[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 409 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 409

  To secure Federal ownership and management of significant natural, 
 scenic, and recreational resources, to provide for the protection of 
 cultural resources, to facilitate the efficient extraction of mineral 
 resources by authorizing and directing an exchange of Federal and non-
                 Federal land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2009

  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 secure Federal ownership and management of significant natural, 
 scenic, and recreational resources, to provide for the protection of 
 cultural resources, to facilitate the efficient extraction of mineral 
 resources by authorizing and directing an exchange of Federal and non-
                 Federal land, 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 2009''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to authorize, direct, facilitate, and expedite the 
        conveyance and exchange of land between the United States and 
        Resolution Copper;
            (2) to provide for the permanent protection of cultural 
        resources and uses of the Apache Leap escarpment located near 
        the town of Superior, Arizona; and
            (3) to secure Federal ownership and protection of land with 
        significant natural, scenic, recreational, water, riparian, 
        cultural and other resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apache leap.--The term ``Apache Leap'' means the 
        approximately 822 acres of land (including the approximately 
        110 acres of land of Resolution Copper described in section 
        4(c)(1)(G)), as depicted on the map entitled ``Apache Leap'' 
        and dated January 2009.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 2,406 acres of land located in Pinal County, 
        Arizona, depicted on the map entitled ``Southeast Arizona Land 
        Exchange and Conservation Act of 2009-Federal Parcel-Oak Flat'' 
        and dated January 2009.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        each parcel of land described in section 4(c).
            (4) Oak flat campground.--The term ``Oak Flat Campground'' 
        means the campground that is--
                    (A) comprised of approximately 16 developed 
                campsites and adjacent acreage at a total of 
                approximately 50 acres; and
                    (B) depicted on the map entitled ``Oak Flat 
                Campground'' and dated January 2009.
            (5) Oak flat withdrawal area.--The term ``Oak Flat 
        Withdrawal Area'' means the approximately 760 acres of land 
        depicted on the map entitled ``Oak Flat Withdrawal Area'' and 
        dated January 2009.
            (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) Secretary concerned.--The term ``Secretary concerned'' 
        means the Secretary of Agriculture or the Secretary of the 
        Interior, as applicable.
            (9) Town.--The term ``Town'' means the Town of Superior, 
        Arizona, an incorporated municipality.

SEC. 4. LAND CONVEYANCES AND EXCHANGES.

    (a) Purposes.--The purposes of the land conveyances and exchanges 
under this section are--
            (1) to secure Federal ownership and protection of 
        significant natural, scenic, and recreational resources; and
            (2) to facilitate efficient extraction of mineral 
        resources.
    (b) Offer by Resolution Copper.--
            (1) In general.--Subject to section 9(b)(1), if Resolution 
        Copper submits to the Secretary of Agriculture a written offer, 
        in accordance with paragraph (2), to convey to the United 
        States all right, title, and interest of Resolution Copper in 
        and to the non-Federal land, the Secretary shall--
                    (A) accept the offer; and
                    (B) convey to Resolution Copper all right, title, 
                and interest of the United States in and to the Federal 
                land, subject to--
                            (i) section 10(c); and
                            (ii) any valid existing right or title 
                        reservation, easement, or other exception 
                        required by law or agreed to by the Secretary 
                        concerned and Resolution Copper.
            (2) Requirements.--Title to any non-Federal land conveyed 
        by Resolution Copper to the United States under paragraph (1) 
        shall--
                    (A) be in a form that is acceptable to the 
                Secretary concerned; and
                    (B) conform to the title approval standards of the 
                Attorney General of the United States applicable to 
                land acquisitions by the Federal Government.
    (c) Resolution Copper Land Exchange.--On receipt of title to the 
Federal land under subsection (b)(1)(B), Resolution Copper shall 
simultaneously convey--
            (1) to the Secretary of Agriculture, 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 2009-Non-Federal Parcel-Turkey Creek'' and dated 
                January 2009;
                    (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 2009-Non-Federal Parcel-Tangle Creek'' and dated 
                January 2009;
                    (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 2009-Non-Federal Parcel-Cave Creek'' and dated 
                January 2009;
                    (D) the approximately 88 acres of land located in 
                Pinal County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2009-Non-Federal Parcel-J-I Ranch'' and dated 
                January 2009;
                    (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 2009-Non-Federal Parcel-East Clear Creek'' and dated 
                January 2009;
                    (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 2009-Non-Federal Parcel-The Pond'' and dated January 
                2009; and
                    (G) subject to the retained rights under subsection 
                (d)(2), the approximately 110 acres of land located in 
                Pinal County, Arizona, depicted on the map entitled 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2009-Non-Federal Parcel-Apache Leap South End'' and 
                dated January 2009; 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 
                ``Southeast Arizona Land Exchange and Conservation Act 
                of 2009-Non-Federal Parcel-Lower San Pedro River'' and 
                dated January 2009;
                    (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 2009-Non-Federal Parcel-Dripping 
                Springs'' and dated January 2009; 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 2009-Non-Federal Parcel-Appleton 
                Ranch'' and dated January 2009.
    (d) Additional Consideration to United States.--
            (1) Surrender of rights.--Subject to paragraph (2), in 
        addition to the non-Federal land to be conveyed to the United 
        States under subsection (c), and as a condition of the land 
        exchange under this section, Resolution Copper shall surrender 
        to the United States, without compensation, the rights held by 
        Resolution Copper under mining and other laws of the United 
        States--
                    (A) to commercially extract minerals under--
                            (i) Apache Leap; or
                            (ii) the parcel identified in subsection 
                        (c)(1)(F); and
                    (B) to disturb the surface of Apache Leap, except 
                with respect to such fences, signs, monitoring wells, 
                and other devices, instruments, or improvements as are 
                necessary to monitor the public health and safety or 
                achieve other appropriate administrative purposes, as 
                determined by the Secretary, in consultation with 
                Resolution Copper.
            (2) Exploration activities.--Nothing in this Act prohibits 
        Resolution Copper from using any existing mining claim held by 
        Resolution Copper on Apache Leap, or from retaining any right 
        held by Resolution Copper to the parcel described in subsection 
        (c)(1)(G), to carry out any underground activities under Apache 
        Leap in a manner that the Secretary determines will not 
        adversely impact the surface of Apache Leap (including drilling 
        or locating any tunnels, shafts, or other facilities relating 
        to mining, monitoring, or collecting geological or hydrological 
        information) that do not involve commercial mineral extraction 
        under Apache Leap.
    (e) Use of Equalization Payment.--
            (1) Payment.--Resolution Copper shall pay into the Federal 
        Land Disposal Account established by section 206(a) of the 
        Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)) 
        (or any successor account) any cash equalization funds owed by 
        Resolution Copper to the United States under section 7(b)(1), 
        to remain available until expended, without further 
        appropriation, to the Secretary and the Secretary of the 
        Interior, as the Secretaries jointly determine to be 
        appropriate, for--
                    (A) the acquisition from willing sellers of land or 
                interests in land within the hydrographic boundary of 
                the San Pedro River and tributaries in the State of 
                Arizona; and
                    (B) the management and protection of endangered 
                species and other sensitive environmental values and 
                land within the San Pedro Riparian National 
                Conservation Area established by section 101(a) of the 
                Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 
                460xx(a)) (including any additions to the area), 
                including management under any cooperative management 
                agreement entered into by the Secretary of the Interior 
                and a State or local agency under section 103(c) of 
                that Act (16 U.S.C. 460xx-2(c)).
            (2) Period of use.--To the maximum extent feasible, the 
        amount paid into the Federal Land Disposal Account by 
        Resolution Copper under paragraph (1) shall be used by the 
        Secretary and the Secretary of the Interior during the 2-year 
        period beginning on the date of payment.
            (3) Cooperative management agreements.--The Secretary of 
        the Interior may enter into such cooperative management 
        agreements with qualified organizations (as defined in section 
        170(h) of the Internal Revenue Code of 1986) as the Secretary 
        of the Interior determines to be appropriate to administer 
        portions of the San Pedro Riparian National Conservation Area.

SEC. 5. TIMING AND PROCESSING OF EXCHANGE.

    (a) Sense of Congress Regarding Timing of Exchange.--It is the 
sense of Congress that the land exchange directed by section 4 should 
be consummated by not later than 1 year after the date of enactment of 
this Act.
    (b) Exchange Processing.--Before the date of consummation of the 
exchange under section 4, the Secretary concerned shall complete any 
necessary land surveys and required preexchange clearances, reviews, 
mitigation activities, and approvals relating to--
            (1) threatened or endangered species;
            (2) cultural or historic resources;
            (3) wetland or floodplains; or
            (4) hazardous materials.
    (c) Post-Exchange Processing.--Before commencing production in 
commercial quantities of any valuable mineral from the Federal land 
conveyed to Resolution Copper under section 4(b)(1)(B) (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.
    (d) Oak Flat Withdrawal Area Restriction.--
            (1) Mineral exploration.--To ensure the collection and 
        consideration of adequate information to analyze possible 
        commercial production of minerals by Resolution Copper from the 
        Oak Flat Withdrawal Area, notwithstanding any other provision 
        of law, Resolution Copper may carry out mineral exploration 
        activities under the Oak Flat Withdrawal Area during the period 
        beginning on the date of enactment of this Act and ending on 
        the date of conveyance of the Oak Flat Withdrawal Area to 
        Resolution Copper under section 4(b)(1)(B) by directional 
        drilling or any other method that will not disturb the surface 
        of the land.
            (2) Sense of congress regarding permit.--It is the sense of 
        Congress that the Secretary should issue to Resolution Copper a 
        permit to conduct appropriate directional drilling or other 
        nonsurface-disturbing exploration in the Oak Flat Withdrawal 
        Area as soon as practicable after the date of enactment of this 
        Act.
    (e) Exchange and Post-Exchange Costs.--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 such contractors as are necessary for carrying 
        out any exchange or conveyance of land under this Act; and
            (2) paying, without compensation under section 254.7 of 
        title 36, Code of Federal Regulations (or a successor 
        regulation)--
                    (A) the costs of any appraisal relating to an 
                exchange or conveyance under this Act, 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 clearances, reviews, 
                mitigation activities, and approvals under subsection 
                (b), including any necessary land surveys conducted by 
                the Bureau of Land Management Cadastral Survey program;
                    (C) the costs of achieving compliance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) under subsection (c); and
                    (D) 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 under this Act 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 agreement.--The Secretary of Agriculture and 
        the Secretary of the Interior may mutually agree to designate 
        the Secretary of Agriculture as the lead actor for any action 
        under this subsection.

SEC. 6. CONVEYANCE OF LAND TO TOWN.

    (a) Conveyance Requirements.--
            (1) In general.--On receipt of a request from the Town 
        described in paragraph (2), the Secretary shall convey to the 
        Town each parcel requested.
            (2) Description of request.--A request referred to in 
        paragraph (1) is a request by the Town--
                    (A) for the conveyance of 1 or more of the parcels 
                identified in subsection (b); and
                    (B) that is submitted to the Secretary by not later 
                than 90 days after the date of consummation of the land 
                exchange under section 4.
            (3) Price.--The Town shall pay to the Secretary a price 
        equal to the market value of any land conveyed under this 
        subsection, as appraised under section 7, less the amount of 
        any credit under section 7(b)(3).
    (b) Identification of Parcels.--The Town may request conveyance of 
any of--
            (1) 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 2009-
        Federal Parcel-Fairview Cemetery'' and dated January 2009;
            (2) 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 2009-Federal Reversionary Interest-Superior Airport'' and 
        dated January 2009; and
            (3) all or any portion of the approximately 250 acres of 
        land located in Pinal County, Arizona, depicted on the map 
        entitled ``Southeast Arizona Land Exchange and Conservation Act 
        of 2009-Federal Parcel-Superior Airport Contiguous Parcels'' 
        and dated January 2009.
    (c) Condition of Conveyance.--A conveyance of land under this 
section 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.

SEC. 7. VALUATION OF LAND EXCHANGED OR CONVEYED.

    (a) Exchange Valuation.--
            (1) In general.--The value of the land to be exchanged 
        under section 4 or conveyed to the Town under section 6 shall 
        be determined by the Secretary through concurrent 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, in accordance with section 
                        254.14 of title 36, Code of Federal Regulations 
                        (or a successor regulation), after an exchange 
                        agreement is entered into by Resolution Copper 
                        and the Secretary.
                    (C) Public review.--Before consummating the 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) In general.--The Federal land shall be 
                appraised in accordance with the standards and 
                instructions referred to in paragraph (2)(A)(ii) and 
                other applicable requirements of this section.
                    (B) Treatment as unencumbered.--The value of the 
                Federal land outside the Oak Flat Withdrawal Area shall 
                be determined as if the land is unencumbered by any 
                unpatented mining claims of Resolution Copper.
                    (C) Effect.--Nothing in this Act affects the 
                validity of any unpatented mining claim or right of 
                Resolution Copper.
                    (D) Additional appraisal information.--To provide 
                information necessary to calculate a value adjustment 
                payment for purposes of section 12, the appraiser under 
                this paragraph shall include in the appraisal report 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, even if the royalty income approach 
                analysis is not the appraisal approach relied on by the 
                appraiser to determine the final market value of the 
                Federal land.
    (b) Equalization of Value.--
            (1) Surplus of federal land value.--
                    (A) In general.--If the final appraised value of 
                the Federal land exceeds the value of the non-Federal 
                land involved in the exchange under section 4, 
                Resolution Copper shall make a cash equalization 
                payment into the Federal Land Disposal Account (as 
                provided in subsection (e)) to equalize the values of 
                the Federal land and non-Federal land.
                    (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 United States 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.
            (2) 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--
                    (A) the United States shall not make a payment to 
                Resolution Copper to equalize the values of the land; 
                and
                    (B) the surplus value of the non-Federal land shall 
                be considered to be 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 6, 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 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 subparagraph (A) 
                shall be reduced by an amount equal to the excess value 
                of the non-Federal land conveyed to the United States.
            (4) Disposition and use of proceeds.--
                    (A) Cash equalization payments.--Any cash 
                equalization payment under paragraph (1)(A) shall be 
                deposited, without further appropriation, in the 
                Federal Land Disposal Account for use in accordance 
                with section 4(e).
                    (B) Payment for land conveyed to town.--Any payment 
                received by the Secretary from the Town under paragraph 
                (3)(A) shall be--
                            (i) deposited in the fund established under 
                        Public Law 90-171 (commonly known as the ``Sisk 
                        Act'') (16 U.S.C. 484a); and
                            (ii) made available to the Secretary, 
                        without further appropriation, for the 
                        acquisition of land for addition to the 
                        National Forest System in the State of Arizona.

SEC. 8. APACHE LEAP PROTECTION AND MANAGEMENT.

    (a) Apache Leap Protection and Management.--
            (1) In general.--To permanently protect the cultural, 
        historic, educational, and natural resource values of Apache 
        Leap, effective beginning on the date of enactment of this Act, 
        the Secretary shall--
                    (A) manage Apache Leap in accordance with the laws 
                (including regulations) applicable to the National 
                Forest System; and
                    (B) place special emphasis on preserving the 
                natural character of Apache Leap.
            (2) Withdrawal.--Subject to the valid existing rights of 
        Resolution Copper under section 4(d)(2), effective beginning on 
        the date of enactment of this Act, Apache Leap shall be 
        permanently withdrawn from all forms of entry and appropriation 
        under--
                    (A) the public land laws (including the mining and 
                mineral leasing laws); and
                    (B) the Geothermal Steam Act of 1970 (30 U.S.C. 
                1001 et seq.).
    (b) Additional Protections, Analysis, and Plan.--
            (1) Management plan.--Not later than 4 years after the date 
        of enactment of this Act, the Secretary, in consultation with 
        the Town, Resolution Copper, the Yavapai and Apache Indian 
        tribes, and other interested members of the public, shall 
        solicit public comment regarding, and initiate implementation 
        of, a management plan for Apache Leap.
            (2) Planning considerations.--The plan described in 
        paragraph (1) shall examine, among other matters, whether 
        Apache Leap should be managed to establish--
                    (A) additional cultural and historical resource 
                protections or measures, including permanent or 
                seasonal closures of any portion of Apache Leap to 
                protect cultural or archeological resources;
                    (B) additional or alternative public access routes, 
                trails, and trailheads to Apache Leap; or
                    (C) additional opportunities (including appropriate 
                access) for rock climbing, with special emphasis on 
                improved rock climbing access to Apache Leap from the 
                west.
    (c) Mining Activities.--Nothing in this section imposes any 
restriction on any exploration or mining activity carried out by 
Resolution Copper outside of Apache Leap after the date of enactment of 
this Act.

SEC. 9. INCORPORATION, MANAGEMENT, AND STATUS OF ACQUIRED LAND.

    (a) Land Acquired by Secretary.--
            (1) In general.--Land acquired by the Secretary under this 
        Act shall--
                    (A) become part of the National Forest within which 
                the land is located; and
                    (B) be administered in accordance with the laws 
                (including regulations) applicable to the National 
                Forest System.
            (2) Boundaries.--For purposes of section 7 of the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et seq.), 
        the boundaries of a National Forest in which land acquired by 
        the Secretary is located shall be deemed to be the boundaries 
        of that forest as in existence on January 1, 1965.
            (3) Management of j-i ranch.--
                    (A) In general.--On the date on which the Secretary 
                acquires the J-I Ranch parcel described in section 
                4(c)(1)(D), 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 J-I Ranch during the period 
                in which the Yavapai or Apache Indian tribe carries out 
                any activity described in subparagraph (A)(ii).
    (b) Rock Climbing.--
            (1) In general.--Before consummating the land exchange 
        under section 4, Resolution Copper shall pay to the Secretary 
        $1,250,000.
            (2) Use of funds.--The Secretary shall use the amount 
        described in paragraph (1), without further appropriation, to 
        construct or improve road access, turnouts, trails, camping, 
        parking areas, or other facilities to promote and enhance rock 
        climbing, bouldering, and such other outdoor recreational 
        opportunities as the Secretary determines to be appropriate--
                    (A) in the general area north of Arizona State 
                Highway 60 encompassing the parcel described in section 
                4(c)(1)(F) and adjacent National Forest land to the 
                north of that parcel (commonly known as the ``upper 
                Pond area''); or
                    (B) in the areas commonly known as 
                ``Inconceivables'' and ``Chill Hill'' located in or 
                adjacent to secs. 26, 35, and 36, T. 2 S., R. 12 E., 
                Gila and Salt River Meridian.
            (3) Timing.--To the maximum extent practicable, the 
        Secretary shall use the amount described in paragraph (1) 
        during the 2-year period beginning on the date of consummation 
        of the land exchange under section 4.
            (4) The pond parcel work.--
                    (A) In general.--To improve rock climbing 
                opportunities in the parcel described in section 
                4(c)(1)(F) and the upper Pond area, Resolution Copper, 
                in consultation with the Secretary and rock climbing 
                interests, may construct roads or improve road access 
                to, construct trails, camping, parking areas, or other 
                facilities on, or provide other access to, the Pond 
                parcel described in section 4(c)(1)(F) before the date 
                of the conveyance under section 4(c).
                    (B) Costs.--Resolution Copper shall pay the cost of 
                any activity carried out under subparagraph (A), in 
                addition to the amount specified in paragraph (1).
    (c) Land Acquired by Secretary of Interior.--
            (1) In general.--Land acquired by the Secretary of the 
        Interior under this Act shall--
                    (A) become part of the Federal administrative area 
                (including the Las Cienegas National Conservation Area 
                or other national conservation area, if applicable) 
                within which the land is located or to which the land 
                is adjacent; and
                    (B) be managed in accordance with the laws 
                (including regulations) applicable to the Federal 
                administrative area or national conservation area 
                within which the land is located or to which the land 
                is adjacent.
            (2) Lower san pedro river land.--To preserve and enhance 
        the natural character and conservation value of the lower San 
        Pedro River land described in section 4(c)(2)(A), on 
        acquisition of the land by the Secretary of the Interior, the 
        land shall be automatically incorporated in, and administered 
        as part of, the San Pedro Riparian National Conservation Area.
    (d) 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. 10. OAK FLAT CAMPGROUND.

    (a) Replacement Campgrounds.--
            (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.
    (b) Costs of Replacement.--Resolution Copper shall pay the actual 
cost of designing, constructing, and providing access to any 
replacement campgrounds under this subsection, not to exceed 
$1,000,000.
    (c) Interim Oak Flat Campground Access.--The document conveying the 
Federal land to Resolution Copper under section 4(b) shall specify 
that--
            (1) 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
            (2) at the end of that 4-year period--
                    (A) the withdrawal of the Oak Flat Campground shall 
                be revoked; and
                    (B) title to the Oak Flat Campground shall be 
                simultaneously conveyed to Resolution Copper.
    (d) BoulderBlast Competition.--During the 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.

SEC. 11. TRADITIONAL ACORN GATHERING AND RELATED ACTIVITIES IN AND 
              AROUND OAK FLAT CAMPGROUND.

    (a) Sense of Congress Regarding Acorn Gathering.--In addition to 
the acorn gathering opportunities described in section 9(a)(3)(A)(ii), 
it is the sense of Congress that, on receipt of a request from the 
Apache or Yavapai Indian tribe or any other Indian tribe during the 
180-day period beginning on the date of conveyance of the Federal land 
to Resolution Copper under section 4, Resolution Copper should endeavor 
to negotiate and execute a revocable authorization to each applicable 
Indian tribe to use an area in and around the Oak Flat Campground for 
traditional acorn gathering and related activities.
    (b) Area and Terms.--The precise area and terms of use described in 
subsection (a)--
            (1) shall be agreed to by Resolution Copper and the 
        applicable Indian tribes; and
            (2) may be modified or revoked by Resolution Copper if 
        Resolution Copper, in consultation with the Indian tribes, 
        determines that all or a portion of the authorized use area 
        needs to be closed on a temporary or permanent basis--
                    (A) to protect the health or safety of users; or
                    (B) to accommodate an exploration or mining plan of 
                Resolution Copper.

SEC. 12. VALUE ADJUSTMENT PAYMENT TO UNITED STATES.

    (a) Annual Production Reporting.--
            (1) In general.--Beginning on February 15 of the first 
        calendar year beginning after the date of commencement of 
        production of valuable locatable minerals in commercial 
        quantities (as defined by applicable Federal laws (including 
        regulations)) from the Federal land conveyed to Resolution 
        Copper under section 4(b), and annually thereafter, Resolution 
        Copper shall file with the Secretary of the Interior a report 
        indicating the quantity of locatable minerals in commercial 
        quantities produced from the Federal land during the preceding 
        calendar year.
            (2) Report contents.--The reports under paragraph (1) shall 
        comply with all recordkeeping and reporting requirements of 
        applicable Federal laws (including regulations) in effect at 
        the time of production relating to the production of valuable 
        locatable minerals in commercial quantities on any federally 
        owned land.
    (b) Payment on Production.--If the cumulative production of 
valuable locatable minerals in commercial quantities produced from the 
Federal land conveyed to Resolution Copper under section 4(b) exceeds 
the quantity of production of locatable minerals from the Federal land 
used in the royalty income approach analysis under the Uniform 
Appraisal Standards for Federal Land Acquisitions prepared under 
section 7(a)(4)(D), Resolution Copper shall pay to the United States, 
by not later than March 15 of each applicable calendar year, a value 
adjustment payment for the quantity of excess production at a rate 
equal to--
            (1) the Federal royalty rate in effect for the production 
        of valuable locatable minerals from federally owned land, if 
        such a rate is enacted before December 31, 2012; or
            (2) if no Federal royalty rate is enacted by the date 
        described in paragraph (1), the royalty rate used for purposes 
        of the royalty income approach analysis prepared under section 
        7(a)(4)(D).
    (c) State Law Unaffected.--Nothing in this Act modifies, expands, 
diminishes, amends, or otherwise affects any State law (including 
regulations) relating to the imposition, application, timing, or 
collection of a State excise or severance tax under Arizona Revised 
Statutes 42-5201-5206.
    (d) Use of Funds.--The funds paid to the United States under this 
section shall--
            (1) be deposited in a special account of the Treasury; and
            (2) remain available, without further appropriation, to the 
        Secretary and the Secretary of the Interior, as the Secretaries 
        jointly determine to be appropriate, for the acquisition of 
        land or interests in land from willing sellers in the State of 
        Arizona.

SEC. 13. 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 or any Federal interest in the non-Federal 
        land to be exchanged under section 4 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 land or 
        interest shall be withdrawn, without further action required by 
        the Secretary concerned, from entry and appropriation, subject 
        to the valid existing rights of Resolution Copper, until the 
        date of the conveyance of Federal land under section 4(b).
    (b) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary concerned and Resolution 
        Copper, may correct, by mutual agreement, 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 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, each map referred to in this Act.
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