Supplemental Environmental Impact Statement and RAY LAND EXCHANGE Supplemental Environmental Impact Statement and Amended Resource Management Plan November 2017

Ray Land Exchange BRIEF LEGAL HISTORY ASARCO filed an Application to exchange lands with BLM in 1993 at the urging of the Secretary of the Interior. BLM issued a Record of Decision (ROD) approving the Ray Land Exchange in May 2000. Environmental groups (collectively, the Center for Biological Diversity) challenged the sufficiency of BLM’s EIS and appealed the ROD. BLM Arizona State Director denied the appeal in May 2001. IBLA denied the CBD’s appeal in August 2004. CBD filed suit in Federal District Court, which affirmed the IBLA’s decision in June 2007. CBD appealed to the Ninth Circuit Court of Appeals and a judgment in favor of CBD was entered in 2010, for 1 narrow issue.

LEGAL HISTORY (cont’d) Ray Land Exchange LEGAL HISTORY (cont’d) BLM failed to compare the environmental consequences of ASARCO’s potential future mining operations on Selected Lands “with” and “without” BLM oversight under BLM’s surface management regulations. FEIS Remanded to the BLM - FEIS, ROD and Resource Management Plans were not set aside. BLM determined that it would prepare a Supplemental EIS (SEIS) to address the deficiency identified by the court. “With and without” analysis; and Analysis of any significant changes in environmental setting or regulation since the ROD was issued. BLM began preparation of a draft SEIS in 2011 and completed it in 2015. NOA package was submitted to Washington D.C. offices of Secretary of Interior (SOI) in May 2015 for approval for publication in the federal register. Allows for the release of the draft SEIS and public comment period to begin. After 29 months, the NOA package cleared SOI on October 19, 2017.

PROPERTY INCLUDED IN THE LAND EXCHANGE Ray Land Exchange PROPERTY INCLUDED IN THE LAND EXCHANGE ASARCO wants to obtain “Selected Lands” (10,976 acres) within the Copper Corridor near Hayden, Winkelman, and Kearny, AZ. BLM wants to acquire the “Offered Lands” (7,304 acres). Selected Lands: Pinal and Gila Counties 28 parcels of surface and/or mineral estate near Ray and Hayden Operations 3 parcels of mineral estate near Casa Grande Offered Lands: Mohave and Pinal Counties 18 parcels of land that are within or adjacent to Wilderness Areas, Areas of Critical Environmental Concern, and/or contain riparian areas and habitat for endangered and other special status species

Ray Land Exchange PROPOSED LAND EXCHANGE LOCATIONS

Ray Land Exchange Moving Forward Publication of the NOA is scheduled for November 17, 2017, which will be the beginning of a 90 day comment period. Once the public comment period has ended, BLM will review and respond to the comments, make the appropriate revisions to the SEIS and prepare a Final SEIS and a Supplemental ROD. BLM has preliminarily established an aggressive timeline for issuance of the Final SEIS and a Supplemental ROD of 3rd to 4th quarter of 2018. ASARCO would appreciate your support of the exchange and requests that you consider submitting a letter to support for the record during the comment period.

QUESTIONS Ray Land Exchange Robin Barnes Asarco Corporate Land Manager Cell: 520-247-7328 Rbarnes@asarco.com