[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1122 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1122

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2005

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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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