1.Short title; table of
contents
(a)This Act may be cited
as the Southeast Arizona Land Exchange
and Conservation Act of 2007
.
(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. 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.
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—
(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.
3.In this Act:
(1)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)The term Arizona Land Fund means the fund
established by section 9(a).
(3)The
term Board means the Arizona State Parks Board, an entity
established by the State legislature.
(4)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)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)The
term grantee means the 1 or more entities that are granted the
permanent conservation easement under section 6(a).
(7)The
term map means the map entitled Southeast Arizona Land
Exchange and Conservation Act of 2005-Federal Parcel-Oak Flat
, dated
January 2005.
(8)The term non-Federal land means the land
described in section 4(b)(1).
(9)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)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)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)The
term Secretary means Secretary of Agriculture.
(13)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)The
term State means the State of Arizona.
(15)The term State Park means the proposed rock
climbing State park—
(A)authorized under
Ariz. Rev. Stat. § 41–511.16 (2007); and
(B)as depicted on
the map entitled Tam O'Shanter Area State Park
and dated
September 22, 2006.
(16)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 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)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)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)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)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)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 exchangesIn 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)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)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)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.
5.Valuation of
land exchanged or conveyed
(a)
(1)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)
(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 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)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)
(I)Cash
equalization paymentsAny 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 townAny 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)
(I)Cash
equalization paymentsAmounts deposited under clause (i)(I) shall
be available and expended in accordance with section 9(b).
(II)Payment for
land conveyed to townAmounts 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 considerationIf 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)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 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.
6.Apache Leap
natural and cultural resource conservation easement
(a)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)The area of the conservation easement under this section
shall be the surface estate of Apache Leap.
(c)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)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)
(1)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)The Secretary may manage the Notch in accordance with
the terms of the conservation easement under this section.
(f)Additional
protections and accessNot 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)
(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) shall be considered to be a donation by Resolution
Copper to the United States.
(h)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).
7.Incorporation,
management, and status of acquired land
(a)Land acquired
by the Secretary
(1)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)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)
(A)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 InteriorUpon 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)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 RiverTo 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)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.).
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, 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)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)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)
(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 in making the conveyance.
(E)Automatic
transfer of landOn 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)
(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.).
(G)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.
(H)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)
(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.
(J)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, 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)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)Payment by
Resolution CopperAs 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 InteriorOn 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)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)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)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)
(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, 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)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)
(1)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)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)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.
10.
(a)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).
(b)Maps,
estimates, and descriptions
(1)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)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)
(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.