[Congressional Record Volume 155, Number 28 (Wednesday, February 11, 2009)]
[Senate]
[Pages S2144-S2148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself and Mr. McCain):
  S. 409. 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

[[Page S2145]]

exchange of Federal and non-Federal land, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. KYL. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 409

       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

[[Page S2146]]

     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

[[Page S2147]]

     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

[[Page S2148]]

     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.
                                 ______