[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2618 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2618
To authorize and direct the exchange and conveyance of certain National
Forest land and other land in southeast Arizona.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2005
Mr. Renzi (for himself, Mr. Pastor, Mr. Kolbe, Mr. Hayworth, Mr.
Shadegg, Mr. Flake, and Mr. Franks of Arizona) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To authorize and direct the exchange and conveyance of certain National
Forest land and other land in southeast Arizona.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southeast Arizona Land Exchange and
Conservation Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to further the public interest by
authorizing, directing, facilitating, and expediting the conveyance and
exchange of land between the United States and Resolution Copper.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apache leap.--The term ``Apache Leap'' means the
approximately 562 acres of land referred to as the ``Apache
Leap Conservation Easement Area'' on the map entitled
``Southeast Arizona Land Exchange and Conservation Act of 2005-
Federal Parcel-Oak Flat'', dated January 2005.
(2) Federal land.--The term ``Federal land'' means the
approximately 3,025 acres of land located in Pinal County,
Arizona, depicted on the map entitled ``Southeast Arizona Land
Exchange and Conservation Act of 2005-Federal Parcel-Oak
Flat'', dated January 2005.
(3) Non-federal land.--The term ``non-Federal land'' means
the land described in paragraphs (1) and (2) of section 4(c).
(4) Resolution copper.--The term ``Resolution Copper''
means--
(A) Resolution Copper Mining, LLC, a Delaware
limited liability company; and
(B) any successor, assign, transferee, member, or
joint venturer of Resolution Copper Cooper Mining, LLC.
(5) Town.--The term ``Town'' means the Town of Superior,
Arizona, an Arizona incorporated municipality.
SEC. 4. LAND CONVEYANCES AND EXCHANGES.
(a) In General.--On receipt of an offer from Resolution Copper to
convey title acceptable to the Secretary of Agriculture and the
Secretary of the Interior, as applicable, to the non-Federal land, the
Secretary of Agriculture shall convey to Resolution Copper all right,
title, and interest of the United States in and to the Federal land,
subject to any valid existing right or title reservation, easement, or
other exception required by law or agreed to by the Secretary of
Agriculture and Resolution Copper.
(b) Mandated Land Conveyance.--As a condition of carrying out the
land exchange directed by subsection (a), Resolution Copper shall
convey to the United States--
(1) each parcel of land described in subparagraphs (A)
through (D) of subsection (c)(1); and
(2) each parcel of land described in subparagraphs (A) and
(B) of subsection (c)(2).
(c) Resolution Copper Land Exchange.--Simultaneously with the
receipt of title to the Federal land under subsection (a), Resolution
Copper shall convey to the United States--
(1) title acceptable to the Secretary of Agriculture to--
(A) the approximately 147 acres of land located in
Gila County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2005-Non-Federal Parcel-Turkey Creek'', dated
January 2005;
(B) the approximately 148 acres of land located in
Yavapai County Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2005-Non-Federal Parcel-Tangle Creek'', dated
January 2005;
(C) the approximately 149.3 acres of land located
in Maricopa County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2005-Non-Federal Parcel-Cave
Creek'', dated January 2005; and
(D) the approximately 266 acres of land located in
Pinal County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2005-Non-Federal Parcel-JI Ranch'', dated January
2005; and
(2) title acceptable to the Secretary of the Interior to--
(A) the approximately 3,073 acres of land located
in Pinal County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2005-Non-Federal Parcel-Lower San Pedro River'',
dated January 2005; and
(B) the approximately 1031 acres of land located in
Santa Cruz County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2005-Non-Federal Parcel-Appleton
Ranch'', dated January 2005.
(d) Conveyance of Land to Town.--
(1) In general.--Not later than 60 days before carrying out
the land exchange under subsection (a), on receipt of a request
from the Town, the Secretary of Agriculture shall convey to the
Town, for a price equal to market value, as appraised under
section 5--
(A) the approximately 30 acres of land located in
Pinal County, Arizona, occupied on the date of
enactment of this Act by the Fairview Cemetery and
depicted on the map entitled ``Southeast Arizona Land
Exchange and Conservation Act of 2005-Federal Parcel-
Fairview Cemetery'', dated January 2005;
(B) the reversionary interest of the United States
in the approximately 265 acres of land located in Pinal
County, Arizona, depicted on the map entitled
``Southeast Arizona Land Exchange and Conservation Act
of 2005-Federal Reversionary Interest-Superior
Airport'', dated January 2005; and
(C) on receipt of a request from the Town, any of
the 7 parcels of land totaling approximately 100 acres,
located in Pinal County, Arizona, depicted on the map
entitled ``Southeast Arizona Land Exchange and
Conservation Act of 2005-Federal Parcel-Superior
Airport Contiguous Parcels 1-7'', dated January 2005.
(2) Condition of conveyance.--Any conveyance of land under
paragraph (1) shall be carried out in a manner that provides
the United States manageable boundaries on any parcel retained
by the Secretary of Agriculture, to the maximum extent
practicable.
(e) Timing of Exchange.--It is the intent of Congress that the land
exchange directed by this section be carried out not later than 1 year
after the date of enactment of this Act.
(f) Costs of Conveyances and Exchanges.--Resolution Copper shall be
responsible for hiring all contractors and paying the costs associated
with--
(1) all appraisals of land (including reasonable
reimbursement to the Secretary of Agriculture on request of the
Secretary of Agriculture for the cost of reviewing and
approving an appraisal);
(2) land surveys, including any necessary land surveys by
the Bureau of Land Management Cadastral Survey; and
(3) any other cost agreed to by Resolution Copper and the
Secretary of Agriculture.
SEC. 5. VALUATION OF LAND CONVEYED OR EXCHANGED.
(a) Exchange Valuation.--
(1) In general.--The values of land exchanged or conveyed
under section 4 (including any Federal reversionary interest)
shall be equal, as determined by the Secretary of Agriculture
through an appraisal conducted in accordance with paragraph
(2).
(2) Appraisals.--
(A) In general.--An appraisal under this section
shall be--
(i) performed by an appraiser mutually
agreed to by the Secretary of Agriculture and
Resolution Copper;
(ii) performed in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions
(Department of Justice, 5th Edition,
December 20, 2000);
(II) the Uniform Standards of
Professional Appraisal Practice; and
(III) Forest Service appraisal
instructions; and
(iii) submitted to the Secretary of
Agriculture for review and approval.
(B) Reappraisals and updated appraised values.--
After the final appraised value of a parcel is
determined and approved under subparagraph (A), the
Secretary of Agriculture shall not be required to
reappraise or update the final appraised value--
(i) for a period of 3 years after the
approval by the Secretary of Agriculture of the
final appraised value under subparagraph
(A)(iii); or
(ii) at all, after an exchange agreement is
entered into by Resolution Copper and the
Secretary of Agriculture.
(C) Public review.--Before carrying out a land
exchange under section 4, the Secretary of Agriculture
shall make available for public review a summary of the
appraisals of the land to be exchanged.
(3) Failure to agree.--If the Secretary of Agriculture and
Resolution Copper fail to agree on the value of a parcel to be
exchanged, the final value of the parcel shall be determined in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(4) Federal land.--The value of the Federal land directed
to be conveyed to Resolution Copper under section 4(a) shall be
determined as if the land is unencumbered by any unpatented
mining claims owned by Resolution Copper.
(b) Equalization of Value.--
(1) Surplus of federal land value.--
(A) In general.--If the final appraised value of
the Federal land exceeds the value of the non-Federal
land in an exchange under section 4, Resolution Copper
shall make a cash equalization payment to the Secretary
of Agriculture to equalize the values of the Federal
land and non-Federal land.
(B) Compliance with federal land policy and
management act.--A payment under subparagraph (A) may
be in excess of an amount authorized by section 206(b)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)).
(C) Use of funds.--Any funds received by the
Secretary of Agriculture shall be considered to be
money received and deposited in the fund established
under Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a), and may be used by the
Secretary, without further appropriation, for the
acquisition of land for addition to the National Forest
System in the State of Arizona.
(2) Surplus of non-federal land value.--
(A) In general.--If the final appraised value of
the non-Federal land exceeds the value of the Federal
land in an exchange under section 4, the Secretary of
the Interior, subject to the availability of funds,
shall make a payment to Resolution Copper to equalize
the values of the land.
(B) Waiver.--
(i) In general.--A payment under
subparagraph (A) may be waived in whole or in
part by Resolution Copper.
(ii) Effect.--An amount waived under clause
(i) shall be considered to be a donation by
Resolution Copper to the United States for all
purposes of law.
(3) Payment for land conveyed to town.--
(A) In general.--The Town shall pay the Secretary
of Agriculture market value for any land acquired by
the Town from the Secretary of Agriculture under
section 4(d).
(B) Credit.--If the Secretary of the Interior owes
a payment to Resolution Copper under paragraph (2)--
(i) the Secretary of the Interior shall
credit against the amount owed to Resolution
Copper the market value of any land conveyed to
the Town under section 4(d); and
(ii) the obligation of the Town to pay the
United States shall be reduced by the amount of
the credit.
(C) Effect.--An amount credited under subparagraph
(B) shall be considered to be a donation by Resolution
Copper to the Town for all purposes of law.
SEC. 6. CONSERVATION EASEMENT.
(a) In General.--Before the Federal land is conveyed under section
4(a), Resolution Copper shall deliver to the Secretary of Agriculture
an executed document granting a permanent conservation easement to an
entity (referred to in this section as the ``grantee'') that is--
(1) a qualified unit of government; or
(2) a land trust or other qualified organization as defined
in section 170(h) of the Internal Revenue Code of 1986.
(b) Easement Area.--The area of the conservation easement under
this section shall be the surface estate of Apache Leap.
(c) Terms.--The conservation easement under this section shall--
(1) prohibit surface development of the easement area by
Resolution Copper, except for fences, signs, monitoring
devices, or other improvements for an administrative, public
health and safety, or other appropriate purposes, as determined
by Resolution Copper and the grantee;
(2) prohibit commercial mineral extraction under the
easement area by any method that could impact the surface of
the easement area; and
(3) provide for appropriate nonmotorized public access to
and use of the easement area, as determined by Resolution
Copper and the grantee.
(d) Additional Public Access Routes.--
(1) In general.--Not later than 3 years after the date of
the conveyance under section 4(a), Resolution Copper and the
grantee, in consultation with the Town and other interested
parties, shall determine whether the area covered by the
conservation easement should be used to establish additional
public access routes (including motorized roads), trails, and
trailheads to Apache Leap.
(2) Funding.--If it is determined by Resolution Copper and
the grantee that it is desirable to provide additional public
access routes in the easement area, Resolution Copper shall pay
the reasonable cost of establishing an additional public access
routes, trails, or trailheads under this subsection, not to
exceed $250,000.
(e) Easement and Appraisal.--
(1) In general.--The requirement for Resolution Copper to
grant the conservation easement shall not be considered in
determining, or result in any diminution in, the market value
of the Federal land for purposes of the appraisals required
under section 5.
(2) Effect.--The market value of the conservation easement
and any amount paid by Resolution Copper under subsection
(d)(2) shall be considered to be a donation by Resolution
Copper to the United States.
(f) Mining Activities.--
(1) In general.--Except as provided in subsection (c) and
other Federal law (including regulations) relating to mining
activities on private land, the conservation easement shall not
impose any additional restrictions on mining activities carried
out by Resolution Copper after the date of the conveyance under
section 4(a).
(2) Liability.--Resolution Copper shall not be liable for
any damage to the easement area caused by future use or failure
of any tunnel or other underground mining works established on
the Federal land on or before the date of the conveyance under
section 4(a).
(g) Role of Secretary.--Unless otherwise agreed by the Secretary of
Agriculture and Resolution Copper, the Secretary of Agriculture shall
not be--
(1) a party to the conservation easement under this
section; or
(2) involved in the drafting, monitoring, or enforcement of
the conservation easement.
SEC. 7. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED LAND.
(a) Land Acquired by the Secretary of Agriculture.--
(1) In general.--Land acquired by the Secretary of
Agriculture under this Act shall--
(A) become part of the National Forest within which
the land is located; and
(B) be administered in accordance with the laws
(including regulations) applicable to the National
Forest System.
(2) Boundaries.--For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et seq.),
the boundaries of a National Forest in which land acquired by
the Secretary of Agriculture is located shall be deemed to be
the boundaries of that forest as in existence on January 1,
1965.
(b) Land Acquired by the Secretary of the Interior.--Land acquired
by the Secretary of the Interior under this Act shall--
(1) become part of the administrative unit or area within
which the land is located; and
(2) be administered in accordance with the laws (including
regulations) applicable to public land.
SEC. 8. PUBLIC USES OF FEDERAL LAND.
(a) Oak Flat Campground.--
(1) Replacement campground.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary of
Agriculture, in consultation with Resolution Copper,
the Town, and other interested parties, shall design
and construct in the Globe Ranger District of the Tonto
National Forest a replacement campground or campgrounds
for the Oak Flat Campground (including an access route
or routes thereto).
(B) Public facilities.--The replacement campground
or campgrounds shall be designed and constructed in a
manner that adequately (as determined in the sole
discretion of the Secretary of Agriculture) replaces,
or improves on, the facilities, functions, and
amenities available to the public at the Oak Flat
Campground.
(2) Costs of replacement.--Resolution Copper shall pay the
cost of designing, constructing, and providing access to the
replacement campground or campgrounds under this subsection,
not to exceed $500,000.
(3) Interim oak flat campground access.--
(A) In general.--The document conveying the Federal
land to Resolution Copper under section 4(a) shall
specify that the Secretary of Agriculture shall
continue to operate and maintain the Oak Flat
Campground until the earlier of--
(i) the date that is 2 years after the date
of enactment of this Act; or
(ii) the date on which the replacement
campground under this subsection is developed
and opened for public use.
(B) Liability.--During the interim period described
in subparagraph (A), Resolution Copper shall not be
liable for any public use of the Oak Flat Campground.
(b) Rock Climbing.--
(1) Replacement rock climbing area.--
(A) In general.--Not later than 1 year after the
date of consummation of the land exchange under section
4, the Secretary of Agriculture, in consultation with
the Secretary of the Interior, Resolution Copper, the
Town, local climbing organizations, and other
interested parties, shall identify and provide a
replacement rock climbing area or areas (including
public access thereto) on National Forest land or
public land.
(B) Characteristics.--The replacement rock climbing
area under subparagraph (A) shall possess, to the
maximum extent practicable (in the sole discretion of
the Secretary of Agriculture), the general
characteristics of the rock climbing area on the
Federal land.
(2) Costs of replacement.--Resolution Copper shall pay any
costs incurred by the Secretary of Agriculture or the Secretary
of the Interior in studying, accessing, and developing the
replacement rock climbing area or areas under this subsection,
not to exceed $250,000.
(3) Interim use.--
(A) In general.--The document conveying the Federal
land to Resolution Copper under section 4(a) shall
specify that the Secretary of Agriculture--
(i) for a period of 2 years after the date
of enactment of this Act, shall continue to
administer and allow public access to the rock
climbing area on the Federal land; and
(ii) for a period of 5 years after the date
of enactment of this Act, may issue once each
year a special use permit for public access to
the bouldering area on the Federal land for
purposes of the annual ``BoulderBlast''
competition.
(B) Liability.--During the periods described in
subparagraph (A), Resolution Copper shall not be liable
for any public use of--
(i) a rock climbing area on the Federal
land; or
(ii) a bouldering area on the Federal land.
(4) Additional rock climbing provisions.--TO BE SUPPLIED.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Contractors.--
(1) In general.--Any work relating to a conveyance or
exchange under section 4 performed by a contractor shall be
subject to the mutual agreement of the Secretary concerned and
Resolution Copper, including--
(A) the selection of the contractor; and
(B) the scope of the work performed by the
contractor.
(2) Review and approval.--Review and approval of any work
performed by a contractor under this paragraph shall be--
(A) performed by the Secretary concerned; and
(B) subject to Federal, State, and local laws
(including regulations).
(3) Lead actor agreement.--The Secretary of Agriculture and
the Secretary of the Interior may agree that the Secretary of
Agriculture shall be the lead actor for any action under this
subsection.
(b) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--At the time of the conveyance
under section 4(a), any public land order that withdraws the
Federal land from appropriation or disposal under a public land
law shall be revoked.
(2) Withdrawal.--On the date of enactment of this Act, if
the Federal land is not withdrawn or segregated from entry and
appropriation under a public land law (including mining and
mineral leasing laws and the Geothermal Steam Act of l970 (30
U.S.C. 1001 et seq.)), the Federal land shall be withdrawn from
entry and appropriation, subject to any right of Resolution
Copper, until the date of its conveyance under section 4(a).
(c) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary of Agriculture and
Resolution Copper may correct by agreement any minor error in a
map, acreage estimate, or description of the Federal land or
non-Federal land exchanged under section 4.
(2) Discrepancies.--If there are any discrepancies between
a map, an acreage estimate, or a description of the land
exchanged under section 4, the map shall be the controlling
document, unless the Secretary of Agriculture and Resolution
Copper agree otherwise.
(3) Public inspection.--Upon the enactment of this Act, the
Secretary of Agriculture shall file and make available for
public inspection in the Office of the Supervisor, Tonto
National Forest, any map referred to in this Act.
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