[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3157 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3157

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2008

    Mr. Kyl 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 
    System 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.

    This Act may be cited as the ``Southeast Arizona Land Exchange and 
Conservation Act of 2008''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to advance the public interest by authorizing, 
        directing, facilitating, and expediting the conveyance and 
        exchange of land between the United States and Resolution 
        Copper Mining, LLC; and
            (2) to provide for 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) Federal land.--The term ``Federal land'' means the 
        approximately 3,025 acres of land located in Pinal County, 
        Arizona, depicted on the map entitled ``Southeast Arizona Land 
        Exchange and Conservation Act of 2005--Federal Parcel--Oak 
        Flat'', dated January 2005.
            (3) Grantee.--The term ``grantee'' means the 1 or more 
        entities that are granted the permanent conservation easement 
        under section 6(a).
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the land described in section 4(b)(1).
            (5) Oak flat campground.--The term ``Oak Flat Campground'' 
        means the campground that is--
                    (A) comprised of approximately 16 developed 
                campsites (including the approximately 75 acres 
                adjacent to the campsites); and
                    (B) generally depicted on the map entitled ``Oak 
                Flat Campground'', dated May 2008.
            (6) 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 Mining, LLC.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) 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 from Resolution Copper of a written 
offer to convey to the United States all right, title, and interest of 
Resolution Copper in and to the non-Federal land that is acceptable to 
the Secretary or the Secretary of the Interior, as appropriate, and 
that conforms to the title approval standards of the Attorney General 
applicable to Federal land acquisitions, the Secretary shall--
            (1) accept the offer; and
            (2) 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) Conveyance of Land.--On receipt of title to the Federal land 
under subsection (a), Resolution Copper shall simultaneously convey--
            (1) to the Secretary, all right, title, and interest that 
        the Secretary determines to be acceptable in and 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 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;
                    (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
                    (F) the approximately 95 acres of land located in 
                Pinal County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2008--Non-Federal Parcel--The Pond'', dated May 
                2008; and
            (2) to the Secretary of the Interior, all right, title, and 
        interest that the Secretary of the Interior determines to be 
        acceptable in and to--
                    (A) 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;
                    (B) 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; and
                    (C) 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 2008--Non-Federal Parcel--Appleton 
                Ranch'', dated May 2008.
    (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 
        (b) is completed, 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 and subject to any credit under 
        section 5(b)(3), 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 (b) should 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.
    (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 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 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.
    (g) Pre-Exchange Processing.--Before completing the land exchange 
under subsection (b), the Secretary or the Secretary of the Interior, 
as appropriate, shall complete--
            (1) any necessary land survey; and
            (2) any required clearance, review, mitigation activity, or 
        approval relating to any threatened and endangered species, 
        cultural or historic resource, wetlands and floodplains, or 
        hazardous material.
    (h) Post-Exchange Processing.--Before commencing production in 
commercial quantities of any valuable mineral from the Federal land 
conveyed to Resolution Copper pursuant to subsection (a)(2) (except for 
any such production from any exploration and mine development shafts, 
adits, and tunnels needed to determine feasibility and pilot plant 
testing of commercial production or to access the ore body and tailings 
deposition areas), the Secretary shall publish an environmental impact 
statement in accordance with section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C.4322(2)(C)) regarding any 
Federal agency action carried out relating to the commercial 
production, including an analysis of the impacts of the production.

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 appraisal.--
                    (A) Treatment as unencumbered.--
                            (i) In general.--Subject to clause (ii), 
                        the value of the Federal land shall be 
                        determined as if the land is unencumbered by 
                        any unpatented mining claims of Resolution 
                        Copper.
                            (ii) Effect.--Nothing in this Act affects 
                        the validity of any unpatented mining claim or 
                        right of Resolution Copper.
                    (B) Appraisal information.--To provide any 
                information necessary to calculate a value adjustment 
                payment for purposes of section 10, the appraisal under 
                this paragraph shall include a detailed royalty income 
                approach analysis, in accordance with the Uniform 
                Appraisal Standards for Federal Land Acquisition, of 
                the market value of the Federal land, regardless of 
                whether that analysis does not reflect the appraisal 
                approach relied on by the appraiser to determine the 
                final market value of the Federal land.
    (b) Equalization of Value-Surplus of Federal Land Value.--
            (1) In general.--If the final appraised value of the 
        Federal land exceeds the value of the non-Federal land, 
        Resolution Copper shall make a cash equalization payment to the 
        Secretary to equalize the values of the Federal land and non-
        Federal land.
            (2) 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 paragraph (1) in an amount that is greater than 25 
        percent of the value of the Federal land.
            (3) Disposition and use of proceeds.--A cash equalization 
        payment received by the Secretary under paragraph (1) shall--
                    (A) without further appropriation, be deposited in 
                the Federal Land Disposal Account established by 
                section 206(a) of the Federal Land Transaction 
                Facilitation Act (43 U.S.C. 2305(a)); and
                    (B) regardless of whether that account is 
                terminated, remain available to the Secretary and the 
                Secretary of the Interior, as jointly determined to be 
                appropriate, for--
                            (i) the acquisition from willing sellers, 
                        during the 2-year period beginning on the date 
                        on which the payment is deposited in the 
                        Federal Land Disposal Account, of land or 
                        interests in land within the hydrographic 
                        boundary of the San Pedro River (including 
                        tributaries) in the State of Arizona; or
                            (ii) the management and protection of 
                        endangered species and other sensitive land or 
                        environmental values in the San Pedro Riparian 
                        National Conservation Area established by 
                        section 101 of the Arizona-Idaho Conservation 
                        Act of 1988 (16 U.S.C. 460xx), including 
                        management under any applicable cooperative 
                        agreement between the Secretary of the Interior 
                        and an appropriate State or local agency or 
                        qualified organization under section 103(c) of 
                        that Act (16 U.S.C. 460xx-2(c)).
    (c) Surplus of Non-Federal Land Value.--If the final appraised 
value of the non-Federal land exceeds the value of the Federal land 
involved in the exchange under section 4--
            (1) the Secretary shall not make a payment to Resolution 
        Copper to equalize the values of the land; and
            (2) the surplus value of the non-Federal consideration 
        shall be considered a donation by Resolution Copper to the 
        United States.
    (d) Payment for Land Conveyed to Town.--
            (1) 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).
            (2) Credit.--If the final appraised value of the non-
        Federal land exceeds the value of the Federal land in the 
        exchange under section 4, the obligation of the Town to pay the 
        United States under paragraph (1) shall be reduced by an amount 
        equal to the excess value of the non-Federal consideration.
            (3) Deposits.--The Secretary shall deposit any amounts 
        received from the Town under this subsection in the fund 
        established under Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a).
            (4) Use of funds.--Amounts deposited under paragraph (3) 
        shall be available to the Secretary until expended, without 
        further appropriation, for the acquisition of land or interests 
        in land in the National Forest System in the State of Arizona.
    (e) Conforming Amendment.--Section 103(c) of the Arizona-Idaho 
Conservation Act of 1988 (16 U.S.C. 460xx-2(c)) is amended by inserting 
``or qualified organizations (as defined in section 170(h) of the 
Internal Revenue Code of l986)'' after ``State and local agencies''.

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, 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 parties, 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 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 area labeled and depicted on the map referred to in 
        section 3(1) 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, Resolution Copper 
and the grantee, in consultation with the Town, interested 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(b) shall--
                    (A) become part of the National Forest within which 
                the land is located; and
                    (B) be administered in accordance with the laws 
                (including regulations) applicable to the National 
                Forest System.
            (2) Boundaries.--For purposes of section 7 of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et seq.), 
        the boundaries of a National Forest in which land acquired by 
        the Secretary is located shall be deemed to be the boundaries 
        of that forest as in existence on January 1, 1965.
            (3) Management of ji ranch.--
                    (A) In general.--On the date on which the Secretary 
                acquires the JI Ranch parcel described in section 
                4(b)(1)(A)(iv), the Secretary 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.--On receipt of a 
                request from the Yavapai or Apache Indian tribe, the 
                Secretary 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) Lower san pedro river land.--To preserve and enhance 
        the natural character and conservation value of the land 
        described in section 4(b)(1)(B)(i), on acquisition of the land 
        by the Secretary of the Interior, the land shall be--
                    (A) incorporated in, and administered as part of, 
                the San Pedro Riparian National Conservation Area 
                established by section 101 of the Arizona-Idaho 
                Conservation Act of 1988 (16 U.S.C. 460xx); and
                    (B) managed to preserve or enhance the conservation 
                values of the Conservation Area in accordance with that 
                Act.
    (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, 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) Replacement Campground.--
            (1) In general.--Not later than 4 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).
            (2) Public facilities.--Any replacement campgrounds under 
        this subsection 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.
            (3) Costs of replacement.--Resolution Copper shall pay the 
        actual cost to the Secretary of designing, constructing, and 
        providing access to any replacement campgrounds under this 
        subsection, not to exceed $ 1,000,000.
    (b) Interim Oak Flat Campground Access.--
            (1) In general.--The document conveying the Federal land to 
        Resolution Copper under section 4(a) shall specify that--
                    (A) during the 4-year period beginning on the date 
                of enactment of this Act, the Secretary shall retain 
                title to, operate, and maintain the Oak Flat 
                Campground; and
                    (B) at the end of that 4-year period--
                            (i) the withdrawal of the Oak Flat 
                        Campground shall be revoked; and
                            (ii) title to the Oak Flat Campground shall 
                        be simultaneously conveyed to Resolution 
                        Copper.
            (2) Liability.--During the interim period described in 
        paragraph (1)(A), Resolution Copper shall not be liable for any 
        public use of the Oak Flat Campground.
    (c) Mineral Exploration.--During the 4-year period described in 
subsection (b)(1)(A)--
            (1) the Oak Flat campground shall remain withdrawn from all 
        forms of entry and appropriation under the public land laws 
        (including the mining and mineral leasing laws); but
            (2) Resolution Copper shall have the right to explore for 
        minerals under the Oak Flat Campground by directional drilling 
        or any other method that does not disturb the land surface of 
        the Oak Flat Campground.
    (d) BoulderBlast Competition.--During 5-year period beginning on 
the date of enactment of this Act, the Secretary, in consultation with 
Resolution Copper, may issue not more than 1 special use permit per 
calendar year to provide public access to the bouldering area on the 
Federal land for purposes of the annual ``BoulderBlast'' competition.
    (e) Liability.--Resolution Copper shall not be liable for any 
public use of the Federal land under subsection (c) or (d).

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Revocation of Orders; Withdrawal.--
            (1) Revocation of orders.--Any public land order that 
        withdraws the Federal land 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 and any non-Federal land required to be 
        exchanged under this Act are 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 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 and Resolution Copper, 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 and Resolution Copper 
        mutually agree otherwise.
            (3) Availability.--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.

SEC. 10. VALUE ADJUSTMENT PAYMENT.

    (a) Annual Production Reporting.--
            (1) In general.--Beginning on February 15 of the calendar 
        year beginning after the date of commencement of production of 
        valuable locatable minerals in commercial quantities from the 
        Federal land, and annually thereafter, Resolution Copper shall 
        submit to the Secretary of the Interior a report describing the 
        quantity of locatable minerals in commercial quantities 
        produced from the Federal land during the period covered by the 
        report.
            (2) Requirements.--Each annual report under paragraph (1) 
        shall be prepared in accordance with applicable Federal 
        recordkeeping and reporting requirements relating to the 
        production of valuable locatable minerals in commercial 
        quantities on Federal land during the period covered by the 
        report.
    (b) Payment on Production.--
            (1) In general.--If and when the cumulative production of 
        valuable locatable minerals in commercial quantities produced 
        from the Federal land exceeds the quantity of production of 
        locatable minerals used in the royalty income approach analysis 
        under the Uniform Appraisal Standards for Federal Land 
        Acquisitions prepared under section 5(a)(4)(B), Resolution 
        Copper shall pay to the United States, on or before March 15 of 
        the following calendar year, a value adjustment payment at a 
        rate equal to--
                    (A) the Federal royalty rate, if any, in effect for 
                the production of valuable locatable minerals from 
                Federal land before December 31, 2012; or
                    (B) if such a Federal royalty rate is not in effect 
                before December 31, 2012, the royalty rate used for 
                purposes of the royalty income approach analysis 
                prepared under section 5(a)(4)(B).
            (2) Use of funds.--Any funds paid to the United States 
        under paragraph (1) shall--
                    (A) be deposited in a special account in the 
                Treasury of the United States; and
                    (B) remain available, without further 
                appropriation, to the Secretary and the Secretary of 
                the Interior, as may jointly determined to be 
                appropriate, for the acquisition from willing sellers 
                of land or interests in land in the State of Arizona.
    (c) No Effect on State Law.--Nothing in this Act modifies, expands, 
diminishes, amends, or otherwise affects any provision of State law 
(including regulations), including any law or regulations relating to 
the imposition, application, timing, or collection of a State excise or 
severance tax under Arizona Revised Statutes 42-5201-5206.
                                 <all>