[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6373 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6373

To authorize and direct the exchange and conveyance of certain National 
            Forest land and other land in southeast Arizona.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2006

    Mr. Renzi (for himself, Mr. Pastor, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Southeast Arizona 
Land Exchange and Conservation Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Land conveyances and exchanges.
Sec. 5. Valuation of land exchanged or conveyed.
Sec. 6. Apache leap natural and cultural resource conservation 
                            easement.
Sec. 7. Incorporation, management, and status of acquired land.
Sec. 8. Public uses of Federal land.
Sec. 9. Traditional acorn gathering and related activities in and 
                            around Oak Flat Campground.
Sec. 10. Miscellaneous provisions.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to further the public interest by authorizing, 
        directing, facilitating, and expediting the conveyance and 
        exchange of land between the United States and Resolution 
        Copper;
            (2) to provide for the conveyance of certain land from the 
        Secretary of the Interior to the Arizona State Parks Board for 
        the establishment of a new State park in Gila and Pinal 
        Counties, Arizona, to be used for rock climbing and other 
        recreational purposes; and
            (3) to provide for the protection of cultural and other 
        resources of the Apache Leap Escarpment near the Town of 
        Superior, Arizona.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apache leap.--The term ``Apache Leap'' means the 
        approximately 680 acres of land generally depicted as the 
        ``Apache Leap Natural and Cultural Resource Conservation 
        Easement Area'' on the map entitled ``Apache Leap Conservation 
        Easement Area'', dated November 2006.
            (2) Board.--The term ``Board'' means the Arizona State 
        Parks Board, an entity established by the State legislature.
            (3) 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 .
            (4) Grantee.--The term ``grantee'' means the entity or 
        entities granted the permanent conservation easement under 
        section 6(a).
            (5) Non-federal land.--The term ``non-Federal land'' means 
        the land described in paragraphs (1) and (2) of section 4(b).
            (6) Resolution copper.--The term ``Resolution Copper'' 
        means--
                    (A) Resolution Copper Mining, LLC, a Delaware 
                limited liability company; and
                    (B) any successor, assign, member, affiliate or 
                joint venturer of Resolution Copper Cooper Mining, LLC.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) State.--The term ``State'' means the State of Arizona.
            (9) State park.--The term ``State Park'' means the proposed 
        rock climbing State Park authorized by Arizona Revised Statutes 
        41-511.15, as depicted on the map entitled ``Tam O'Shanter Area 
        State Park-Proposed'' and dated September 2005.
            (10) Town.--The term ``Town'' means the Town of Superior, 
        Arizona, which is an incorporated municipality.

SEC. 4. LAND CONVEYANCES AND EXCHANGES.

    (a) In General.--On receipt of an offer from Resolution Copper to 
convey to the Secretary or the Secretary of the Interior all right, 
title and interest of Resolution in and to the non-Federal land that is 
acceptable to the Secretary or the Secretary of the Interior, as 
appropriate, the Secretary 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 and 
Resolution Copper.
    (b) Resolution Copper Land Exchange.--On receipt of title to the 
Federal land under subsection (a), Resolution Copper shall 
simultaneously convey--
            (1) to the Secretary, all right, title, and interest of 
        Resolution Copper in and to the following lands that the 
        Secretary determines to be acceptable:
                    (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;
                    (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
                    (E) the approximately 640 acres of land located in 
                Coconino County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2005-Non-Federal Parcel-East Clear Creek'', dated 
                August 2005; and
            (2) to the Secretary of the Interior, all right. title, and 
        interest of Resolution Copper in and to the following lands 
        that the Secretary of the Interior determines to be acceptable:
                    (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;
                    (B) the approximately 956 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 October 2005; and
                    (C) the approximately 160 acres of land located in 
                Gila and Pinal Counties, Arizona, depicted on the map 
                entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2005-Non-Federal Parcel-Dripping 
                Springs'', dated August 2005.
    (c) Conveyance of Land to Town.--
            (1) In general.--If, within 90 days after consummation of 
        the land exchange under this Act, the Secretary receives a 
        request from the Town for conveyance of one or more of the 
        properties identified in subparagraphs (A) through (C) of this 
        paragraph, the Secretary 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 and any reserved 
                mineral 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) all or a portion of the approximately 181 acres 
                of land located in Pinal County, Arizona, depicted on 
                the map entitled ``Southeast Arizona Land Exchange and 
                Conservation Act of 2005-Federal Parcel-Superior 
                Airport Contiguous Parcel'', dated June 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, to the maximum extent practicable.
    (d) Timing of Exchange.--It is the intent of Congress that the land 
exchange directed by subsection (a) be completed not later than 1 year 
after the date of enactment of this Act.
    (e) Exchange Costs and Contractors.--
            (1) As authorized pursuant to 36 CFR 254.4 and 254.7 
        Resolution Copper shall assume responsibility for--
                    (A) hiring any contractors necessary for carrying 
                out the exchange of land under subsection (a) or a 
                conveyance of land under subsection (c); and
                    (B) paying (without compensation under 36 CFR 
                254.7)--
                            (i) the costs of any appraisals relating to 
                        the exchange and conveyance under subsections 
                        (a), (b) and (c), including any reasonable 
                        reimbursements to the Secretary on request of 
                        the Secretary for the cost of reviewing and 
                        approving an appraisal;
                            (ii) the costs of any hazardous materials 
                        surveys and clearances and land surveys, 
                        including any necessary land surveys conducted 
                        by the Bureau of Land Management Cadastral 
                        Survey; and
                            (iii) any other cost agreed to by 
                        Resolution Copper and the Secretary, or the 
                        Secretary of the Interior.
            (2) Contractor work and approvals.--
                    (A) In general.--Any work relating to a conveyance 
                or exchange that is performed by a contractor requiring 
                review and approval by the United States shall be 
                subject to the mutual agreement of the Secretary or the 
                Secretary of the Interior, as appropriate, and 
                Resolution Copper, including agreement with respect 
                to--
                            (i) the selection of the contractor; and
                            (ii) the scope of the work performed by the 
                        contractor.
                    (B) Review and approval.--Review and approval of 
                any work by a contractor shall be performed by the 
                Secretary or the Secretary of the Interior, as 
                appropriate, in accordance with all applicable laws, 
                rules and regulations.
                    (C) Lead actor agreement.--The Secretary and the 
                Secretary of the Interior may mutually agree to 
                designate the Secretary as the lead actor for any 
                action under this subsection.

SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED.

    (a) Exchange Valuation.--
            (1) In general.--The values of the lands to be exchanged 
        under subsections 4(a) and (b), and the lands to be conveyed to 
        the Town under section 4(c) (including any reversionary 
        interest), shall be determined by the Secretary through 
        concurrent appraisals 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 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 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 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 the final 
                        appraised value under subparagraph (A)(iii); or
                            (ii) in accordance with 36 CFR 254.14, at 
                        all, after an exchange agreement is entered 
                        into by Resolution Copper and the Secretary.
                    (C) Public review.--Before carrying out a land 
                exchange under section 4, the Secretary shall make 
                available for public review a summary of the appraisals 
                of the land to be exchanged.
            (3) Failure to agree.--If the Secretary 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 conveyed 
        to Resolution Copper under section 4(a) shall be determined as 
        if the land is unencumbered by any unpatented mining claims of 
        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 
                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 under section 
                206(b) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716(b)).
                    (C) Disposition and use of proceeds.--
                            (i) Disposition of proceeds.--Any cash 
                        equalization payments received by the Secretary 
                        under subparagraph (A) and any amounts received 
                        by the Secretary under paragraph (3) shall be 
                        deposited in the fund established by Public Law 
                        90-171 (commonly known as the ``Sisk Act'') (16 
                        U.S.C. 484a).
                            (ii) Use of proceeds.--Amounts deposited 
                        under clause (i) shall be available to the 
                        Secretary, without further appropriation, for 
                        the acquisition of land for addition to the 
                        National Forest System in the State.
            (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 the exchange under section 4, the United States 
                shall not be required to make a payment to Resolution 
                Copper to equalize the values of the land.
                    (B) Waiver.--As a condition of the land exchange 
                under this Act, Resolution Copper has voluntarily 
                agreed to:
                            (i) convey all right, title and interest of 
                        Resolution Copper in and to the non-Federal 
                        land parcels identified in section 4(b) to the 
                        United States, regardless of value; and
                            (ii) waive any cash equalization payment 
                        which might otherwise be due Resolution Copper 
                        to equalize land values.
                    (C) Effect of waiver.--Any amount waived under 
                subparagraph (B) shall be considered to be a donation 
                by Resolution Copper to the United States.
            (3) Payment for land conveyed to town.--
                    (A) In general.--The Town shall pay the Secretary 
                market value for any land acquired by the Town from the 
                Secretary under section 4(c), as determined by the 
                Secretary through an appraisal conducted in accordance 
                with section 5(a)(2).
                    (B) Credit.--If the appraisals under section 5 
                indicate that the United States would owe cash 
                equalization to Resolution Copper, notwithstanding the 
                waiver of such cash equalization payment by section 
                5(b)(2):
                            (i) the Secretary of Agriculture shall 
                        credit such waived amount against any amount 
                        owed by the Town under subparagraph (A); and
                            (ii) the obligation of the Town to pay the 
                        United States under subparagraph (A) shall be 
                        reduced by the amount of the credit.

SEC. 6. APACHE LEAP NATURAL AND CULTURAL RESOURCE CONSERVATION 
              EASEMENT.

    (a) In General.--In recognition of the area's importance to Apache 
Indian tribes and other members of the public, and in order to 
permanently protect the scenic, cultural, historic, educational and 
natural resource values of the Apache Leap Escarpment, as a condition 
of the land exchange under section 4(a), Resolution Copper shall 
deliver to the Secretary an executed document reviewed by, and 
acceptable to, the Secretary which grants a permanent conservation 
easement to the easement area to one or more of the following 
grantees--
            (1) a qualified unit of government or Indian tribe; 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, comprising 
approximately 680 acres, as generally depicted on the map referenced in 
section 3(1) of this Act..
    (c) Terms.--The conservation easement under this section shall--
            (1) prohibit surface development of the easement area by 
        Resolution Copper, except for a fence, sign, monitoring device 
        or instrument, or other improvement for an administrative, 
        public health and safety, or other appropriate purpose, as 
        determined by Resolution Copper and the grantee or grantees;
            (2) prohibit commercial mineral extraction under the 
        easement area;
            (3) provide for appropriate non-motorized public access to 
        and use of the easement area, as determined by the grantee or 
        grantees; and
            (4) may contain such other terms and conditions as the 
        grantor and grantee or grantees, after consultation with the 
        Town, the Secretary, interested Apache Indian tribes, and other 
        interested parties, may determine appropriate to conserve, 
        protect, enhance and manage the cultural and historic resources 
        of the area, and traditional uses of the easement area by 
        Apache Indian tribes.
    (d) Additional Protections and Access.--
            (1) In general.--Not later than 3 years after the date of 
        the conveyance of the Federal land under section 4(a), 
        Resolution Copper and the grantee or grantees, in consultation 
        with the Town, the Secretary, interested Apache Indian tribes, 
        and other interested parties, shall determine whether the area 
        covered by the conservation easement should be managed to 
        establish additional cultural and historic resource protections 
        or measures, including permanent or seasonal closures of a 
        portion or portions of the easement area to protect cultural 
        and archeological resources, or for the establishment of 
        additional, or alternative to existing, public access routes 
        trails, and trailheads to Apache Leap.
            (2) Costs of additional protections or access.--
                    (A) In general.--If additional protections or 
                access, or alternative access, are determined advisable 
                under paragraph (1) Resolution Copper shall pay all 
                reasonable costs thereof, subject to subparagraph (B).
                    (B) Limitation.--The total cost to Resolution 
                Copper under this subsection shall be not more than 
                $250,000.
    (e) Easement and Appraisal.--
            (1) In general.--The requirement that Resolution Copper 
        grant the conservation easement under this section shall not be 
        considered in determining, or result in any diminution in, the 
        market value of the Federal land for purposes of an appraisal 
        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) applicable to mining 
        activities on private land, the conservation easement shall not 
        impose any additional restrictions on mining activities carried 
        out by Resolution Copper outside the easement area after the 
        date of 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 
and Resolution Copper, the Secretary shall be consulted during 
preparation and drafting of the conservation easement and during the 
follow-up process set forth in section 6(d), but need not be--
            (1) a party to the conservation easement under this 
        section; or
            (2) involved in monitoring or enforcement of the 
        conservation easement.
    (h) Additional Management.--In order to provide protection for the 
full length of the Apache Leap escarpment, the Secretary shall 
additionally manage the approximately 45 acres depicted as ``the 
Notch'' area on the map referenced in section 3(1) in a manner 
consistent with the conservation easement provisions of this section.

SEC. 7. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED LAND.

    (a) Land Acquired by the Secretary.--
            (1) In general.--Land acquired by the Secretary 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 is located shall be deemed to be the boundaries 
        of that forest as in existence on January 1, 1965.
            (3) Ji ranch.--Upon its acquisition by the United States, 
        the land described in section 4(b)(1)(D), and known as the JI 
        Ranch, shall be managed by the Secretary of Agriculture so as 
        to insure access to the land by Apache Indian tribes for acorn 
        gathering and related activities. Upon request from an Apache 
        Indian tribe or tribes, the Secretary of Agriculture may from 
        time to time temporarily or seasonally close all or a portion 
        of the land to general public access and use in order to 
        protect the privacy of those engaging in such activities.
    (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 (including 
        National Conservation Area, if applicable) or other area within 
        which the land is located; and
            (2) be managed in accordance with the laws (including 
        regulations) applicable to the administrative unit, National 
        Conservation Area, or other area within which the land is 
        located.
    (c) Withdrawal.--On acquisition by the United States of any land 
under this Act, subject to valid existing rights and without further 
action by the Secretary or the Secretary of the Interior, as 
appropriate, the acquired land is permanently withdrawn from all forms 
of entry and appropriation under--
            (1) the public land laws (including the mining and mineral 
        leasing laws); and
            (2) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
        seq.).

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, 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 
                1 or more replacement campgrounds for the Oak Flat 
                Campground (including appropriate access routes to any 
                replacement campgrounds).
                    (B) Public facilities.--Any replacement campgrounds 
                under this paragraph shall be designed and constructed 
                in a manner that adequately (as determined in the sole 
                discretion of the Secretary) 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 any 
        replacement 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 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 any replacement 
                        campgrounds under this subsection are 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.
            (4) Campground defined.--As used in this subsection, the 
        term ``Oak Flat campground'' means the area comprising 
        approximately 16 developed campsites, as generally depicted on 
        a map entitled ``Oak Flat Campground'' and dated September 
        2006.
    (b) Rock Climbing Areas.--
            (1) Replacement rock climbing area.--
                    (A) In general.--On request by the Board pursuant 
                to Arizona Revised Statutes 41-511, the Secretary of 
                the Interior shall immediately convey to the Board the 
                land described in subparagraph (B) for establishment of 
                a State Park for public or recreational purposes under 
                the Act of June 14, 1926 (commonly known as the 
                ``Recreation and Public Purposes Act'') (43 U.S.C. 869 
                et seq.).
                    (B) Description of land.--The land referred to in 
                subparagraph (A) is the approximately 2,000 acres of 
                land under the jurisdiction of the Secretary of the 
                Interior within the exterior boundary of the State 
                Park.
                    (C) Use of land.--The conveyance of land under 
                subparagraph (A) shall be subject to the condition 
                that--
                            (i) the land conveyed to the Board shall be 
                        used for the purpose of establishing the State 
                        Park, as authorized by Arizona Revised Statutes 
                        41-511.15 ; and
                            (ii) the State Park shall be used for--
                                    (I) rock climbing;
                                    (II) bouldering; and
                                    (III) any other forms of outdoor 
                                recreation and natural resource 
                                conservation as the Board determines to 
                                be appropriate.
                    (D) Consideration.--
                            (i) In general.--Except as provided in 
                        clause (ii) and in accordance with section 
                        2741.8 of title 43, Code of Federal Regulations 
                        (or a successor regulation), the conveyance of 
                        the land under subparagraph (A) shall be 
                        without monetary consideration.
                            (ii) Exception.--Notwithstanding clause 
                        (i), the Board shall pay any reasonable 
                        administrative costs incurred by the Secretary 
                        of the Interior in making the conveyance.
                    (E) Automatic transfer of land.--Once the State 
                Park is established, the Dripping Springs parcel 
                identified in section 4(b)(2)(C), and any other land 
                acquired by the United Sates within the State Park's 
                exterior boundaries by donation, exchange, or purchase 
                from a willing landowner, shall upon its acquisition, 
                and without further action required by the Secretary of 
                the Interior, be transferred to the Board for 
                incorporation into the State Park.
                    (F) Mineral interests.--
                            (i) In general.--The United States shall 
                        retain any mineral interests in the land 
                        conveyed under subparagraph (A).
                            (ii) Withdrawal.--Beginning on the date of 
                        enactment of this Act, and subject to valid 
                        existing rights, the land described in 
                        subparagraph (B) shall be permanently withdrawn 
                        from all forms of entry and appropriation under 
                        the mining and mineral leasing laws, including 
                        the Geothermal Steam Act of 1970 (30 U.S.C. 
                        1001 et seq.).
                    (G) Fees; concessions contracts.--Nothing in this 
                Act prohibits the Board from--
                            (i) charging reasonable entry or user fees 
                        for the State Park; or
                            (ii) entering into concession contracts to 
                        manage the State Park.
                    (H) Reversion.--If the land conveyed under 
                subparagraph (A) is used in a manner that is 
                inconsistent with the uses described in subparagraph 
                (D), the land shall, at the discretion of the Secretary 
                of the Interior, revert to the United States.
                    (I) Adjacent management.--
                            (i) Finding.--Congress finds that land in 
                        close proximity to the State Park is or has 
                        been the site of--
                                    (I) mining or mining related 
                                activities or operations;
                                    (II) livestock grazing; and
                                    (III) agricultural activities.
                            (ii) No protective perimeter or buffer.--
                        The establishment of the State Park shall not 
                        create any protective perimeter or buffer zone 
                        on Federal land around the State Park.
                            (iii) Other activities or uses.--The fact 
                        that non-park activities or uses can be seen or 
                        heard from areas within the State Park shall 
                        not preclude the conduct of those activities or 
                        uses under the laws of the United States 
                        outside the boundary of the State Park.
                    (J) Effect.--The establishment of the State Park 
                does not impose new or additional requirements or 
                restrictions under the laws of the United States with 
                respect to the permitting, management, or conduct of 
                mining operations and other activities outside the 
                boundaries of the State Park.
            (2) State park access road.--
                    (A) In general.--To provide safe and reasonable 
                public access to the State Park, the Secretary of the 
                Interior shall, immediately upon request by the Board, 
                grant the Board a right-of-way for a State Park access 
                road across any Federal lands on the route described in 
                subparagraph (B).
                    (B) Description of route.--The route referred to in 
                subparagraph (A) is the route generally depicted as the 
                ``Tam O-Shanter Access Road'' on the map entitled ``Tam 
                O'Shanter Access Road'', dated February 2006.
                    (C) Condition.--The road right-of way granted under 
                subparagraph (A) shall be for an unpaved road, 
                constructed or improved only to the extent that 
                Secretary of the Interior, after consultation with the 
                Board, determines is necessary to permit the safe 
                passage of 2-wheel drive vehicles for public 
                recreational access purposes to the State Park.
                    (D) Location.--The exact location of the road 
                right-of-way granted under subparagraph (A) may, at the 
                sole discretion of the Secretary of the Interior, after 
                consultation with the Board, be modified or realigned 
                along the general route shown on the map described in 
                subparagraph (B) if the Secretary of the Interior 
                determines it necessary or appropriate.
                    (E) Deadline.--To the maximum extent practicable 
                consistent with weather conditions, the road under 
                subparagraph (A) shall be constructed and completed by 
                Resolution Copper or the Board not later than 1 year 
                after the granting of the right-of-way to the Board.
                    (F) Management.--The Board shall manage and 
                maintain the road and right-of-way beginning on the 
                date on which the right-of -way is granted to the 
                Board.
                    (G) Road costs.--Prior to consummation of the land 
                exchange under this Act, and as a condition of the 
                exchange, Resolution Copper shall deposit with the 
                Secretary of the Interior the sum of $500,000, which 
                shall, upon granting of the right-of-way to the Board, 
                be paid by the Secretary to the Board for road 
                construction and associated costs. Such amount shall be 
                considered as a donation by Resolution Copper, and any 
                additional amounts needed for road construction shall 
                be provided by the Board.
    (c) Interim Use of Oak Flat Federal Land.--
            (1) In general.--Until the Federal land is transferred to 
        Resolution Copper under section 4(a), the Secretary shall, 
        subject to paragraphs (2) and (3), continue to administer and 
        allow public access to, and use of, rock climbing sites on the 
        Federal land, other than the excluded areas described in 
        paragraph (2).
            (2) Excluded areas.--The excluded areas referred to in 
        paragraph (1) are the climbing sites on the Federal land known 
        as the ``Mine Area'' and ``Eurodog Valley'' areas, as generally 
        depicted on the map entitled ``Mine Area, Eurodog Valley, and 
        Magma Mine Road Closure Sites'' and dated February 2006.
            (3) Closure to public use.--
                    (A) In general.--If any of the areas described in 
                paragraph (2) have not been closed to public use as of 
                the date of enactment of this Act, the areas shall be 
                closed to public use on the date of enactment of this 
                Act.
                    (B) Magma mine road.--
                            (i) In general.--Except as provided in 
                        clause (ii), on the date of enactment of this 
                        Act, the Magma Mine Road shall be closed to 
                        further public use.
                            (ii) Exception.--The closure under clause 
                        (i) shall not apply to the road segment of the 
                        Magma Mine Road needed to access the Oak Flat 
                        Campground during the period described in 
                        subsection (a)(3)(A).
            (4) Boulderblast competition.--During the period beginning 
        on the date of enactment of this Act and ending on the date 
        that is 5 years after the date of enactment of this Act, the 
        Secretary in consultation with Resolution Copper, may issue not 
        more than 1 special use permit per year to provide public 
        access to the bouldering area on the Federal land for purposes 
        of the annual ``BoulderBlast'' competition.
            (5) Liability.--Resolution Copper shall not be liable for 
        any public use of the Federal land under paragraph (3) or (4).

SEC. 9. TRADITIONAL ACORN GATHERING AND RELATED ACTIVITIES IN AND 
              AROUND OAK FLAT CAMPGROUND.

    (a) In General.--In addition to the acorn gathering opportunities 
set forth in section 7(a)(3), it is the intention of Congress that, if 
it is requested by an Apache Indian tribe or tribes within six months 
after transfer of the Federal land to Resolution Copper, Resolution 
Copper shall endeavor to negotiate and execute a revocable 
authorization to the tribe or tribes concerned to use an area in and 
around the Oak Flat Campground for traditional acorn gathering and 
related activities.
    (b) Area and Terms.--The precise use area and terms shall be as 
agreed to by Resolution Copper and the tribe or tribes concerned, but 
may be modified or revoked by Resolution Copper if Resolution Copper 
determines that all or a portion of the authorized use area needs to be 
closed on a temporary or permanent basis--
            (1) to protect the users' health and safety; or
            (2) to accommodate Resolution Copper's exploration or 
        mining plans.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders; Withdrawal.--
            (1) Revocation of orders.--Any public land order that 
        withdraws the Federal land or the land to be conveyed to the 
        Board under section 8(b)(1) from appropriation or disposal 
        under a public land law shall be revoked to the extent 
        necessary to permit disposal of the land.
            (2) Withdrawal.--On the date of enactment of this Act, if 
        the Federal land and any applicable non-Federal land to be 
        exchanged under this Act 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.)), such land or lands shall be 
        withdrawn from entry and appropriation, subject to any right of 
        Resolution Copper, until the date of the conveyance of the 
        Federal land under section 4(a).
    (b) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary or the Secretary of the 
        Interior, as appropriate, Resolution Copper, or the Board, may 
        by mutual agreement correct any minor errors in any map, 
        acreage estimate, or description of any land conveyed or 
        exchanged under this Act.
            (2) Conflict.--If there is a conflict between a map, an 
        acreage estimate, or a description of land under this Act, the 
        map shall control unless the Secretary, Resolution Copper, or 
        the Board, as appropriate, mutually agree otherwise.
            (3) Availability.--
                    (A) In general.--On the date of enactment of this 
                Act, the Secretary shall file and make available for 
                public inspection in the Office of the Supervisor, 
                Tonto National Forest, any map referred to in this Act.
                    (B) Other maps.--Any maps accompanying the State 
                Park conveyance and road access under section 8 shall 
                be made available for public inspection in the Arizona 
                Office of the Bureau of Land Management.
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