[Congressional Record Volume 153, Number 119 (Tuesday, July 24, 2007)]
[Senate]
[Pages S9834-S9835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCain):
  S. 1862. A bill to provide for the exchange and conveyance of certain 
National Forest land and other land in southeast Arizona, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. KYL. Mr. President, I rise today to introduce the Southeast 
Arizona Land Exchange and Conservation Act of 2007. This bill 
facilitates an important land exchange in Arizona that will provide for 
the acquisition and protection of environmentally sensitive lands while 
providing a much needed economic engine for the people of Superior, AZ, 
and the surrounding communities. I am pleased to be joined by Senator 
McCain as an original cosponsor of this bill.
  This is not the first time Senator McCain and I have introduced this 
land exchange legislation. In 2005, we introduced S. 1122. S. 1122 was 
later modified and reintroduced in 2006 as S. 2466. S. 2466, as 
introduced, reflected the painstaking negotiated compromises and public 
feedback that we received with respect to the bill. S. 2466 had a 
favorable hearing before the Subcommittee on Forests and Public Lands 
in the Senate Committee on Energy and Natural Resources in May 2006. At 
that hearing, both the Forest Service and the Bureau of Land Management 
testified in support of the bill. The bill, however, was not enacted in 
the last Congress. I am pleased to say we are back again this year with 
a bill that includes some new provisions based on the work of the 
stakeholders to continue to improve the bill.
  The exchange facilitates the conveyance to Resolution Copper of 
approximately 3,025 acres of National Forest System land, 3 miles 
outside of Superior, Arizona in the historic Pioneer Mining District. 
The acreage commonly called ``Oak Flat'' would be traded to Resolution 
Copper to facilitate future exploration, and possible development, of 
what may be one of the largest deposits of copper ore ever discovered 
in North America. The 3,025 acres of Federal lands are intermingled 
with, or lie next to, private lands already owned by Resolution Copper, 
and are located south and east of Resolution's existing underground 
Magma copper mine. Approximately 75 percent

[[Page S9835]]

of the Federal land is already blanketed by federally authorized mining 
claims owned by Resolution Copper that give it the right to explore and 
develop the minerals. Given the intermingled ownership, the public 
safety issues that may be associated with mining activities, and the 
significant financial investment Resolution Copper must make to even 
determine whether development of a mine is feasible, it makes sense, 
for Resolution Copper to own the entire Oak Flat area.
  However, we also recognize that there are public impacts associated 
with transferring Oak Flat out of federal ownership. This bill goes far 
in addressing these impacts. Let me explain. First, the land exchange 
is conditioned on the execution of a permanent conservation easement to 
protect Apache Leap, a spectacular cliff area rich in cultural history 
on the western side of the Federal parcel. Although the conservation 
easement has been a feature in this bill since it was first introduced, 
we have expanded and strengthened the protections required by the 
easement. The easement will now apply to the entire Apache Leap 
escarpment totaling approximately 695 acres up from the 562 acres that 
were protected in the original bill. To address concerns that were 
raised that the mining operation might still affect the area, the 
conservation easement will not just prohibit surface development, it 
will also prohibit commercial mineral extraction under the easement 
area. In addition, the exchange includes a fund endowment for the 
implementation of the terms of the conservation easement.
  The Oak Flat Campground, consisting of 16 rustic tent/RV sites, is 
located on the north side of the parcel, adjacent to U.S. Highway 60. 
Recognizing that the campground is used by the community and others, we 
are requiring that this campground be replaced on the Globe Ranger 
District at Resolution Copper's expense. Public access to this 
campground will not immediately terminate on enactment of the 
legislation: The bill stipulates continued public access to the 
campground for two years after enactment.
  We also heard from the public that climbing and bouldering are 
important recreational resources at Oak Flat. For this reason, we 
included a placeholder in S. 1122 for additional climbing provisions as 
a good faith offer to the climbing community to work with us and 
Resolution Copper to address the loss of public access to climbing at 
Oak Flat in a way that would not compromise public safety. A compromise 
was reached by the stakeholders to continue temporary interim access to 
some climbing at Oak Flat; and execute a license between Resolution 
Copper and Access Fund, a national advocacy climbing organization, to 
allow climbers to gain access to popular climbing sites located on 
Resolution Copper's private land. This compromise along with the 
discovery of ``Tamo,'' a climbing gem in the Tam O'Shanter Mountains, 
which is slated to become Arizona's newest State park, are examples of 
how parties coming together can turn an unfortunate situation into a 
win-win.
  We had hoped we would be able to make a similar announcement with 
regard to the cultural resource concerns that were raised by the San 
Carlos Apache Tribe in May of last year. Unfortunately, that is not the 
case. I am still hopeful, however, and I will continue to reach out to 
the Yavapai and Apache tribes as this bill moves through the 
legislative process.
  In return for conveying the Federal land to Resolution Copper, the 
Forest Service and Bureau of Land Management will receive eight parcels 
of private land, totaling 4,583 acres plus $7.5 million to be placed in 
a trust account to be expended by the United States on additional 
conservation lands in Arizona. The parcels included in this bill have 
been identified, and are strongly endorsed for acquisition by the 
Arizona Audubon Society, Nature Conservancy, Trust for Public Land, 
Sonoran Institute, Arizona Game and Fish Department, and numerous 
others. They include lands along the San Pedro River, an important 
internationally recognized migratory bird corridor, riparian and 
wetland habitat for threatened and endangered animal and plant species, 
including the southwestern willow flycatcher and the hedgehog cactus, 
and magnificent canyons and forests that are home to big game species. 
Most of the parcels are in holdings whose acquisition will enable more 
effective management of the federal land. It is in the public interest 
to bring these conservation lands into Federal ownership for the 
enjoyment of future generations.
  Although the focus of this bill is the land exchange between 
Resolution Copper and the U.S., it also includes provisions allowing 
for the conveyance of Federal lands to the town of Superior. These 
lands include the town cemetery, lands around the town airport, and a 
Federal reversionary interest that exists at the airport site. These 
lands are included in the proposed exchange to help the town to provide 
its municipal needs and expand and diversify its economic development.
  Though I have described the many benefits of and the important 
compromises that are part of this exchange, you may be asking why we 
are legislating this land exchange. Why not use the existing 
administrative land exchange process? The answer is that this exchange 
can only be accomplished legislatively because the Forest Service does 
not have the authority to convey away Federal lands in order to acquire 
other lands outside the boundaries of the National Forest System, no 
matter how ecologically valuable.
  This bill contains procedural safeguards and conditions that ensure 
it is an equal value exchange in the public interest. I will highlight 
some of those safeguards: First, it requires that all appraisals of the 
lands must follow standard federal practice and be performed in 
accordance with appraisal standards promulgated by the U.S. Department 
of Justice. All appraisals must also be formally reviewed, and 
approved, by the Secretary of Agriculture. Second, to ensure the 
Federal Government gets full value for the Federal parcel it is giving 
up, the Federal parcel will be appraised to include the minerals and 
appraised as if unencumbered by the private mining claims that detract 
from the fair market value of the land. These are important provisions 
not required by federal law. They are especially significant given that 
over 75 percent of the Federal parcel is covered by mining claims owned 
by Resolution Copper and the bulk of the value of the Federal parcel is 
expected to be the minerals. Third, the Apache Leap conservation 
easement is expressly excluded from the valuation of the Federal land, 
preventing any possibility that this easement would devalue the Federal 
land. By following standard appraisal practices and including these 
additional safeguards in the valuation process, the U.S., and 
ultimately the taxpayer, will receive full fair market value for both 
the land and the minerals it contains.
  With this land exchange we can preserve lands that advance the 
important public objectives of protecting wildlife habitat, cultural 
resources, the watershed, and aesthetic values, while generating 
economic, recreation, and employment opportunities for state and local 
residents. I hope we approve the legislation at the earliest possible 
date. It is a winning scenario for our environment and our economy.
                                 ______