[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1862 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1862

 To provide for the exchange and conveyance of certain National Forest 
   land and other land in southeast Arizona, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2007

  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 provide for the exchange and conveyance of certain National Forest 
   land and other land in southeast Arizona, and for other purposes.

    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 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Land conveyances and exchanges.
Sec. 5. Valuation of land exchanged or conveyed.
Sec. 6. Apache Leap natural and cultural resource conservation 
                            easement.
Sec. 7. Incorporation, management, and status of acquired land.
Sec. 8. Public uses of Federal land.
Sec. 9. Arizona Land Fund.
Sec. 10. Miscellaneous provisions.

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apache leap.--The term ``Apache Leap'' means the 
        approximately 695 acres of land referred to as the ``Apache 
        Leap Conservation Easement Area'' on the map entitled ``Apache 
        Leap Conservation Easement Area'', dated November 2006.
            (2) Arizona land fund.--The term ``Arizona Land Fund'' 
        means the fund established by section 9(a).
            (3) Board.--The term ``Board'' means the Arizona State 
        Parks Board, an entity established by the State legislature.
            (4) Eligible consideration.--The term ``eligible 
        consideration'' means consideration--
                    (A) conveyed by Resolution Copper to the Secretary 
                concerned in accordance with the land exchange 
                described in section 4(a); and
                    (B) comprised of--
                            (i) all right, title, and interest of 
                        Resolution Copper in and to the non-Federal 
                        land that is acceptable to the Secretary 
                        concerned, as appropriate; and
                            (ii) an amount of not less than $7,500,000.
            (5) 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.
            (6) Grantee.--The term ``grantee'' means the 1 or more 
        entities that are granted the permanent conservation easement 
        under section 6(a).
            (7) Map.--The term ``map'' means the map entitled 
        ``Southeast Arizona Land Exchange and Conservation Act of 2005-
        Federal Parcel-Oak Flat'', dated January 2005.
            (8) Non-federal land.--The term ``non-Federal land'' means 
        the land described in section 4(b)(1).
            (9) Notch.--The term ``Notch'' means the approximately 45 
        acres of land referred to as the ``Notch'' on the map entitled 
        ``Apache Leap Conservation Easement Area'', dated November 
        2006.
            (10) Oak flat campground.--The term ``Oak Flat Campground'' 
        means the campground that is--
                    (A) comprised of approximately 16 developed 
                campsites; and
                    (B) generally depicted on the map entitled ``Oak 
                Flat Campground'', dated September 2006.
            (11) Resolution copper.--The term ``Resolution Copper'' 
        means--
                    (A) Resolution Copper Mining, LLC, a Delaware 
                limited liability company; and
                    (B) any successor, assign, affiliate, member, or 
                joint venturer of Resolution Copper Cooper Mining, LLC.
            (12) Secretary.--The term ``Secretary'' means Secretary of 
        Agriculture.
            (13) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land managed by the Bureau of Land Management 
                (including land held for the benefit of an Indian 
                tribe).
            (14) State.--The term ``State'' means the State of Arizona.
            (15) State park.--The term ``State Park'' means the 
        proposed rock climbing State park--
                    (A) authorized under Ariz. Rev. Stat. Sec.  41-
                511.16 (2007); and
                    (B) as depicted on the map entitled ``Tam O'Shanter 
                Area State Park'' and dated September 22, 2006.
            (16) 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 concerned the eligible consideration, 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.--
            (1) Conveyance of land.--On receipt of title to the Federal 
        land under subsection (a), Resolution Copper shall 
        simultaneously convey--
                    (A) to the Secretary, all right, title, and 
                interest that the Secretary determines to be acceptable 
                in and to--
                            (i) 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;
                            (ii) 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;
                            (iii) 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;
                            (iv) 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
                            (v) 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
                    (B) to the Secretary of the Interior, all right, 
                title, and interest that the Secretary of the Interior 
                determines to be acceptable in and to--
                            (i) the approximately 3,073 acres of land 
                        located in Pinal County, Arizona, depicted on 
                        the map entitled ``Lower San Pedro River 
                        Parcel'', dated May 31, 2006; and
                            (ii) 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.
            (2) Payment of amount.--On receipt of title to the Federal 
        land under subsection (a), as a condition of the conveyance 
        authorized under subsection (a), Resolution Copper shall pay to 
        the Secretary of the Treasury for deposit into the Arizona Land 
        Fund the amount of $7,500,000.
    (c) Conveyance of Land to Town.--
            (1) In general.--Subject to paragraph (2), not later than 
        90 days after the date on which the exchange under subsection 
        (a) is consummated, on receipt of a request from the Town for 
        any parcel of land described in paragraph (2), the Secretary 
        shall convey to the Town, for a price equal to market value, as 
        appraised under section 5, each parcel of land that the Town 
        requests.
            (2) Eligible parcels.--The Town may request--
                    (A) the approximately 30 acres of land located in 
                Pinal County, Arizona, occupied on the date of 
                enactment of this Act by the Fairview Cemetery and 
                depicted on the map entitled ``Southeast Arizona Land 
                Exchange and Conservation Act of 2005-Federal Parcel-
                Fairview Cemetery'', dated January 2005;
                    (B) the reversionary interest, and any reserved 
                mineral interest, of the United States in the 
                approximately 265 acres of land located in Pinal 
                County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2005-Federal Reversionary Interest-Superior 
                Airport'', dated January 2005; and
                    (C) 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.
            (3) 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.--In accordance with 
sections 254.4 and 254.7 of title 36, Code of Federal Regulations (or 
successor regulations), Resolution Copper shall assume responsibility 
for--
            (1) hiring any contractors determined by the Secretary to 
        be necessary for carrying out an exchange or conveyance under 
        subsection (a), (b), or (c); and
            (2) paying, without compensation--
                    (A) the costs of each appraisal relating to the 
                exchange or conveyance under subsection (a), (b), or 
                (c), 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 hazardous materials survey, 
                mitigation requirement, clearance, or land survey, 
                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 concerned.
    (f) Contractor Work and Approvals.--
            (1) In general.--Any work relating to the exchange or 
        conveyance of land that is performed by a contractor shall be 
        subject to the mutual agreement of the Secretary concerned and 
        Resolution Copper, including any agreement with respect to--
                    (A) the selection of the contractor; and
                    (B) the scope of work performed by the contractor.
            (2) Review and approval.--Any required review and approval 
        of work by a contractor shall be performed by the Secretary 
        concerned in accordance with applicable law (including 
        regulations).
            (3) Lead actor.--The Secretary and the Secretary of the 
        Interior may mutually agree to designate the Secretary as the 
        lead actor for any action under this subsection.

SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED.

    (a) Exchange Valuation.--
            (1) In general.--The value of the land exchanged or 
        conveyed under subsection (a), (b), or (c) of section 4 
        (including any reversionary interest) shall be determined by 
        the Secretary through 1 or more appraisals conducted in 
        accordance with paragraph (2).
            (2) Appraisals.--
                    (A) In general.--An appraisal under this section 
                shall be--
                            (i) performed by an appraiser mutually 
                        agreed to by the Secretary and Resolution 
                        Copper;
                            (ii) performed in accordance with--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisitions 
                                (Department of Justice, 5th Edition, 
                                December 20, 2000);
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice; and
                                    (III) Forest Service appraisal 
                                instructions; and
                            (iii) submitted to the Secretary for review 
                        and approval.
                    (B) Reappraisals and updated appraised values.--
                After the final appraised value of a parcel is 
                determined and approved under subparagraph (A), the 
                Secretary shall not be required to reappraise or update 
                the final appraised value--
                            (i) for a period of 3 years after the 
                        approval by the Secretary of the final 
                        appraised value under subparagraph (A)(iii); or
                            (ii) 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 
                consideration, Resolution Copper shall make a cash 
                equalization payment to the Secretary to equalize the 
                values of the Federal land and non-Federal 
                consideration.
                    (B) Amount of payment.--Notwithstanding section 
                206(b) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716(b)), the Secretary may accept a 
                cash equalization payment under subparagraph (A) in an 
                amount that is greater than 25 percent of the value of 
                the Federal land.
                    (C) Disposition and use of proceeds.--
                            (i) Disposition of proceeds.--
                                    (I) Cash equalization payments.--
                                Any cash equalization payments received 
                                by the Secretary concerned under 
                                subparagraph (A) shall, without further 
                                appropriation, be deposited in the 
                                Arizona Land Fund.
                                    (II) Payment for land conveyed to 
                                town.--Any amounts received by the 
                                Secretary concerned 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.--
                                    (I) Cash equalization payments.--
                                Amounts deposited under clause (i)(I) 
                                shall be available and expended in 
                                accordance with section 9(b).
                                    (II) Payment for land conveyed to 
                                town.--Amounts deposited under clause 
                                (i)(II) shall be available to the 
                                Secretary concerned, without further 
                                appropriation, and until expended, for 
                                the acquisition of land or interests in 
                                land located in the State.
            (2) Surplus of value relating to non-federal 
        consideration.--If the final appraised value of the non-Federal 
        eligible consideration exceeds the value of the Federal land 
        involved in the exchange under section 4--
                    (A) the Secretary shall not make a payment to 
                Resolution Copper to equalize the values of the land; 
                and
                    (B) the surplus value of the non-Federal 
                consideration shall be considered a donation by 
                Resolution Copper to the United States.
            (3) Payment for land conveyed to town.--
                    (A) In general.--The Town shall pay the Secretary 
                market value for any land acquired by the Town from the 
                Secretary under section 4(c), as determined by the 
                Secretary through an appraisal conducted in accordance 
                with subsection (a)(2).
                    (B) Credit.--If the final appraised value of the 
                non-Federal consideration exceeds the value of the 
                Federal land in the exchange under section 4, the 
                obligation of the Town to pay the United States under 
                subparagraph (A) shall be reduced by an amount equal to 
                the excess value of the non-Federal consideration.

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

    (a) In General.--To protect the scenic, cultural, historic, 
educational, and natural resource values of the Apache Leap escarpment, 
as a condition of the land exchange under section 4(a), Resolution 
Copper shall deliver to the Secretary an executed document granting a 
permanent conservation easement for the easement area to an entity that 
is--
            (1) a qualified unit of government or Indian tribe; or
            (2) a land trust or other qualified organization as defined 
        in section 170(h) of the Internal Revenue Code of 1986.
    (b) Easement Area.--The area of the conservation easement under 
this section shall be the surface estate of Apache Leap.
    (c) Terms.--The conservation easement under this section--
            (1) shall--
                    (A) 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 any grantee of the conservation easement;
                    (B) prohibit commercial mineral extraction under 
                the easement area; and
                    (C) provide for appropriate nonmotorized public 
                access to and use of the easement area, as determined 
                by Resolution Copper and any grantee of the 
                conservation easement; and
            (2) may contain such other terms and conditions as the 
        grantor or grantee of the conservation easement, in 
        consultation with the Town, interested Indian tribes, and any 
        other interested Yavapai and Apache party, determines to be 
        appropriate to conserve, protect, enhance, and manage the 
        cultural and historic resources and traditional uses of the 
        easement area.
    (d) Endowment.--As a condition of the conveyance authorized under 
section 4(a), Resolution Copper shall pay to the grantee of the 
conservation easement under this section $250,000, to be used by the 
grantee of the conservation easement--
            (1) to monitor the easement;
            (2) to enforce the borders of the easement;
            (3) to carry out any administrative activity relating to 
        the easement; and
            (4) to provide such additional protections, access, or 
        alternative access as may be determined appropriate pursuant to 
        subsection (f).
    (e) Role of Secretary.--
            (1) In general.--The Secretary--
                    (A) may be consulted during the preparation and 
                drafting of the executed document granting a permanent 
                conservation easement to the easement area under 
                subsection (a); but
                    (B) unless otherwise agreed to by the Secretary and 
                Resolution Copper, shall not be--
                            (i) a party to the conservation easement 
                        under this section; or
                            (ii) required to carry out any activity 
                        relating to the monitoring or enforcement of 
                        the conservation easement under this section.
            (2) Additional management.--The Secretary may manage the 
        Notch in accordance with the terms of the conservation easement 
        under this section.
    (f) Additional Protections and Access.--Not later than 3 years 
after the date of the conveyance of the Federal land under section 
4(a), Resolution Copper and the grantee, in consultation with the Town, 
interested Yavapai and Apache Indian tribes, and other interested 
parties, shall determine whether the area covered by the conservation 
easement should be managed to establish--
            (1) additional cultural and historical resource protections 
        or measures, including permanent or seasonal closures of any 
        portion of the easement area to protect cultural or 
        archeological resources; or
            (2) additional or alternative public access routes, trails, 
        and trailheads to Apache Leap.
    (g) 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) 
        shall be considered to be a donation by Resolution Copper to 
        the United States.
    (h) Mining Activities.--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 outside of the easement area after the date of the conveyance 
under section 4(a).

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, including any land or interest in land acquired by the 
        Secretary under section 4(a) 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 concerned is located shall be deemed to be the 
        boundaries of that forest as in existence on January 1, 1965.
            (3) Management of ji ranch.--
                    (A) In general.--On the date on which the Secretary 
                of the Interior acquires the JI Ranch parcel described 
                in section 4(b)(1)(A)(iv), the Secretary concerned 
                shall manage the land to allow Yavapai and Apache 
                Indian tribes--
                            (i) to access the land; and
                            (ii) to undertake traditional activities 
                        relating to the gathering of acorns.
                    (B) Authority of secretary of the interior.--Upon 
                request from the Yavapai or Apache Indian tribe, the 
                Secretary of the Interior may temporarily or seasonally 
                close to the public any portion of the land described 
                in section 4(b)(1) during the period in which the 
                Yavapai or Apache Indian tribe undertakes any activity 
                described in subparagraph (A)(ii).
    (b) Land Acquired by the Secretary of the Interior.--
            (1) In general.--Land acquired by the Secretary of the 
        Interior under this Act shall--
                    (A) become part of the administrative unit 
                (including the national conservation area, if 
                applicable) or other area within which the land is 
                located; and
                    (B) be managed in accordance with the laws 
                (including regulations) applicable to the 
                administrative unit, national conservation area, or 
                other area within which the land is located.
            (2) Land located in close proximity to lower san pedro 
        river.--To preserve and enhance the natural character and 
        conservation value of the land described in section 
        4(b)(1)(B)(i), the Secretary of the Interior shall manage the 
        land in accordance with subsections (a) and (b) of section 102 
        of the Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 460xx-
        1).
    (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 concerned, 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, as soon as practicable after the request, 
                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) 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.
                    (D) Consideration.--
                            (i) In general.--Except as provided in 
                        clause (ii) and in accordance with section 
                        2741.8 of title 43, Code of Federal Regulations 
                        (or a successor regulation), the conveyance of 
                        the land under subparagraph (A) shall be 
                        without monetary consideration.
                            (ii) Exception.--Notwithstanding clause 
                        (i), the Board shall pay any reasonable 
                        administrative costs incurred by the Secretary 
                        in making the conveyance.
                    (E) Automatic transfer of land.--On the date on 
                which the State Park is established, the parcel of land 
                described in section 4(b)(1)(B)(ii), and any other 
                parcel of land that is located within the State Park 
                and purchased by the United States from a willing 
                seller, shall be transferred to the Board for 
                incorporation into the State Park.
                    (F) Mineral interests.--
                            (i) In general.--The United States shall 
                        retain any mineral interests in the land 
                        conveyed under subparagraph (A).
                            (ii) Withdrawal.--Beginning on the date of 
                        enactment of this Act, and subject to valid 
                        existing rights, the land described in 
                        subparagraph (B) shall be permanently withdrawn 
                        from all forms of entry and appropriation under 
                        the mining and mineral leasing laws, including 
                        the Geothermal Steam Act of l970 (30 U.S.C. 
                        1001 et seq.).
                    (G) Fees; concessions contracts.--Nothing in this 
                Act prohibits the Board from--
                            (i) charging reasonable entry or user fees 
                        for the State Park; or
                            (ii) entering into concession contracts to 
                        manage the State Park.
                    (H) Reversion.--If the land conveyed under 
                subparagraph (A) is used in a manner that is 
                inconsistent with the uses described in subparagraph 
                (D), the land shall, at the discretion of the Secretary 
                of the Interior, revert to the United States.
                    (I) Adjacent management.--
                            (i) Finding.--Congress finds that land in 
                        close proximity to the State Park is or has 
                        been the site of--
                                    (I) mining or mining related 
                                activities or operations;
                                    (II) livestock grazing; and
                                    (III) agricultural activities.
                            (ii) No protective perimeter or buffer.--
                        The establishment of the State Park shall not 
                        create any protective perimeter or buffer zone 
                        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.
                    (J) Effect.--The establishment of the State Park 
                does not impose new or additional requirements or 
                restrictions under the laws of the United States with 
                respect to the permitting, management, or conduct of 
                mining operations and other activities outside the 
                boundaries of the State Park.
            (2) State park access road.--
                    (A) In general.--To provide safe and reasonable 
                public access to the State Park, on request by the 
                Board, the Secretary of the Interior shall grant the 
                Board a right-of-way for the construction of an access 
                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) Road costs.--
                            (i) Payment by resolution copper.--As a 
                        condition of the conveyance authorized under 
                        section 4(a), Resolution Copper shall pay to 
                        the Secretary of the Interior $500,000 to be 
                        used for the construction of any road under 
                        this paragraph.
                            (ii) Payment by secretary of the 
                        interior.--On the date of receipt of the amount 
                        paid to the Secretary of the Interior by 
                        Resolution Copper under clause (i), the 
                        Secretary of the Interior shall pay to the 
                        Board an amount equal to the amount received by 
                        Resolution Copper to be used for the 
                        construction of any road under this paragraph.
                            (iii) Additional costs.--The Board shall be 
                        responsible for each cost in excess of the 
                        amount paid by the Secretary of the Interior to 
                        the Board relating to the construction and 
                        maintenance of any road under this paragraph.
    (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 of the 
        Interior shall, subject to paragraphs (2) and (3), continue to 
        administer and allow public access to, and use of, rock 
        climbing sites on the Federal land, other than the excluded 
        areas described in paragraph (2).
            (2) Excluded areas.--The excluded areas referred to in 
        paragraph (1) are the climbing sites on the Federal land known 
        as the ``Mine Area'' and ``Eurodog Valley'' areas, as generally 
        depicted on the map entitled ``Mine Area, Eurodog Valley, and 
        Magma Mine Road Closure Sites'' and dated February 2006.
            (3) Closure to public use.--
                    (A) In general.--If any of the areas described in 
                paragraph (2) have not been closed to public use as of 
                the date of enactment of this Act, the areas shall be 
                closed to public use on the date of enactment of this 
                Act.
                    (B) Magma mine road.--
                            (i) In general.--Except as provided in 
                        clause (ii), on the date of enactment of this 
                        Act, the Magma Mine Road shall be closed to 
                        further public use.
                            (ii) Exception.--The closure under clause 
                        (i) shall not apply to the road segment of the 
                        Magma Mine Road needed to access the Oak Flat 
                        Campground during the period described in 
                        subsection (a)(3)(A).
            (4) Boulderblast competition.--During the period beginning 
        on the date of enactment of this Act and ending on the date 
        that is 5 years after the date of enactment of this Act, the 
        Secretary, in consultation with Resolution Copper, may issue 
        not more than 1 special use permit per year to provide public 
        access to the bouldering area on the Federal land for purposes 
        of the annual ``BoulderBlast'' competition.
            (5) Liability.--Resolution Copper shall not be liable for 
        any public use of the Federal land under paragraph (3) or (4).

SEC. 9. ARIZONA LAND FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund (referred to in this section as the ``Fund''), 
consisting of the amounts paid by Resolution Copper to the Secretary of 
the Treasury under sections 4(b)(2) and 5(b)(1).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraph (2), on a joint 
        request by the Secretary and the Secretary of the Interior, the 
        Secretary of the Treasury shall transfer from the Fund to the 
        Secretary such amounts as the Secretary and the Secretary of 
        the Interior determine are necessary to purchase land, or 
        interests in land, under subsection (c).
            (2) Administrative expenses.--An amount not exceeding 2 
        percent of the amounts in the Fund shall be available for each 
        fiscal year to pay the administrative expenses necessary to 
        carry out this Act.
    (c) Uses of Fund.--The Secretary and the Secretary of the Interior 
shall jointly use amounts in the Fund to purchase from willing sellers 
land, including interests in land, that is--
            (1) located within the hydrographic boundary of the San 
        Pedro River (including tributaries of the San Pedro River); or
            (2) determined by the Secretary and the Secretary of the 
        Interior to be an acquisition priority in the State.

SEC. 10. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders; Withdrawal.--
            (1) Revocation of orders.--Any public land order that 
        withdraws the Federal land or the land to be conveyed to the 
        Board under section 8(b)(1) from appropriation or disposal 
        under a public land law shall be revoked to the extent 
        necessary to permit disposal of the land.
            (2) Withdrawal.--On the date of enactment of this Act, if 
        the Federal land 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).
    (b) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary concerned, 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 concerned, Resolution 
        Copper, or the Board, as appropriate, mutually agree otherwise.
            (3) Availability.--
                    (A) In general.--On the date of enactment of this 
                Act, the Secretary shall file and make available for 
                public inspection in the Office of the Supervisor, 
                Tonto National Forest, any map referred to in this Act.
                    (B) Other maps.--Any maps accompanying the State 
                Park conveyance and road access under section 8 shall 
                be made available for public inspection in the Arizona 
                Office of the Bureau of Land Management.
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