[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2466 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2466

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

                             March 28, 2006

  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; 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. Conservation easement.
Sec. 7. Incorporation, management, and status of acquired land.
Sec. 8. Public uses of Federal land.
Sec. 9. 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; and
            (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.

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) 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 that is 
        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, transferee, member, 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 
        State park, 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 title 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, title, that the Secretary determines 
        to be acceptable, 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;
                    (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, title, that the 
        Secretary of the Interior determines to be acceptable, 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;
                    (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.--Not later than 60 days before carrying out 
        the exchange under subsection (a), on receipt of a request from 
        the Town, 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 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, 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) Costs of Conveyances and Exchanges.--Resolution Copper shall be 
responsible for--
            (1) hiring any contractors necessary for carrying out an 
        exchange of land under subsection (a) or a conveyance of land 
        under subsection (c); and
            (2) paying--
                    (A) the costs of any appraisals relating to the 
                exchange under subsection (a), including any reasonable 
                reimbursements to the Secretary on request of the 
                Secretary for the cost of reviewing and approving an 
                appraisal;
                    (B) the costs of any land surveys, including any 
                necessary land surveys conducted by the Bureau of Land 
                Management Cadastral Survey; and
                    (C) any other cost agreed to by Resolution Copper 
                and the Secretary.

SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED.

    (a) Exchange Valuation.--
            (1) In general.--The value of the land exchanged under 
        section 4(a) (including any Federal reversionary interest) 
        shall be equal, as determined by the Secretary 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 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) 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 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 
                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 subsection (a)(2).
                    (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(c); 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.--As a condition of the land exchange under section 
4(a), Resolution Copper shall deliver to the Secretary an executed 
document granting a permanent conservation easement to an entity 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 a fence, sign, monitoring device, 
        or other improvement for an administrative, public health and 
        safety, or other appropriate purpose, 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) Costs.--
                    (A) In general.--If Resolution Copper and the 
                grantee determine under paragraph (1) that any 
                additional public access routes, trails, or trailheads 
                should be established in the area covered by the 
                conservation easement, Resolution Copper shall, subject 
                to subparagraph (B), pay all reasonable costs of 
                establishing the additional public access routes, 
                trails, or trailheads.
                    (B) Limitation.--The total cost of establishing all 
                public access routes, trails, or trailheads authorized 
                by Resolution Copper and the grantee 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) 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 
and Resolution Copper, the Secretary 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.--
            (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.
    (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.
    (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.
    (b) Rock Climbing Areas.--
            (1) Replacement rock climbing area.--
                    (A) In general.--On request by the Board, acting 
                pursuant to an authorization from the State 
                legislature, the Secretary of the Interior shall convey 
                to the Board the land described in subparagraph (B) for 
                establishment of the 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) Deadline.--To be valid, a request for a 
                conveyance under subparagraph (A) shall be submitted by 
                the Board to the Secretary of the Interior not later 
                than 5 years after the date of enactment of this Act.
                    (D) 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 the State legislature; 
                        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.
                    (E) 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.
                    (F) Acquisition of land.--The conveyance of land 
                under subparagraph (A) shall be subject to the 
                condition that, if any land within the exterior 
                boundary of the State Park is acquired by the United 
                States from a willing seller, the land shall, on 
                acquisition--
                            (i) be conveyed to the Board; and
                            (ii) be incorporated into the State Park.
                    (G) 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 l970 (30 U.S.C. 
                        1001 et seq.).
                    (H) 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.
                    (I) 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.
                    (J) 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 
                        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 outside the boundary of the State Park.
                    (K) 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) Road.--
                    (A) In general.--To provide safe and reasonable 
                public access to the State Park, the Secretary of the 
                Interior shall construct or improve, or oversee 
                construction or improvement of, and grant the Board a 
                right-of-way over, a road 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 authorized under 
                subparagraph (A) shall be 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.
                    (D) Location.--The exact location of the road 
                authorized 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).
                    (E) Deadline.--To the maximum extent practicable 
                consistent with weather conditions, the road under 
                subparagraph (A) shall be completed not later than 1 
                year after the date of conveyance of the land described 
                in paragraph (1)(B) to the Board.
                    (F) Management.--The Board shall manage and 
                maintain the road and right-of-way beginning on the 
                date on which the road is completed.
                    (G) Costs.--
                            (i) In general.--In order to construct, 
                        improve, and pay for the road under 
                        subparagraph (A), the Secretary of the Interior 
                        shall, at the sole discretion of the Secretary 
                        of the Interior--
                                    (I) enter into a contract with 
                                Resolution Copper or the Board to 
                                construct and improve the road in 
                                accordance with instructions issued by, 
                                and under the supervision of, the 
                                Secretary of the Interior; or
                                    (II) require Resolution Copper to 
                                pay for the costs of the road, 
                                including costs to the Secretary of the 
                                Interior of planning and supervising 
                                the road construction or improvement.
                            (ii) Limitation.--The total amount of costs 
                        to be paid by Resolution Copper under clause 
                        (i) shall not exceed $500,000.
            (3) Alternative rock climbing replacement.--
                    (A) In general.--If the land described in paragraph 
                (1)(B) is not conveyed to the Board, the Secretary, in 
                consultation with the Secretary of the Interior, 
                Resolution Copper, the Town, local climbing 
                organizations, and other interested persons, shall 
                identify and provide 1 or more replacement rock 
                climbing areas (including public access to any 
                replacement rock climbing areas) on National Forest 
                System land or other land of the Federal Government 
                that possesses, to the maximum extent practicable, the 
                general characteristics of the rock climbing area on 
                the Federal land, as determined by the Secretary.
                    (B) Costs.--
                            (i) In general.--Subject to clause (ii), 
                        Resolution Copper shall pay any costs incurred 
                        by the Secretary or the Secretary of the 
                        Interior in studying, accessing, and developing 
                        any replacement rock climbing areas under 
                        subparagraph (A).
                            (ii) Limitation.--The total amount of costs 
                        that Resolution Copper is required to pay under 
                        clause (i) shall not exceed $500,000.
    (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 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 of the Interior, 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. MISCELLANEOUS PROVISIONS.

    (a) Contractors.--
            (1) In general.--Any work relating to a conveyance or 
        exchange under section 4 that is performed by a contractor 
        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--
                    (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 subsection shall be--
                    (A) performed by the Secretary or the Secretary of 
                the Interior, as appropriate; and
                    (B) subject to Federal, State, and local laws 
                (including regulations).
            (3) 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.
    (b) 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 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 the conveyance of Federal land under 
        section 4(a).
    (c) 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.
                                 <all>