 102(2) of the National Environmental Policy be deemed to be the boundaries of that forest as amounts received by the United States under Act of 1969 (42 U.S.C. 4322(2)) which shall be in existence on January 1, 1965. this subparagraph shall be deposited in the fund used as the basis for all decisions under applica- (2) LAND ACQUIRED BY THE SECRETARY OF THE established under Public Law 90–171 (commonly ble Federal laws, rules and regulations regard- INTERIOR.— known as the ‘‘Sisk Act’’; 16 U.S.C. 484a) and ing any Federal actions or authorizations re- (A) SAN PEDRO NATIONAL CONSERVATION shall be made available, in such amounts as are lated to the proposed mine and mine plan of op- AREA.— provided in advance in appropriation Acts, to erations of Resolution Copper, including the (i) IN GENERAL.—The land acquired by the the Secretary for the acquisition of land for ad- construction of associated power, water, trans- Secretary of the Interior under subsection dition to the National Forest System. portation, processing, tailings, waste dump, and (a)(2)(A) shall be added to, and administered as (3) SURPLUS OF NON-FEDERAL LAND.—If the other ancillary facilities. part of, the San Pedro National Conservation final appraised value of the non-Federal land SEC. 5. CONVEYANCE AND MANAGEMENT OF NON- Area in accordance with the laws (including exceeds the value of the Federal land— FEDERAL LAND. regulations) applicable to the Conservation (A) the United States shall not make a pay- (a) CONVEYANCE.—On receipt of title to the Area. ment to Resolution Copper to equalize the value; Federal land, Resolution Copper shall simulta- (ii) MANAGEMENT PLAN.—Not later than 2 and neously convey— years after the date on which the land is ac- (B) except as provided in section 9(b)(2)(B), (1) to the Secretary, all right, title, and inter- quired, the Secretary of the Interior shall up- the surplus value of the non-Federal land shall est that the Secretary determines to be accept- date the management plan for the San Pedro be considered to be a donation by Resolution able in and to— National Conservation Area to reflect the man- Copper to the United States. (A) the approximately 147 acres of land lo- agement requirements of the acquired land. (f) OAK FLAT WITHDRAWAL AREA.— cated in Gila County, Arizona, depicted on the (B) DRIPPING SPRINGS.—Land acquired by the (1) PERMITS.—Subject to the provisions of this map entitled ‘‘Southeast Arizona Land Ex- Secretary of the Interior under subsection subsection and notwithstanding any with- change and Conservation Act of 2011–Non-Fed- (a)(2)(B) shall be managed in accordance with

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the Federal Land Policy and Management Act (3) disposition under the mineral leasing, min- (d) TERMS AND CONDITIONS.—The conveyances of 1976 (43 U.S.C. 1701 et seq.) and applicable eral materials, and geothermal leasing laws. under this section shall be subject to such terms land use plans. SEC. 8. APACHE LEAP. and conditions as the Secretary may require. (C) LAS CIENEGAS NATIONAL CONSERVATION (a) MANAGEMENT.— SEC. 10. MISCELLANEOUS PROVISIONS. AREA.—Land acquired by the Secretary of the (1) IN GENERAL.—The Secretary shall manage (a) REVOCATION OF ORDERS; WITHDRAWAL.— Interior under subsection (a)(2)(C) shall be Apache Leap to preserve the natural character (1) REVOCATION OF ORDERS.—Any public land added to, and administered as part of, the Las of Apache Leap and to protect archeological order that withdraws the Federal land from ap- Cienegas National Conservation Area in accord- and cultural resources located on Apache Leap. propriation or disposal under a public land law ance with the laws (including regulations) ap- (2) SPECIAL USE PERMITS.—The Secretary may shall be revoked to the extent necessary to per- plicable to the Conservation Area. issue to Resolution Copper special use permits mit disposal of the land. (c) SURRENDER OF RIGHTS.—In addition to the allowing Resolution Copper to carry out under- (2) WITHDRAWAL.—On the date of enactment conveyance of the non-Federal land to the ground activities (other than the commercial ex- of this Act, if the Federal land or any Federal United States under this Act, and as a condition traction of minerals) under the surface of interest in the non-Federal land to be ex- of the land exchange, Resolution Copper shall Apache Leap that the Secretary determines changed under section 4 is not withdrawn or surrender to the United States, without com- would not disturb the surface of the land, sub- segregated from entry and appropriation under pensation, the rights held by Resolution Copper ject to any terms and conditions that the Sec- a public land law (including mining and min- under the mining laws and other laws of the retary may require. eral leasing laws and the Geothermal Steam Act United States to commercially extract minerals (3) FENCES; SIGNAGE.—The Secretary may of 1970 (30 U.S.C. 1001 et seq.)), the land or in- under Apache Leap. allow use of the surface of Apache Leap for in- terest shall be withdrawn, without further ac- SEC. 6. VALUE ADJUSTMENT PAYMENT TO stallation of fences, signs, monitoring devices, or tion required by the Secretary concerned, from UNITED STATES. other measures necessary to protect the health entry and appropriation. The withdrawal shall (a) ANNUAL PRODUCTION REPORTING.— and safety of the public, protect resources lo- be terminated— (1) REPORT REQUIRED.—As a condition of the cated on Apache Leap, or to ensure that activi- (A) on the date of consummation of the land land exchange under this Act, Resolution Cop- ties conducted under paragraph (2) do not affect exchange; or per shall submit to the Secretary of the Interior the surface of Apache Leap. (B) if Resolution Copper notifies the Secretary an annual report indicating the quantity of (b) PLAN.— in writing that it has elected to withdraw from locatable minerals produced during the pre- (1) IN GENERAL.—Not later than 3 years after the land exchange pursuant to section 206(d) of ceding calendar year in commercial quantities the date of enactment of this Act, the Secretary, the Federal Land Policy and Management Act from the Federal land conveyed to Resolution in consultation with affected Indian tribes, the of 1976, as amended (43 U.S.C. 1716(d)). Copper under section 4. The first report is re- Town, Resolution Copper, and other interested (3) RIGHTS OF RESOLUTION COPPER.—Nothing quired to be submitted not later than February members of the public, shall prepare a manage- in this Act shall interfere with, limit, or other- 15 of the first calendar year beginning after the ment plan for Apache Leap. wise impair, the unpatented mining claims or date of commencement of production of valuable (2) CONSIDERATIONS.—In preparing the plan rights currently held by Resolution Copper on locatable minerals in commercial quantities from under paragraph (1), the Secretary shall con- the Federal land, nor in any way change, di- such Federal land. The reports shall be sub- sider whether additional measures are necessary minish, qualify, or otherwise impact Resolution mitted February 15 of each calendar year there- to— Copper’s rights and ability to conduct activities after. (A) protect the cultural, archaeological, or on the Federal land under such unpatented (2) SHARING REPORTS WITH STATE.—The Sec- historical resources of Apache Leap, including mining claims and the general mining laws of retary shall make each report received under permanent or seasonal closures of all or a por- the United States, including the permitting or paragraph (1) available to the State. tion of Apache Leap; and authorization of such activities. (B) provide access for recreation. (3) REPORT CONTENTS.—The reports under (b) MAPS, ESTIMATES, AND DESCRIPTIONS.— (c) MINING ACTIVITIES.—The provisions of this paragraph (1) shall comply with any record- (1) MINOR ERRORS.—The Secretary concerned section shall not impose additional restrictions keeping and reporting requirements prescribed and Resolution Copper may correct, by mutual on mining activities carried out by Resolution by the Secretary or required by applicable Fed- agreement, any minor errors in any map, acre- Copper adjacent to, or outside of, the Apache eral laws in effect at the time of production. age estimate, or description of any land con- Leap area beyond those otherwise applicable to (b) PAYMENT ON PRODUCTION.—If the cumu- veyed or exchanged under this Act. mining activities on privately owned land under lative production of valuable locatable minerals (2) CONFLICT.—If there is a conflict between a Federal, State, and local laws, rules and regula- produced in commercial quantities from the Fed- map, an acreage estimate, or a description of tions. eral land conveyed to Resolution Copper under land in this Act, the map shall control unless section 4 exceeds the quantity of production of SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, the Secretary concerned and Resolution Copper ARIZONA. locatable minerals from the Federal land used in mutually agree otherwise. (a) CONVEYANCES.—On request from the Town the income capitalization approach analysis (3) AVAILABILITY.—On the date of enactment and subject to the provisions of this section, the prepared under section 4(d)(3), Resolution Cop- of this Act, the Secretary shall file and make Secretary shall convey to the Town the fol- per shall pay to the United States, by not later available for public inspection in the Office of lowing: than March 15 of each applicable calendar year, the Supervisor, Tonto National Forest, each (1) Approximately 30 acres of land as depicted a value adjustment payment for the quantity of map referred to in this Act. on the map entitled ‘‘Southeast Arizona Land excess production at the same rate assumed for Exchange and Conservation Act of 2011–Federal The Acting CHAIR. No amendment the income capitalization approach analysis Parcel–Fairview Cemetery’’ and dated March to the amendment in the nature of a prepared under section 4(d)(3). 2011. substitute is in order except those (c) STATE LAW UNAFFECTED.—Nothing in this (2) The reversionary interest and any reserved printed in part B of the report. Each section modifies, expands, diminishes, amends, mineral interest of the United States in the ap- such amendment may be offered only or otherwise affects any State law relating to proximately 265 acres of land located in Pinal the imposition, application, timing, or collection in the order printed in the report, by a County, Arizona, as depicted on the map enti- Member designated in the report, shall of a State excise or severance tax. tled ‘‘Southeast Arizona Land Exchange and (d) USE OF FUNDS.— Conservation Act of 2011–Federal Reversionary be considered read, shall be debatable (1) SEPARATE FUND.—All funds paid to the Interest–Superior Airport’’ and dated March for the time specified in the report United States under this section shall be depos- 2011. equally divided and controlled by the ited in a special fund established in the Treas- (3) The approximately 250 acres of land lo- proponent and an opponent, shall not ury and shall be available, in such amounts as cated in Pinal County, Arizona, as depicted on be subject to amendment, and shall not are provided in advance in appropriation Acts, the map entitled ‘‘Southeast Arizona Land Ex- to the Secretary and the Secretary of the Inte- be subject to a demand for division of change and Conservation Act of 2011–Federal the question. rior only for the purposes authorized by para- Parcel–Superior Airport Contiguous Parcels’’ ´ graph (2). and dated March 2011. AMENDMENT NO. 1 OFFERED BY MR. LUJAN (2) AUTHORIZED USE.—Amounts in the special (b) PAYMENT.—The Town shall pay to the The Acting CHAIR. It is now in order fund established pursuant to paragraph (1) Secretary the market value for each parcel of to consider amendment No. 1 printed in shall be used for maintenance, repair, and reha- land or interest in land acquired under this sec- part B of House Report 112–258. bilitation projects for Forest Service and Bureau tion, as determined by appraisals conducted in Mr. LUJA´ N. Mr. Chairman, I have an of Land Management assets. accordance with section 4(d). amendment at the desk. SEC. 7. WITHDRAWAL. (c) SISK ACT.—Any payment received by the The Acting CHAIR. The Clerk will Subject to valid existing rights, Apache Leap Secretary from the Town under this section and any land acquired by the United States shall be deposited in the fund established under designate the amendment. under this Act are withdrawn from all forms Public Law 90–171 (commonly known as the The text of the amendment is as fol- of— ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be made lows: (1) entry, appropriation, or disposal under the available, in such amounts as are provided in Page 14, after line 12, insert the following public land laws; advance in appropriation Acts, to the Secretary new subsection: (2) location, entry, and patent under the min- for the acquisition of land for addition to the (k) EXCLUSION OF NATIVE AMERICAN SACRED ing laws; and National Forest System. AND CULTURAL SITES.—The Federal land to

VerDate Mar 15 2010 02:03 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.023 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7103 be conveyed under this section may not in- posed area to be exchanged, but I don’t The real effect of this amendment clude any Native American sacred or cul- believe that to be true. If it were true, would be to allow the Department Sec- tural site, whether surface or subsurface, and then why is every major tribal organi- retary to veto and block the project on the Secretary shall modify the map referred zation in the country opposing this the subjective grounds that a pre- to in section 3(2) to exclude all such sacred and cultural sites, as identified by the Sec- bill? viously identified cultural site exists retary in consultation with Resolution Cop- It’s because they do not believe these on these lands. As stated previously, per and affected Indian tribes. so-called protections to be real. Oppos- this is a geographic triangle that’s his- The Acting CHAIR. Pursuant to ing organizations include, but are not torically home to numerous mines. House Resolution 444, the gentleman limited to, the National Congress of I might add too, Mr. Chairman, the from New Mexico (Mr. LUJA´ N) and a American Indians, the United South Forest Service completed an environ- Member opposed each will control 5 and Eastern Tribes, the All Indian mental assessment in 2008, 3 years ago, minutes. Pueblo Council of New Mexico, the San in which, and I quote, ‘‘several at- The Chair recognizes the gentleman Carlos Apache Tribe, the Jicarilla and tempts were made to identify sacred from New Mexico. Mescalero Apache Tribes of New Mex- sites and effects on ceremonial use of Mr. LUJA´ N. I yield myself such time ico, and many other tribes across the sacred sites.’’ The official conclusion as I may consume. country. was a Finding of No Significant Im- Mr. Chairman, my amendment is sig- Mr. Chairman, all of these organiza- pact, and that finding was sustained on nificant, but simple. My amendment tions and tribal leaders know that the appeal. does not kill this project. As offered, it degradation of these cultural sites Furthermore, the terms ‘‘Native simply asks the Congress to respect the means a loss of identity and culture, American,’’ ‘‘sacred,’’ and ‘‘cultural’’ religious and sacred sites of our tribal not to mention utter disrespect for the in the amendment offered by my friend brothers and sisters. religion and history of the tribes con- from New Mexico are undefined, and This bill does little, if anything, to nected to this area. thus it cannot be predicted what effect offer protection to the sacred sites in Just to be clear: Supporting my this amendment would have. It opens the area and does not offer true tribal amendment will not kill the project. It the door to time-consuming litigation consultation to the tribes. We all know would simply mean respecting and pre- and subjective or political decisions. that consultation occurs before, not serving the religious, cultural, and ar- In the land exchange within the bill, after, decisions have already been cheological and historic significance of environmentally sensitive and cul- made. the lands that mean so much to the turally important lands are given pro- The tribes in this area believe Reso- tribes in the region. tection. Thousands of more acres, as I lution Copper’s block cave mining I urge my colleagues to support my alluded to earlier on, are added for the method will have negative impacts on amendment, and I reserve the balance protection than are made available for their sacred, cultural, and traditional of my time. the development of this mine; the ratio sites in the area. Mr. HASTINGS of Washington. I is roughly 2–1. The bill specifically and claim time in opposition. permanently, for example, protects 1430 b The Acting CHAIR. The gentleman is Apache Leap. Again, this amendment will not kill recognized for 5 minutes. Because this bill ensures and requires this project. It would show respect and Mr. HASTINGS of Washington. Mr. tribal consultation before development offer protections to both surface and Chairman, when I became chairman of of the mine and because the real effect subsurface sites in the proposed land the Committee on Natural Resources of the amendment would be for polit- conveyance. this last January, I established a new ical mischief, I urge my colleagues to More specifically, my amendment subcommittee on Indian and Alaska vote ‘‘no’’ on the Luja´ n amendment. states that ‘‘The Federal land to be Native Affairs. The purpose was to en- HARRISON TALGO, Sr., conveyed may not include any Native sure a special forum for the issues and Bylas, AZ, October 21, 2011. American sacred or cultural site, concerns important to Indian tribes Hon. ERIC CANTOR, whether surface or subsurface.’’ This and native people. I respect the views House of Representatives, amendment would merely offer a basic and special concerns of Indian tribes, Washington, DC. level of respect for many religious and and it’s important that they have a DEAR MAJORITY LEADER CANTOR: I am the cultural sites to the many tribes in the role and are consulted in decisions that former Chairman of the San Carlos Apache Nation and served in the Tribal Council for region. affect the people on their reservation 16 years. Many times I have come before As our good friend, Congressman KIL- lands. Congress as an official representative of my DEE, reminds us daily, we have a trust This bill before the House today ex- government to present issues affecting and responsibility to our tribal brothers plicitly includes a section requiring in the best interest of the San Carlos Apache and sisters, and those who oppose this government-to-government consulta- Tribal Government. But today I write to you responsibility will dismantle it piece tion. Section 4c, Mr. Chairman, of the as a concerned private citizen of Bylas, Ari- by piece with a scalpel and not all at bill is titled, and I quote, ‘‘Consulta- zona which is located within the San Carlos once with an axe. This is what we’re tion with Indian tribes.’’ Consultation Apache Tribal Reservation and want to ex- seeing today, Mr. Chairman. must occur before the mine operations press my support of H.R. 1904, The Southeast Arizona Land Exchange and Conservation In its current form, H.R. 1904 would ever begin. Act of 2011. approve a Federal land exchange to To repeat, the mine cannot happen The current Tribal leadership does not transfer ownership of 2,400 acres of land without consultation with interested share my position. I have tried very hard to in the Tonto National Forest to Reso- tribes. To be clear, the mine is a site understand why they oppose this project lution Copper for the purposes of block that is not located on reservation land. when we are in such desperate need of jobs cave copper mine. The closest Native American reserva- and industry. I believe that traditional The Federal lands which are proposed tion is the San Carlos Apache, located Apache values are not mutually exclusive to be exchanged, generally known as more than 20 miles east of the mine with economic development. We are one of the poorest Indian tribes in Oak Flat, are part of the ancestral site. the nation. Seven in 10 eligible workers in lands of the San Carlos Apache tribe And it should be noted too that the Tribe are unemployed. Almost 80 percent and other tribes in the region. These where this mine is proposed to be de- of our people live in poverty. Alcoholism and lands have unique religious, tradi- veloped is right in the heart of what we drug use are rampant and suicide rates are tional, and archaeological significance call Arizona’s historic copper triangle high. The average Apache male has a life ex- to many tribes in southern Arizona. right here. These orange dots here are pectancy of 54 years, about 20 years shorter Behind me is a photo of one of those where copper is mined or quarried right than the average American male. areas that’s most sacred, Apache Leap. now. This is the proposed site of the The proposed Resolution Copper Mine would bring hundreds of new, high-paying You’ve heard from my colleagues on mine. And the San Carlos Apache res- jobs to our region. It represents progress and the other side of the aisle that their ervation is up here. As you can see, hope and prosperity. bill offers protection for sacred, tradi- there’s activity between here and the I have previously testified before Congress tional, and cultural sites in the pro- San Carlos reservation. in support of economic development

VerDate Mar 15 2010 04:05 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.013 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7104 CONGRESSIONAL RECORD — HOUSE October 26, 2011 projects. I have done so in the face of opposi- Mr. PEARCE. Thank you, Mr. Chair- tribes in the region, who have inhabited this tion from other leaders who have opposed man. land for thousands of years. This bill waives these same opportunities on and near the If the gentleman from New Mexico compliance with federal statutes that require reservation. Some of those projects experi- would answer a question, it’s my un- enced costly delays as a result of the Coun- timely consultation with affected tribes, who cil’s opposition, but they all were built even- derstanding that we have rock climbers now face the prospect of witnessing their an- tually. And to our benefit, they have all who are always out there, hikers up in cestral lands of unique archaeological and reli- hired Apaches. I am confident the Resolution there. That would be the equivalent of gious significance fall victim to destructive project will be no different. In fact, some allowing people to rappel down the side mining practices. members of the San Carlos Apache Nation of the Washington Monument, but I’ve These techniques involve utilizing controlled are already employed by the company and never heard an objection from anyone cave-in deep underground, which can cause its contractors. I respect the Council’s desire to protect to exclude those kinds of activities. massive depressions at the surface and for- sites that have cultural or historical signifi- And so it comes across just a little bit ever scar the landscape. Archaeological sites cance. I want that, too. But Oak Flat is a strange that we would talk about lim- and religious lands would be forever ruined long way from us, and I believe strongly that iting one activity, while people are and unrecognizable. it is possible for our traditional values to co- crawling and rappelling down these Other surveys have identified Civilian Con- exist with economic progress. In fact, I don’t sites already. servation Corps sites and structures eligible believe one can survive without the other. Mr. HASTINGS of Washington. Mr. for inclusion in the National Register for His- Economic progress and prosperity leads to a Chairman, I understand the other side better standard of living, better health, bet- toric Places which could also be destroyed by ter services and better education. It in- has yielded back their time. the proposed mining project. creases our capacity to learn and expands How much time do I have left? Mr. Chair, H.R. 1904 has been called a our cultural horizons. It gives us additional The Acting CHAIR. The gentleman ‘‘special-interest’’ bill whereby a private com- resources to explore and study our past, to has 1 minute remaining. pany, Resolution Copper, which is actually a Mr. HASTINGS of Washington. I am protect what we hold sacred, to showcase joint subsidiary of two foreign-owned mining more than happy to yield that 1 minute and display those things that are culturally companies. Resolution Copper would receive important, and to help the outside world bet- to the gentleman from Arizona (Mr. federal land worth billions of dollars without ter understand and appreciate the stories GOSAR). having to pay royalties on any mineral wealth and traditions of our fathers. Mr. GOSAR. Mr. Chairman, I find it For all these reasons, I respectfully urge it extracts. very interesting that my opponent, or your support and passage of the H.R. 1904. Furthermore, there are no guarantees that our opponent on the other side, actu- Sincerely, the company would even hire locally, process ally focuses a picture of Apache Leap, HARRISON TALGO, Sr., the ore in the United States, or purchase which is specifically excluded from this Former Chairman, San Carlos Apache Nation. equipment made in America. legislation. Therefore, when we talk I reserve the balance of my time. H.R. 1904 excludes the one special interest ´ about, in regards to protecting the Mr. LUJAN. I yield myself such time with an undeniable right in this debate—the sites, we have done so. As far as the as I may consume. Native American tribes—from a decision that Mr. Chairman, look, just to be clear consultation is concerned, we have affects their community at the absolute deep- with this amendment, it does not kill done consultations. est level. the project. The amendment simply Mr. LUJA´ N. Will the gentleman I strongly support the Luja´n Amendment and states that the Secretary will exclude yield? oppose the underlying bill. I urge my col- sacred and cultural sites as identified Mr. GOSAR. No, I will not yield. ´ leagues to do the same. by the Secretary. If we’re serious about Mr. LUJAN. Mr. Chairman, we know protecting sacred sites and respecting that that’s not in here. b 1440 Mr. GOSAR. That is Apache Leap. tribes across the country, I don’t know The Acting CHAIR. The question is why this is so complicated. The Acting CHAIR. The time is con- trolled by the gentleman from Arizona, on the amendment offered by the gen- And the only area in the legislation, tleman from New Mexico (Mr. LUJA´ N). as we look at section 8 of the bill, talks and the Chair would ask all Members to respect that. The question was taken; and the Act- about preserving and consulting with ing Chair announced that the noes ap- tribes about Apache Leap. But again, Mr. GOSAR. The point of reference is that we cite all the Native tribes. They peared to have it. it’s too little, too late. It’s consulting Mr. LUJA´ N. Mr. Chairman, I demand after the fact, not before the legisla- are far from being in unison. In fact, during our conversation within the Re- a recorded vote. tion is taken into effect. The Acting CHAIR. Pursuant to And so, Mr. Chairman, it’s as if we sources Committee, former tribal clause 6 of rule XVIII, further pro- were going to go into a site, say, the chairman and 16-year tribal Council- ceedings on the amendment offered by cathedral in Santa Fe or the Vatican in man Harrison Talgo testified that the the gentleman from New Mexico will Rome, and they were going to go and traditional Apache values are not mu- be postponed. do something to that land, and they tually exclusive with economic devel- said, well, don’t worry, we have some opment. AMENDMENT NO. 2 OFFERED BY MR. MARKEY other land that we’re going to give Given that the San Carlos Apache is The Acting CHAIR. It is now in order you. one of the most impoverished tribes in to consider amendment No. 2 printed in It’s about the religious and sacred the Nation, with unemployment rates part B of House Report 112–258. nature of these sites that we’re talking around 70 percent and poverty affecting Mr. MARKEY. Mr. Chairman, I have about. At the very least, and of its very every facet of tribal members’ life, I an amendment at the desk made in essence, let’s look to see what we can couldn’t agree more with Mr. Talgo. order under the rule. do to preserve the government-to-gov- Mr. Talgo also points out that Oak The Acting CHAIR. The Clerk will ernment trust responsibilities that we Flat, the campground in question, is a designate the amendment. have with our tribes and respect those long way from the reservation. He also The text of the amendment is as fol- religious sites, respect those sacred pointed out the majority of tribal lows: sites, and see what we can do to work members he speaks about in this Page 19, beginning line 8, strike section 6 collectively. project support this project. (value adjustment payment to United Again, this isn’t going to kill the Ms. RICHARDSON. Mr. Chair, as a member States) and insert the following new section: project. Let’s work together to make of the Native American Caucus, I rise today in SEC. 6. ROYALTY PAYMENT TO UNITED STATES sure that we respect the tribes that strong support of the amendment to H.R. FOR MINERALS PRODUCED FROM we’re so honored to represent here in 1904, the Southeast Arizona Land Exchange CONVEYED FEDERAL LAND. the Congress. and Conservation Act of 2011, offered by Con- (a) ROYALTY PAYMENT REQUIRED.—As a With that, Mr. Chairman, I yield ´ condition of the land exchange under this gressman LUJAN of Arizona. Act, Resolution Copper shall pay to the back the balance of my time. The Luja´n Amendment exempts Native United States, by not later than March 15 of Mr. HASTINGS of Washington. Mr. American sacred and cultural sites from inclu- each calendar year, a royalty payment in an Chairman, I am pleased to yield 45 sec- sion in the land transfer proposed by this bill. amount equal to 8 percent of the value of the onds to the gentleman from New Mex- As it stands, H.R. 1904 is fundamentally un- quantity of locatable minerals produced dur- ico (Mr. PEARCE). fair to the San Carlos Apache Tribe and other ing the preceding calendar year from the

VerDate Mar 15 2010 04:05 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.014 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7105 Federal land conveyed to Resolution Copper amendment, this bill is simple. It pockets of Rio Tinto, into the pockets under section 4, as reported under subsection would require no guesswork on the part of a foreign corporation. That’s not (b). of the taxpayers. It would allow for no right. (b) ANNUAL PRODUCTION REPORTING TO DE- manipulation that could shortchange Vote for the Markey amendment. TERMINE ROYALTY PAYMENT.— Capture this money for the American (1) REPORT REQUIRED.—Resolution Copper the American taxpayer. shall submit to the Secretary of the Interior My amendment strikes the con- taxpayer. an annual report indicating the quantity of voluted payment scheme in this bill I yield back the balance of my time. locatable minerals produced in commercial and replaces it with a simple 8 percent Mr. HASTINGS of Washington. Mr. quantities from the Federal land conveyed to royalty on the copper produced each Chairman, I rise in opposition to the Resolution Copper under section 4. year from this mine. This is the Amer- amendment. (2) SUBMISSION DEADLINE.—The first report ican people’s copper. It’s not their cop- The Acting CHAIR. The gentleman is under paragraph (1) shall be submitted not per. It’s the American people’s. What recognized for 5 minutes. later than February 15 of the first calendar are they going to get out of this? How Mr. HASTINGS of Washington. I year beginning after the date of commence- yield myself such time as I may con- ment of production of valuable locatable about 8 percent? Can we give the tax- minerals in commercial quantities from the payer 8 percent? sume. Federal land conveyed to Resolution Copper Now, we don’t know how much cop- Mr. Chairman, in deference to my under section 4 and cover the preceding cal- per exactly is down there. The benefit good friend from Massachusetts, there endar year. Subsequent reports shall be sub- of my amendment is we don’t need to is only one bill before us, and that’s a mitted each February 15 thereafter and cover know ahead of time. If Rio Tinto bill without the Markey amendment, the preceding calendar year. makes $1, then they owe the taxpayer a and I hope it stays that way. (3) SHARING REPORTS WITH STATE.—The Sec- nickel and three pennies, and if they This amendment requires a company retary shall make each report received under to pay for the minerals twice. The paragraph (1) available to the State. make $8 billion, the Treasury gets $640 value of the copper is already included (4) REPORT CONTENTS.—The reports under million. paragraph (1) shall comply with any record- Now, the company will argue a roy- in the appraised value of the land keeping and reporting requirements pre- alty is unfair. Well, guess who is al- under current law of the United States. scribed by the Secretary or required by ap- ready paying royalties, Mr. Chairman. That’s the law. Section 4(e) of the bill plicable Federal laws in effect at the time of Oil and gas companies pay 12.5 percent requires the developer to pay full mar- production. when they drill on the taxpayers’ land. ket value for the Federal land and min- (c) DEPOSIT OF FUNDS.—All funds paid to 12.5 percent, that’s what ExxonMobil erals within. Under the requirements of the United States under this section shall be this bill, the United States is fully deposited in the general fund of the Treas- pays. That’s what Shell pays. But do ury. you know who else pays the royalty? compensated for the copper up front. (d) STATE LAW UNAFFECTED.—Nothing in Rio Tinto and BHP Billiton when they But, if, in fact, this vein is larger than this section modifies, expands, diminishes, mine on State land. So, if you’re in what is anticipated, there is a further amends, or otherwise affects any State law Colorado, you’re in Wyoming and provision that says that should it ex- relating to the imposition, application, tim- you’re on State land, you’re paying a ceed that appraised value, the devel- ing, or collection of a State excise or sever- royalty. But, no, let’s go to the Amer- oper, i.e., the copper mining company, ance tax. ican taxpayers’ land. Those same com- is required to compensate the United The Acting CHAIR. Pursuant to panies that pay to the States don’t pay States through annual assessments. As House Resolution 444, the gentleman to Uncle Sam. the market moves forward, the Markey from Massachusetts (Mr. MARKEY) and And the revenue from a royalty is amendment adds an 8 percent royalty a Member opposed each will control 5 money we can use. What can we use the to the full, to the top payment. This minutes. money for? Make sure we don’t have to would mean that the company would The Chair recognizes the gentleman cut Medicare payments for Grandma. be paying a huge premium in addition from Massachusetts. Make sure we have student loans for to what current law is of the value Mr. MARKEY. Mr. Chairman, there kids to be able to go to college. That’s they have already paid. are two versions of this land bill: one what the money should be used for. I have to tell you, Mr. Chairman, this with the Markey amendment and one Should it just be pocketed by Rio is unprecedented in any law or any ac- without the Markey amendment. The Tinto, by these companies? tivity regarding mining. difference is the version with the Mar- So I ask my colleagues, which deal do This amendment isn’t about ensuring key amendment is a deal the American you want to go home with and tell your the full payment to the United States, taxpayers should take. Without my constituents you were for? The deal because that is required in the bill amendment, this is a deal that takes where they got some nice lands in Ari- under current law. What this amend- the taxpayers. zona while a foreign mining company ment really does is send a signal to Without the Markey amendment, got billions in copper, or the deal companies that want to invest in Fed- this land deal is a shell game, all about where they got the land plus hundreds eral lands, to utilize the resources we misdirection and surprise outcomes. of millions of dollars in royalty pay- have, that they are not welcome in the We are urged to keep our eye on the ments for the U.S. taxpayer? United States. They are not welcome, beautiful surface acres the Federal With the Markey amendment, we in and they should go overseas where they Government would get in this deal and Congress are responsible stewards are welcome, taking American jobs the unique payment scheme included in doing our due diligence to protect the with them and making us less economi- the bill. This is like the guy on the Federal Treasury to get the taxpayer cally viable as a country and also cost- street who tells you to watch his right what they’re owed. Without the Mar- ing us jobs. hand while his left hand is picking key amendment, this House looks like With that, I would yield 1 minute to your pocket. the old Keystone Kops, bumbling the gentleman from Arizona (Mr. This is not about the surface. This is around in circles while billions walk FLAKE). about the copper and whether Rio right out the door that should be in the Mr. FLAKE. I thank the gentleman Tinto will have to pay its fair value. pockets of every taxpayer in this coun- for yielding. And the fact is the payment scheme in try. I would just point out, if we want to this bill is completely—let me say it We have a supercommittee debating address the royalty issue on this and again—the payment scheme in this bill how much they’re going to cut poor other mining ventures, let’s address is completely speculative. It will be people, students, national defense, the Mining Act of 1872. There were at- based on information only the com- what we’re going to spend on the pro- tempts to do this in the nineties, at- pany has access to and is subject to se- tection of our country, and how many tempts to increase royalties or impose rious manipulation. policemen we can afford to have. Mean- a 5 percent royalty, and many on the In the end, Rio Tinto could end up while, out here on the House floor, other side of the aisle opposed that paying absolutely nothing for the mas- we’re going to turn a blind eye to bil- measure. And so there have been a few sive windfall they stand to receive lions of dollars just going right out the attempts. I would encourage, let’s go from this legislation. With the Markey floor of the House here today into the back to it. But this is not the place to

VerDate Mar 15 2010 02:03 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.015 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE H7106 CONGRESSIONAL RECORD — HOUSE October 26, 2011 do it. We can’t do it here on this one The Acting CHAIR. Pursuant to mines, Rio Tinto in particular, use a bill. clause 6 of rule XVIII, further pro- range of automation technology, and And make no mistake about it; this ceedings on the amendment offered by most of the human labor is done off- is an attempt to kill this legislation, the gentleman from Massachusetts will site at the Remote Operations Center. nothing else. It’s not an attempt to be postponed. Rio Tinto is presently operating its garner the taxpayer more revenue. AMENDMENT NO. 3 OFFERED BY MR. GRIJALVA Pilbara, Australia, mine from 800 miles This is an attempt to kill the bill. The Acting CHAIR. It is now in order away in Perth, which is a metro area. I would encourage rejection of the to consider amendment No. 3 printed in Our amendment will ensure that this amendment and adoption of the bill. part B of House Report 112–258. Remote Operations Center is in and op- Mr. HASTINGS of Washington. How Mr. GRIJALVA. I have an amend- erates from Superior, Arizona. much time do I have remaining, Mr. ment at the desk made in order under If this legislation is truly about jobs Chairman? the rule. and lifting up the local economy, it is The Acting CHAIR. The gentleman The Acting CHAIR. The Clerk will important to guarantee that local resi- has 2 minutes. designate the amendment. dents will have access to the jobs that Mr. HASTINGS of Washington. I am The text of the amendment is as fol- are created by this mine. Section 2 of pleased to yield 1 minute to the gen- lows: our amendment makes sure that Arizo- nans are considered first for employ- tleman from New Mexico (Mr. PEARCE). Page 21, after line 8, insert the following: Mr. PEARCE. Mr. Chairman, it is in- (e) ADDITIONAL CONDITIONS RELATED TO ment. teresting to listen to the arguments. MINING OPERATIONS ON CONVEYED FEDERAL Without active recruitment and a To listen to the arguments that were LAND.—As additional conditions of the land hiring preference for area residents, given just now on why we should sup- exchange under this Act, Resolution Copper how do we know that the residents of port the Markey amendment, you shall agree to the following: the region and Arizona will benefit would believe that Republicans have (1) To locate and maintain the remote op- from the project? Our amendment eration center for mining operations on the makes sure that that happens. If this set up this massive scheme for avoiding conveyed Federal land in the town of Supe- payment for royalties. bill is really about jobs and our na- rior, Arizona, for the duration of such oper- tional interests, then we should guar- Now, this law has been in place on ations. the books for a very long time. But ad- (2) To actively recruit and provide an em- antee that the ore produced from this ditionally, I remember that the Demo- ployment preference for qualified applicants mine has a direct impact on the U.S. crats were in control, for 2 years, of the who reside in the State as of date of the con- economy. Section 3 of the amendment will House, the Senate, and the White summation of the land exchange for employ- make sure that all raw material ex- House, and they elected not to pass ment positions related to mining operations on the conveyed Federal land. tracted from the mine is processed in this royalty bill because they knew it (3) To ensure that all locatable minerals the United States, not in China or in would damage the economy. produced in commercial quantities from the any other foreign country. Like the gentleman from Arizona conveyed Federal land remain in the United Finally, section 4 of this amendment, just said, this is a single attempt to States for processing and use. by ensuring that all equipment used in kill this one bill. Twenty-five percent (4) To ensure that all equipment used to mine or support mining activities on the the mine is made in the USA, puts of the Nation’s copper needs could be American manufacturers before foreign met for the next 50 years, and they’re conveyed Federal Land is made in the United States. competitors. If the promise of job cre- trying to kill the bill. That’s what de- ation is to have even a shred of credi- fies explanation. The Acting CHAIR. Pursuant to House Resolution 444, the gentleman bility, the Grijalva-Garamendi amend- 1450 ment must be adopted to ensure that b from Arizona (Mr. GRIJALVA) and a the promises we have heard and the Mr. HASTINGS of Washington. Mr. Member opposed each will control 5 guarantees that have been talked Chairman, I yield myself the balance of minutes. about this afternoon are, in fact, re- my time. The Chair recognizes the gentleman ality. This amendment would make it a I just want to point out the unprece- from Arizona. requirement. dented nature of this amendment. Let’s Mr. GRIJALVA. Mr. Chairman, just With that, I reserve the balance of think about it. for clarification of the record, the re- my time. The gentleman from Arizona (Mr. form of the Mining Act of 1872 was Mr. HASTINGS of Washington. Mr. FLAKE) properly pointed out that we passed by this House when the Demo- Chairman, I claim time in opposition. operate under the 1872 act, and there is crats were in the majority, including The Acting CHAIR. The gentleman is some discussion about that; but to sin- the 8 percent royalty requirement, and recognized for 5 minutes. gle out one company in one area in one it met almost unanimous opposition Mr. HASTINGS of Washington. State for this tax sends a terrible, ter- from my Republican colleagues on the Thank you, Mr. Chairman. rible signal to our economic system. If other side of the aisle. The fundamental purpose of H.R. 1904 this were to be passed, then what is sa- We have been told that the creation is to make copper in the United States cred about this industry compared to of jobs is the principal motivation and and to create thousands of American any other industry that somebody justification for H.R. 1904, but when we jobs. doesn’t like? We will sponsor an examine these jobs claims, they start This amendment is purposefully writ- amendment to tax one individual com- to fall apart. We’ve heard varying fig- ten to make this mine impossible by pany. Boy, that is going to instill con- ures from 450 initially to 3,700 and mandating conditions that can’t be fidence, I can really see, in our eco- sometimes even 6,000. The numbers achieved. As a result of that, if this nomic system if an amendment like aren’t supported by the facts. were to pass, the 500 people currently this is adopted. It is a bad amendment, The amendment before the House employed on the project would lose and it will have a detrimental effect on right now that is offered by myself and their jobs, and the 3,700 total jobs that this project. the gentleman from California (Mr. would be created would never mate- I urge the defeat of the Markey GARAMENDI) is the only way to ensure rialize. amendment, and I yield back the bal- that at least some jobs will be created The lead sponsor of this amendment ance of my time. in Arizona as a result of this bill. Our has fought this proposed mine for The Acting CHAIR. The question is amendment adds conditions to the land years. Listen, I respect his position, on the amendment offered by the gen- exchange to guarantee job creation in but this amendment isn’t written to tleman from Massachusetts (Mr. MAR- the community of Superior, Arizona, improve the bill; it’s intended to kill KEY). and the surrounding area and to the mine. It is simply an amendment in The question was taken; and the Act- strengthen the overall benefits to the wolf’s clothing. This amendment dic- ing Chair announced that the noes ap- U.S. economy. tates specific mandates on business op- peared to have it. Section 1 of this amendment guaran- erations, Mr. Chairman, that are unre- Mr. MARKEY. Mr. Chairman, I de- tees that the Remote Operations Cen- alistic, unprecedented, and unwork- mand a recorded vote. ter is located in Superior. Modern able. Let me give you an example.

VerDate Mar 15 2010 02:03 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\CR\FM\K26OC7.063 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7107 It mandates the precise town in With that, I reserve the balance of I would just remind him he offered a which the mine operations center must my time. similar amendment in committee; we be located. The Federal Government b 1500 brought up precisely the same argu- should not be dictating where and only ments, precisely the same arguments. where a company is allowed to conduct Mr. GRIJALVA. I yield the balance And here we are, we trot out an amend- its private business. If you take this to of my time to the cosponsor of the ment on the floor of the House, and it’s the logical extreme, what’s next? Will amendment, the gentleman from Cali- precisely the same amendment. I have House Democrats push a new law to re- fornia (Mr. GARAMENDI). a hard time thinking that somebody quire Apple to move from Cupertino The Acting CHAIR. The gentleman wants to work with us when they trot to—where?—Detroit? How ironic that from California is recognized for 2 min- out the same amendment with the when a company that is investing hun- utes. same arguments that got defeated dreds of millions of its private dollars Mr. GARAMENDI. Our worthy chair- twice. in Arizona to create thousands of man has put up a dozen canards, none I just want to mention this, Mr. American jobs that Democrats in the of which really address the underlying Chairman. It’s a worthy goal to buy District of Columbia want to dictate issue here. This amendment is a very American and promote buy American, where to operate its business. simple one that would locate in Ari- but not when that sentiment is used to On the other hand, there may be zona the headquarters for this mine. Is block a project to create American jobs some consistency, because when Presi- there something wrong with that? We and that results in America being less dent Obama and House Democrats are not moving this off to Finland. dependent on foreign minerals that handed out over half a billion stimulus Come on. gets our economy going. dollars to the Fisker car company, This amendment would also provide With that, Mr. Chairman, I urge de- they allowed that to be built in Fin- that the copper—and it’s been stated feat of this amendment, and I yield land, which, Mr. Chairman, I might by the proponents of the bill that 25 back the balance of my time. add, is not even a State. percent of the copper needs in the The Acting CHAIR. The question is The amendment also requires that all United States would come from this on the amendment offered by the gen- copper produced from this mine be used mine, so why not use this copper in the tleman from Arizona (Mr. GRIJALVA). in the United States. Copper is a basic United States? It seems to me to be The question was taken; and the Act- component used to construct and build perfectly reasonable, despite all the ca- ing Chair announced that the noes ap- items. It’s ridiculous to mandate that nards that we just tossed around here a peared to have it. if 1 ounce of copper goes into an item few moments ago. Mr. GRIJALVA. Mr. Chairman, I de- it violates this law, this amendment, The other part of this has to do with mand a recorded vote. to be used outside the United States. the equipment. Is the worthy gen- The Acting CHAIR. Pursuant to I am sensitive to this because I’m tleman from Washington opposed to clause 6 of rule XVIII, further pro- from Washington. If a Boeing plane is using American-made equipment in ceedings on the amendment offered by using copper made from this mine, that American mines? Is that what this is the gentleman from Arizona will be Boeing plane can therefore never fly all about? postponed. out of the United States. If copper pipe Yes, there may be some definitional Mr. HASTINGS of Washington. Mr. is used in the plumbing of a boat that’s problems. I’d be delighted to work with Chairman, I move that the Committee built in America, it can never ship you on the definitional problems, but do now rise. American goods in this global econ- the underlying point is why would we The motion was agreed to. omy. What about copper jewelry, Mr. set up all of this so that we could im- Accordingly, the Committee rose; Chairman, or an American-built car port the equipment from China or and the Speaker pro tempore (Mr. Japan or some other place. Why not that includes copper components, or GOSAR) having assumed the chair, Mr. simply require that this mine, which the multitude of everyday items that LATOURETTE, Acting Chair of the Com- we build in America and sell abroad under the bill itself is an enormous mittee of the Whole House on the state that contain copper? giveaway of American property, of of the Union, reported that that Com- The fact is that this amendment property owned by the American peo- mittee, having had under consideration would make it impossible to use the ple and the enormous unparalleled the bill (H.R. 1904) to facilitate the effi- copper from this mine; but on the other giveaway of our value, why not simply cient extraction of mineral resources hand, that’s probably what the intent require that at least if they’re going to in southeast Arizona by authorizing is. be given all of this, they be required to and directing an exchange of Federal Finally, the amendment mandates buy American-made equipment for the and non-Federal land, and for other that all equipment used to mine or sup- mine operation? purposes, had come to no resolution port mining activities be made in the What’s wrong with that? Why not thereon. United States. The purpose of the bill make it in America? If this mine is in America, why not use American-made is to allow the third largest undevel- f oped copper resource in the world to be equipment and hire Americans and, in developed in America to create Amer- this case, Arizonans? You got a prob- ican jobs and provide up to 25 percent lem with hiring Arizonans? You got a RECESS of America’s copper consumption. It problem with locating in Arizona the The SPEAKER pro tempore. Pursu- defies reason and logic to say that this headquarters of this mine, or would ant to clause 12(a) of rule I, the Chair economic boost to America can’t hap- you prefer London or maybe some- declares the House in recess subject to pen if one piece of equipment used for where in Australia? the call of the Chair, not earlier than the mine isn’t made in the United Come on. These are very simple 3:30 p.m. States. amendments so that Americans can go Accordingly (at 3 o’clock and 5 min- Let me go a little bit further, Mr. to work. These are very simple amend- utes p.m.), the House stood in recess Chairman. The word ‘‘equipment’’ is ments so that this company will buy subject to the call of the Chair. never defined. Does it include everyday American-made equipment to mine our office items that will support mine ac- copper which, under your proposal, is f tivities, such as paper or pencils? What given away. about cell phones for workers? iPhones Mr. HASTINGS of Washington. I b 1545 and Blackberries, I might add, are not yield myself the balance of my time. manufactured in America. The Acting CHAIR. The gentleman is So I urge my colleagues, therefore, to recognized for 1 minute. AFTER RECESS vote against this amendment, which Mr. HASTINGS of Washington. I just The recess having expired, the House stands in the way of American copper want to respond to my good friend was called to order by the Speaker pro production and American copper cre- from California about working with us tempore (Mr. WESTMORELAND) at 3 ation. if there is a flaw in this amendment. o’clock and 45 minutes p.m.

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