1.Short title; table of
contents
(a)This Act may be cited
as the Southeast Arizona Land Exchange
and Conservation Act of 2006
.
(b)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.
2.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.
3.In this Act:
(1)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)The
term Board means the Arizona State Parks Board, an entity
established by the State legislature.
(3)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)The
term grantee
means the entity that is granted the permanent
conservation easement under section 6(a).
(5)The term non-Federal land means the land
described in paragraphs (1) and (2) of section 4(b).
(6)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)The
term Secretary
means the Secretary of Agriculture.
(8)The
term State
means the State of Arizona.
(9)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)The
term Town means the Town of Superior, Arizona, which is an
incorporated municipality.
4.Land conveyances
and exchanges
(a)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 exchangeOn 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)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)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)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 exchangesResolution 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.
5.Valuation of
land exchanged or conveyed
(a)
(1)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)
(A)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 valuesAfter 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)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)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)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)
(1)Surplus of
Federal land value
(A)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 ActA 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)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)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)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)
(i)A payment under subparagraph (A) may be waived in whole
or in part by Resolution Copper.
(ii)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)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)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)An
amount credited under subparagraph (B) shall be considered to be a donation by
Resolution Copper to the Town for all purposes of law.
6.
(a)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)The area of the conservation easement under this section
shall be the surface estate of Apache Leap.
(c)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)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)
(A)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)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)
(1)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)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)
(1)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)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)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.
7.Incorporation,
management, and status of acquired land
(a)Land Acquired
by the Secretary
(1)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)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 interiorLand 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)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.).
8.Public uses of
Federal land
(a)
(1)
(A)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)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)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)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)During
the interim period described in subparagraph (A), Resolution Copper shall not
be liable for any public use of the Oak Flat Campground.
(b)
(1)Replacement
rock climbing area
(A)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)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)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)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)
(i)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)Notwithstanding
clause (i), the Board shall pay any reasonable administrative costs incurred by
the Secretary of the Interior in making the conveyance.
(F)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)
(i)The United States shall retain any mineral interests in
the land conveyed under subparagraph (A).
(ii)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 contractsNothing 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)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)
(i)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 bufferThe establishment of the State Park shall not
create any protective perimeter or buffer zone around the State Park.
(iii)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)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)
(A)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)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)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)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)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)The
Board shall manage and maintain the road and right-of-way beginning on the date
on which the road is completed.
(G)
(i)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)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)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)
(i)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)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)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)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)
(A)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)
(i)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)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)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)Resolution
Copper shall not be liable for any public use of the Federal land under
paragraph (3) or (4).
9.
(a)
(1)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 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)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)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)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)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)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)
(A)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)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.