II 

109TH CONGRESS 

2D SESSION S. 2466 

To authorize and direct the exchange and conveyance of certain National 

Forest land and other land in southeast Arizona. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2006 

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 authorize and direct the exchange and conveyance of 

certain National Forest land and other land in southeast 

Arizona. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Southeast Arizona Land Exchange and Conservation Act 

6 of 2006’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 


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Sec. 3. Definitions. 

Sec. 4. Land conveyances and exchanges. 

Sec. 5. Valuation of land exchanged or conveyed. 

Sec. 6. Conservation easement. 

Sec. 7. Incorporation, management, and status of acquired land. 

Sec. 8. Public uses of Federal land. 

Sec. 9. Miscellaneous provisions. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to further the public interest by authorizing, 

4 directing, facilitating, and expediting the conveyance 

5 and exchange of land between the United States and 

6 Resolution Copper; and 

7 (2) to provide for the conveyance of certain 

8 land from the Secretary of the Interior to the Ari9 zona State Parks Board for the establishment of a 

10 new State park in Gila and Pinal Counties, Arizona, 

11 to be used for rock climbing and other recreational 

12 purposes. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) APACHE LEAP.—The term ‘‘Apache Leap’’ 

16 means the approximately 562 acres of land referred 

17 to as the ‘‘Apache Leap Conservation Easement 

18 Area’’ on the map entitled ‘‘Southeast Arizona Land 

19 Exchange and Conservation Act of 2005-Federal 

20 Parcel-Oak Flat’’, dated January 2005. 


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1 (2) BOARD.—The term ‘‘Board’’ means the Ari2 zona State Parks Board, an entity established by the 

3 State legislature. 

4 (3) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means the approximately 3,025 acres of land located 

6 in Pinal County, Arizona, depicted on the map enti7 tled ‘‘Southeast Arizona Land Exchange and Con8 servation Act of 2005-Federal Parcel-Oak Flat’’, 

9 dated January 2005. 

10 (4) GRANTEE.—The term ‘‘grantee’’ means the 

11 entity that is granted the permanent conservation 

12 easement under section 6(a). 

13 (5) NON-FEDERAL LAND.—The term ‘‘non-Fed14 eral land’’ means the land described in paragraphs 

15 (1) and (2) of section 4(b). 

16 (6) RESOLUTION COPPER.—The term ‘‘Resolu17 tion Copper’’ means— 

18 (A) Resolution Copper Mining, LLC, a 

19 Delaware limited liability company; and 

20 (B) any successor, assign, transferee, 

21 member, or joint venturer of Resolution Copper 

22 Cooper Mining, LLC. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture. 


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1 (8) STATE.—The term ‘‘State’’ means the State 

2 of Arizona. 

3 (9) STATE PARK.—The term ‘‘State Park’’ 

4 means the proposed State park, as depicted on the 

5 map entitled ‘‘Tam O’Shanter Area State Park-Pro6 posed’’ and dated September 2005. 

7 (10) TOWN.—The term ‘‘Town’’ means the 

8 Town of Superior, Arizona, which is an incorporated 

9 municipality. 

10 SEC. 4. LAND CONVEYANCES AND EXCHANGES. 

11 (a) IN GENERAL.—On receipt of an offer from Reso12 lution Copper to convey to the Secretary or the Secretary 

13 of the Interior title to the non-Federal land that is accept14 able to the Secretary or the Secretary of the Interior, as 

15 appropriate, the Secretary shall convey to Resolution Cop16 per all right, title, and interest of the United States in 

17 and to the Federal land, subject to any valid existing right 

18 or title reservation, easement, or other exception required 

19 by law or agreed to by the Secretary and Resolution Cop20 per. 

21 (b) RESOLUTION COPPER LAND EXCHANGE.—On re22 ceipt of title to the Federal land under subsection (a), Res23 olution Copper shall simultaneously convey— 

24 (1) to the Secretary, title, that the Secretary 

25 determines to be acceptable, to— 


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1 (A) the approximately 147 acres of land lo2 cated in Gila County, Arizona, depicted on the 

3 map entitled ‘‘Southeast Arizona Land Ex4 change and Conservation Act of 2005-Non-Fed5 eral Parcel-Turkey Creek’’, dated January 

6 2005; 

7 (B) the approximately 148 acres of land 

8 located in Yavapai County Arizona, depicted on 

9 the map entitled ‘‘Southeast Arizona Land Ex10 change and Conservation Act of 2005-Non-Fed11 eral Parcel-Tangle Creek’’, dated January 

12 2005; 

13 (C) the approximately 149.3 acres of land 

14 located in Maricopa County, Arizona, depicted 

15 on the map entitled ‘‘Southeast Arizona Land 

16 Exchange and Conservation Act of 2005-Non17 Federal Parcel-Cave Creek’’, dated January 

18 2005; 

19 (D) the approximately 266 acres of land 

20 located in Pinal County, Arizona, depicted on 

21 the map entitled ‘‘Southeast Arizona Land Ex22 change and Conservation Act of 2005-Non-Fed23 eral Parcel-JI Ranch’’, dated January 2005; 

24 and 


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1 (E) the approximately 640 acres of land 

2 located in Coconino County, Arizona, depicted 

3 on the map entitled ‘‘Southeast Arizona Land 

4 Exchange and Conservation Act of 2005-Non5 Federal Parcel-East Clear Creek’’, dated Au6 gust 2005; and 

7 (2) to the Secretary of the Interior, title, that 

8 the Secretary of the Interior determines to be ac9 ceptable, to— 

10 (A) the approximately 3,073 acres of land 

11 located in Pinal County, Arizona, depicted on 

12 the map entitled ‘‘Southeast Arizona Land Ex13 change and Conservation Act of 2005-Non-Fed14 eral Parcel-Lower San Pedro River’’, dated 

15 January 2005; 

16 (B) the approximately 956 acres of land 

17 located in Santa Cruz County, Arizona, de18 picted on the map entitled ‘‘Southeast Arizona 

19 Land Exchange and Conservation Act of 2005- 

20 Non-Federal Parcel-Appleton Ranch’’, dated 

21 October 2005; and 

22 (C) the approximately 160 acres of land lo23 cated in Gila and Pinal Counties, Arizona, de24 picted on the map entitled ‘‘Southeast Arizona 

25 Land Exchange and Conservation Act of 2005- 


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1 Non-Federal Parcel-Dripping Springs’’, dated 

2 August 2005. 

3 (c) CONVEYANCE OF LAND TO TOWN.— 

4 (1) IN GENERAL.—Not later than 60 days be5 fore carrying out the exchange under subsection (a), 

6 on receipt of a request from the Town, the Secretary 

7 shall convey to the Town, for a price equal to mar8 ket value, as appraised under section 5— 

9 (A) the approximately 30 acres of land lo10 cated in Pinal County, Arizona, occupied on the 

11 date of enactment of this Act by the Fairview 

12 Cemetery and depicted on the map entitled 

13 ‘‘Southeast Arizona Land Exchange and Con14 servation Act of 2005-Federal Parcel-Fairview 

15 Cemetery’’, dated January 2005; 

16 (B) the reversionary interest of the United 

17 States in the approximately 265 acres of land 

18 located in Pinal County, Arizona, depicted on 

19 the map entitled ‘‘Southeast Arizona Land Ex20 change and Conservation Act of 2005-Federal 

21 Reversionary Interest-Superior Airport’’, dated 

22 January 2005; and 

23 (C) on receipt of a request from the Town, 

24 all or a portion of the approximately 181 acres 

25 of land located in Pinal County, Arizona, deVerDate Aug 31 2005 00:22 Mar 29, 2006 Jkt 049196 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 picted on the map entitled ‘‘Southeast Arizona 

2 Land Exchange and Conservation Act of 2005- 

3 Federal Parcel-Superior Airport Contiguous 

4 Parcel’’, dated June 2005. 

5 (2) CONDITION OF CONVEYANCE.—Any convey6 ance of land under paragraph (1) shall be carried 

7 out in a manner that provides the United States 

8 manageable boundaries on any parcel retained by 

9 the Secretary, to the maximum extent practicable. 

10 (d) TIMING OF EXCHANGE.—It is the intent of Con11 gress that the land exchange directed by subsection (a) 

12 be completed not later than 1 year after the date of enact13 ment of this Act. 

14 (e) COSTS OF CONVEYANCES AND EXCHANGES.— 

15 Resolution Copper shall be responsible for— 

16 (1) hiring any contractors necessary for car17 rying out an exchange of land under subsection (a) 

18 or a conveyance of land under subsection (c); and 

19 (2) paying— 

20 (A) the costs of any appraisals relating to 

21 the exchange under subsection (a), including 

22 any reasonable reimbursements to the Secretary 

23 on request of the Secretary for the cost of re24 viewing and approving an appraisal; 


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1 (B) the costs of any land surveys, includ2 ing any necessary land surveys conducted by 

3 the Bureau of Land Management Cadastral 

4 Survey; and 

5 (C) any other cost agreed to by Resolution 

6 Copper and the Secretary. 

7 SEC. 5. VALUATION OF LAND EXCHANGED OR CONVEYED. 

8 (a) EXCHANGE VALUATION.— 

9 (1) IN GENERAL.—The value of the land ex10 changed under section 4(a) (including any Federal 

11 reversionary interest) shall be equal, as determined 

12 by the Secretary through an appraisal conducted in 

13 accordance with paragraph (2). 

14 (2) APPRAISALS.— 

15 (A) IN GENERAL.—An appraisal under this 

16 section shall be— 

17 (i) performed by an appraiser mutu18 ally agreed to by the Secretary and Resolu19 tion Copper; 

20 (ii) performed in accordance with— 

21 (I) the Uniform Appraisal Stand22 ards for Federal Land Acquisitions 

23 (Department of Justice, 5th Edition, 

24 December 20, 2000); 


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1 (II) the Uniform Standards of 

2 Professional Appraisal Practice; and 

3 (III) Forest Service appraisal in4 structions; and 

5 (iii) submitted to the Secretary for re6 view and approval. 

7 (B) REAPPRAISALS AND UPDATED AP8 PRAISED VALUES.—After the final appraised 

9 value of a parcel is determined and approved 

10 under subparagraph (A), the Secretary shall 

11 not be required to reappraise or update the 

12 final appraised value— 

13 (i) for a period of 3 years after the 

14 approval by the Secretary of the final ap15 praised value under subparagraph (A)(iii); 

16 or 

17 (ii) at all, after an exchange agree18 ment is entered into by Resolution Copper 

19 and the Secretary. 

20 (C) PUBLIC REVIEW.—Before carrying out 

21 a land exchange under section 4, the Secretary 

22 shall make available for public review a sum23 mary of the appraisals of the land to be ex24 changed. 


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1 (3) FAILURE TO AGREE.—If the Secretary and 

2 Resolution Copper fail to agree on the value of a 

3 parcel to be exchanged, the final value of the parcel 

4 shall be determined in accordance with section 

5 206(d) of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1716(d)). 

7 (4) FEDERAL LAND.—The value of the Federal 

8 land conveyed to Resolution Copper under section 

9 4(a) shall be determined as if the land is 

10 unencumbered by any unpatented mining claims of 

11 Resolution Copper. 

12 (b) EQUALIZATION OF VALUE.— 

13 (1) SURPLUS OF FEDERAL LAND VALUE.— 

14 (A) IN GENERAL.—If the final appraised 

15 value of the Federal land exceeds the value of 

16 the non-Federal land in an exchange under sec17 tion 4, Resolution Copper shall make a cash 

18 equalization payment to the Secretary to equal19 ize the values of the Federal land and non-Fed20 eral land. 

21 (B) COMPLIANCE WITH FEDERAL LAND

22 POLICY AND MANAGEMENT ACT.—A payment 

23 under subparagraph (A) may be in excess of an 

24 amount authorized under section 206(b) of the 


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1 Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1716(b)). 

3 (C) DISPOSITION AND USE OF PRO4 CEEDS.— 

5 (i) DISPOSITION OF PROCEEDS.—Any 

6 cash equalization payments received by the 

7 Secretary under subparagraph (A) and any 

8 amounts received by the Secretary under 

9 paragraph (3) shall be deposited in the 

10 fund established by Public Law 90–171 

11 (commonly known as the ‘‘Sisk Act’’) (16 

12 U.S.C. 484a). 

13 (ii) USE OF PROCEEDS.—Amounts de14 posited under clause (i) shall be available 

15 to the Secretary, without further appro16 priation, for the acquisition of land for ad17 dition to the National Forest System in 

18 the State. 

19 (2) SURPLUS OF NON-FEDERAL LAND VALUE.— 

20 (A) IN GENERAL.—If the final appraised 

21 value of the non-Federal land exceeds the value 

22 of the Federal land in an exchange under sec23 tion 4, the Secretary of the Interior, subject to 

24 the availability of funds, shall make a payment 


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1 to Resolution Copper to equalize the values of 

2 the land. 

3 (B) WAIVER.— 

4 (i) IN GENERAL.—A payment under 

5 subparagraph (A) may be waived in whole 

6 or in part by Resolution Copper. 

7 (ii) EFFECT.—An amount waived 

8 under clause (i) shall be considered to be 

9 a donation by Resolution Copper to the 

10 United States for all purposes of law. 

11 (3) PAYMENT FOR LAND CONVEYED TO

12 TOWN.— 

13 (A) IN GENERAL.—The Town shall pay the 

14 Secretary market value for any land acquired 

15 by the Town from the Secretary under section 

16 4(c), as determined by the Secretary through 

17 an appraisal conducted in accordance with sub18 section (a)(2). 

19 (B) CREDIT.—If the Secretary of the Inte20 rior owes a payment to Resolution Copper 

21 under paragraph (2)— 

22 (i) the Secretary of the Interior shall 

23 credit against the amount owed to Resolu24 tion Copper the market value of any land 


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1 conveyed to the Town under section 4(c); 

2 and 

3 (ii) the obligation of the Town to pay 

4 the United States shall be reduced by the 

5 amount of the credit. 

6 (C) EFFECT.—An amount credited under 

7 subparagraph (B) shall be considered to be a 

8 donation by Resolution Copper to the Town for 

9 all purposes of law. 

10 SEC. 6. CONSERVATION EASEMENT. 

11 (a) IN GENERAL.—As a condition of the land ex12 change under section 4(a), Resolution Copper shall deliver 

13 to the Secretary an executed document granting a perma14 nent conservation easement to an entity that is— 

15 (1) a qualified unit of government; or 

16 (2) a land trust or other qualified organization 

17 as defined in section 170(h) of the Internal Revenue 

18 Code of 1986. 

19 (b) EASEMENT AREA.—The area of the conservation 

20 easement under this section shall be the surface estate of 

21 Apache Leap. 

22 (c) TERMS.—The conservation easement under this 

23 section shall— 

24 (1) prohibit surface development of the ease25 ment area by Resolution Copper, except for a fence, 


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1 sign, monitoring device, or other improvement for an 

2 administrative, public health and safety, or other ap3 propriate purpose, as determined by Resolution Cop4 per and the grantee; 

5 (2) prohibit commercial mineral extraction 

6 under the easement area by any method that could 

7 impact the surface of the easement area; and 

8 (3) provide for appropriate nonmotorized public 

9 access to and use of the easement area, as deter10 mined by Resolution Copper and the grantee. 

11 (d) ADDITIONAL PUBLIC ACCESS ROUTES.— 

12 (1) IN GENERAL.—Not later than 3 years after 

13 the date of the conveyance under section 4(a), Reso14 lution Copper and the grantee, in consultation with 

15 the Town and other interested parties, shall deter16 mine whether the area covered by the conservation 

17 easement should be used to establish additional pub18 lic access routes (including motorized roads), trails, 

19 and trailheads to Apache Leap. 

20 (2) COSTS.— 

21 (A) IN GENERAL.—If Resolution Copper 

22 and the grantee determine under paragraph (1) 

23 that any additional public access routes, trails, 

24 or trailheads should be established in the area 

25 covered by the conservation easement, ResoluVerDate Aug 31 2005 00:22 Mar 29, 2006 Jkt 049196 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 tion Copper shall, subject to subparagraph (B), 

2 pay all reasonable costs of establishing the ad3 ditional public access routes, trails, or 

4 trailheads. 

5 (B) LIMITATION.—The total cost of estab6 lishing all public access routes, trails, or 

7 trailheads authorized by Resolution Copper and 

8 the grantee under this subsection shall be not 

9 more than $250,000. 

10 (e) EASEMENT AND APPRAISAL.— 

11 (1) IN GENERAL.—The requirement that Reso12 lution Copper grant the conservation easement 

13 under this section shall not be considered in deter14 mining, or result in any diminution in, the market 

15 value of the Federal land for purposes of an ap16 praisal under section 5. 

17 (2) EFFECT.—The market value of the con18 servation easement and any amount paid by Resolu19 tion Copper under subsection (d)(2) shall be consid20 ered to be a donation by Resolution Copper to the 

21 United States. 

22 (f) MINING ACTIVITIES.— 

23 (1) IN GENERAL.—Except as provided in sub24 section (c) and other Federal law (including regula25 tions) relating to mining activities on private land, 


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1 the conservation easement shall not impose any ad2 ditional restrictions on mining activities carried out 

3 by Resolution Copper after the date of the convey4 ance under section 4(a). 

5 (2) LIABILITY.—Resolution Copper shall not be 

6 liable for any damage to the easement area caused 

7 by future use or failure of any tunnel or other un8 derground mining works established on the Federal 

9 land on or before the date of the conveyance under 

10 section 4(a). 

11 (g) ROLE OF SECRETARY.—Unless otherwise agreed 

12 by the Secretary and Resolution Copper, the Secretary 

13 shall not be— 

14 (1) a party to the conservation easement under 

15 this section; or 

16 (2) involved in the drafting, monitoring, or en17 forcement of the conservation easement. 

18 SEC. 7. INCORPORATION, MANAGEMENT, AND STATUS OF 

19 ACQUIRED LAND. 

20 (a) LAND ACQUIRED BY THE SECRETARY.— 

21 (1) IN GENERAL.—Land acquired by the Sec22 retary under this Act shall— 

23 (A) become part of the National Forest 

24 within which the land is located; and 


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1 (B) be administered in accordance with the 

2 laws (including regulations) applicable to the 

3 National Forest System. 

4 (2) BOUNDARIES.—For purposes of section 7 of 

5 the Land and Water Conservation Fund Act of 1965 

6 (16 U.S.C. 4601 et seq.), the boundaries of a Na7 tional Forest in which land acquired by the Sec8 retary is located shall be deemed to be the bound9 aries of that forest as in existence on January 1, 

10 1965. 

11 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN12 TERIOR.—Land acquired by the Secretary of the Interior 

13 under this Act shall— 

14 (1) become part of the administrative unit or 

15 area within which the land is located; and 

16 (2) be administered in accordance with the laws 

17 (including regulations) applicable to public land. 

18 (c) WITHDRAWAL.—On acquisition by the United 

19 States of any land under this Act, subject to valid existing 

20 rights and without further action by the Secretary or the 

21 Secretary of the Interior, as appropriate, the acquired land 

22 is permanently withdrawn from all forms of entry and ap23 propriation under— 

24 (1) the public land laws (including the mining 

25 and mineral leasing laws); and 


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1 (2) the Geothermal Steam Act of 1970 (30 

2 U.S.C. 1001 et seq.). 

3 SEC. 8. PUBLIC USES OF FEDERAL LAND. 

4 (a) OAK FLAT CAMPGROUND.— 

5 (1) REPLACEMENT CAMPGROUND.— 

6 (A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this Act, the Sec8 retary, in consultation with Resolution Copper, 

9 the Town, and other interested parties, shall de10 sign and construct in the Globe Ranger District 

11 of the Tonto National Forest 1 or more replace12 ment campgrounds for the Oak Flat Camp13 ground (including appropriate access routes to 

14 any replacement campgrounds). 

15 (B) PUBLIC FACILITIES.—Any replacement 

16 campgrounds under this paragraph shall be de17 signed and constructed in a manner that ade18 quately (as determined in the sole discretion of 

19 the Secretary) replaces, or improves on, the fa20 cilities, functions, and amenities available to the 

21 public at the Oak Flat Campground. 

22 (2) COSTS OF REPLACEMENT.—Resolution Cop23 per shall pay the cost of designing, constructing, and 

24 providing access to any replacement campgrounds 

25 under this subsection, not to exceed $500,000. 


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1 (3) INTERIM OAK FLAT CAMPGROUND AC2 CESS.— 

3 (A) IN GENERAL.—The document con4 veying the Federal land to Resolution Copper 

5 under section 4(a) shall specify that the Sec6 retary shall continue to operate and maintain 

7 the Oak Flat Campground until the earlier of— 

8 (i) the date that is 2 years after the 

9 date of enactment of this Act; or 

10 (ii) the date on which any replacement 

11 campgrounds under this subsection are de12 veloped and opened for public use. 

13 (B) LIABILITY.—During the interim period 

14 described in subparagraph (A), Resolution Cop15 per shall not be liable for any public use of the 

16 Oak Flat Campground. 

17 (b) ROCK CLIMBING AREAS.— 

18 (1) REPLACEMENT ROCK CLIMBING AREA.— 

19 (A) IN GENERAL.—On request by the 

20 Board, acting pursuant to an authorization 

21 from the State legislature, the Secretary of the 

22 Interior shall convey to the Board the land de23 scribed in subparagraph (B) for establishment 

24 of the State Park for public or recreational pur25 poses under the Act of June 14, 1926 (comVerDate Aug 31 2005 00:22 Mar 29, 2006 Jkt 049196 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S2466.IS S2466

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1 monly known as the ‘‘Recreation and Public 

2 Purposes Act’’) (43 U.S.C. 869 et seq.). 

3 (B) DESCRIPTION OF LAND.—The land re4 ferred to in subparagraph (A) is the approxi5 mately 2,000 acres of land under the jurisdic6 tion of the Secretary of the Interior within the 

7 exterior boundary of the State Park. 

8 (C) DEADLINE.—To be valid, a request for 

9 a conveyance under subparagraph (A) shall be 

10 submitted by the Board to the Secretary of the 

11 Interior not later than 5 years after the date of 

12 enactment of this Act. 

13 (D) USE OF LAND.—The conveyance of 

14 land under subparagraph (A) shall be subject to 

15 the condition that— 

16 (i) the land conveyed to the Board 

17 shall be used for the purpose of estab18 lishing the State Park, as authorized by 

19 the State legislature; and 

20 (ii) the State Park shall be used for— 

21 (I) rock climbing; 

22 (II) bouldering; and 

23 (III) any other forms of outdoor 

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1 servation as the Board determines to 

2 be appropriate. 

3 (E) CONSIDERATION.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii) and in accordance with sec6 tion 2741.8 of title 43, Code of Federal 

7 Regulations (or a successor regulation), 

8 the conveyance of the land under subpara9 graph (A) shall be without monetary con10 sideration. 

11 (ii) EXCEPTION.—Notwithstanding 

12 clause (i), the Board shall pay any reason13 able administrative costs incurred by the 

14 Secretary of the Interior in making the 

15 conveyance. 

16 (F) ACQUISITION OF LAND.—The convey17 ance of land under subparagraph (A) shall be 

18 subject to the condition that, if any land within 

19 the exterior boundary of the State Park is ac20 quired by the United States from a willing sell21 er, the land shall, on acquisition— 

22 (i) be conveyed to the Board; and 

23 (ii) be incorporated into the State 

24 Park. 

25 (G) MINERAL INTERESTS.— 


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1 (i) IN GENERAL.—The United States 

2 shall retain any mineral interests in the 

3 land conveyed under subparagraph (A). 

4 (ii) WITHDRAWAL.—Beginning on the 

5 date of enactment of this Act, and subject 

6 to valid existing rights, the land described 

7 in subparagraph (B) shall be permanently 

8 withdrawn from all forms of entry and ap9 propriation under the mining and mineral 

10 leasing laws, including the Geothermal 

11 Steam Act of l970 (30 U.S.C. 1001 et 

12 seq.). 

13 (H) FEES; CONCESSIONS CONTRACTS.— 

14 Nothing in this Act prohibits the Board from— 

15 (i) charging reasonable entry or user 

16 fees for the State Park; or 

17 (ii) entering into concession contracts 

18 to manage the State Park. 

19 (I) REVERSION.—If the land conveyed 

20 under subparagraph (A) is used in a manner 

21 that is inconsistent with the uses described in 

22 subparagraph (D), the land shall, at the discre23 tion of the Secretary of the Interior, revert to 

24 the United States. 

25 (J) ADJACENT MANAGEMENT.— 


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1 (i) FINDING.—Congress finds that 

2 land in close proximity to the State Park 

3 is or has been the site of— 

4 (I) mining or mining related ac5 tivities or operations; 

6 (II) livestock grazing; and 

7 (III) agricultural activities. 

8 (ii) NO PROTECTIVE PERIMETER OR

9 BUFFER.—The establishment of the State 

10 Park shall not create any protective perim11 eter or buffer zone around the State Park. 

12 (iii) OTHER ACTIVITIES OR USES.— 

13 The fact that non-park activities or uses 

14 can be seen or heard from areas within the 

15 State Park shall not preclude the conduct 

16 of those activities or uses outside the 

17 boundary of the State Park. 

18 (K) EFFECT.—The establishment of the 

19 State Park does not impose new or additional 

20 requirements or restrictions under the laws of 

21 the United States with respect to the permit22 ting, management, or conduct of mining oper23 ations and other activities outside the bound24 aries of the State Park. 

25 (2) ROAD.— 


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1 (A) IN GENERAL.—To provide safe and 

2 reasonable public access to the State Park, the 

3 Secretary of the Interior shall construct or im4 prove, or oversee construction or improvement 

5 of, and grant the Board a right-of-way over, a 

6 road on the route described in subparagraph 

7 (B). 

8 (B) DESCRIPTION OF ROUTE.—The route 

9 referred to in subparagraph (A) is the route 

10 generally depicted as the ‘‘Tam O-Shanter Ac11 cess Road’’ on the map entitled ‘‘Tam 

12 O’Shanter Access Road’’, dated February 2006. 

13 (C) CONDITION.—The road authorized 

14 under subparagraph (A) shall be an unpaved 

15 road, constructed or improved only to the ex16 tent that Secretary of the Interior, after con17 sultation with the Board, determines is nec18 essary to permit the safe passage of 2-wheel 

19 drive vehicles for public recreational access pur20 poses. 

21 (D) LOCATION.—The exact location of the 

22 road authorized under subparagraph (A) may, 

23 at the sole discretion of the Secretary of the In24 terior, after consultation with the Board, be 

25 modified or realigned along the general route 


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1 shown on the map described in subparagraph 

2 (B). 

3 (E) DEADLINE.—To the maximum extent 

4 practicable consistent with weather conditions, 

5 the road under subparagraph (A) shall be com6 pleted not later than 1 year after the date of 

7 conveyance of the land described in paragraph 

8 (1)(B) to the Board. 

9 (F) MANAGEMENT.—The Board shall 

10 manage and maintain the road and right-of-way 

11 beginning on the date on which the road is 

12 completed. 

13 (G) COSTS.— 

14 (i) IN GENERAL.—In order to con15 struct, improve, and pay for the road 

16 under subparagraph (A), the Secretary of 

17 the Interior shall, at the sole discretion of 

18 the Secretary of the Interior— 

19 (I) enter into a contract with 

20 Resolution Copper or the Board to 

21 construct and improve the road in ac22 cordance with instructions issued by, 

23 and under the supervision of, the Sec24 retary of the Interior; or 


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1 (II) require Resolution Copper to 

2 pay for the costs of the road, includ3 ing costs to the Secretary of the Inte4 rior of planning and supervising the 

5 road construction or improvement. 

6 (ii) LIMITATION.—The total amount 

7 of costs to be paid by Resolution Copper 

8 under clause (i) shall not exceed $500,000. 

9 (3) ALTERNATIVE ROCK CLIMBING REPLACE10 MENT.— 

11 (A) IN GENERAL.—If the land described in 

12 paragraph (1)(B) is not conveyed to the Board, 

13 the Secretary, in consultation with the Sec14 retary of the Interior, Resolution Copper, the 

15 Town, local climbing organizations, and other 

16 interested persons, shall identify and provide 1 

17 or more replacement rock climbing areas (in18 cluding public access to any replacement rock 

19 climbing areas) on National Forest System land 

20 or other land of the Federal Government that 

21 possesses, to the maximum extent practicable, 

22 the general characteristics of the rock climbing 

23 area on the Federal land, as determined by the 

24 Secretary. 

25 (B) COSTS.— 


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1 (i) IN GENERAL.—Subject to clause 

2 (ii), Resolution Copper shall pay any costs 

3 incurred by the Secretary or the Secretary 

4 of the Interior in studying, accessing, and 

5 developing any replacement rock climbing 

6 areas under subparagraph (A). 

7 (ii) LIMITATION.—The total amount 

8 of costs that Resolution Copper is required 

9 to pay under clause (i) shall not exceed 

10 $500,000. 

11 (c) INTERIM USE OF OAK FLAT FEDERAL LAND.— 

12 (1) IN GENERAL.—Until the Federal land is 

13 transferred to Resolution Copper under section 4(a), 

14 the Secretary shall, subject to paragraphs (2) and 

15 (3), continue to administer and allow public access 

16 to, and use of, rock climbing sites on the Federal 

17 land, other than the excluded areas described in 

18 paragraph (2) 

19 (2) EXCLUDED AREAS.—The excluded areas re20 ferred to in paragraph (1) are the the climbing sites 

21 on the Federal land known as the ‘‘Mine Area’’ and 

22 ‘‘Eurodog Valley’’ areas, as generally depicted on the 

23 map entitled ‘‘Mine Area, Eurodog Valley, and 

24 Magma Mine Road Closure Sites’’ and dated Feb25 ruary 2006. 


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1 (3) CLOSURE TO PUBLIC USE.— 

2 (A) IN GENERAL.—If any of the areas de3 scribed in paragraph (2) have not been closed 

4 to public use as of the date of enactment of this 

5 Act, the areas shall be closed to public use on 

6 the date of enactment of this Act. 

7 (B) MAGMA MINE ROAD.— 

8 (i) IN GENERAL.—Except as provided 

9 in clause (ii), on the date of enactment of 

10 this Act, the Magma Mine Road shall be 

11 closed to further public use. 

12 (ii) EXCEPTION.—The closure under 

13 clause (i) shall not apply to the road seg14 ment of the Magma Mine Road needed to 

15 access the Oak Flat Campground during 

16 the period described in subsection 

17 (a)(3)(A). 

18 (4) BOULDERBLAST COMPETITION.—During 

19 the period beginning on the date of enactment of 

20 this Act and ending on the date that is 5 years after 

21 the date of enactment of this Act, the Secretary of 

22 the Interior, in consultation with Resolution Copper, 

23 may issue not more than 1 special use permit per 

24 year to provide public access to the bouldering area 


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1 on the Federal land for purposes of the annual 

2 ‘‘BoulderBlast’’ competition. 

3 (5) LIABILITY.—Resolution Copper shall not be 

4 liable for any public use of the Federal land under 

5 paragraph (3) or (4). 

6 SEC. 9. MISCELLANEOUS PROVISIONS. 

7 (a) CONTRACTORS.— 

8 (1) IN GENERAL.—Any work relating to a con9 veyance or exchange under section 4 that is per10 formed by a contractor shall be subject to the mu11 tual agreement of the Secretary or the Secretary of 

12 the Interior, as appropriate, and Resolution Copper, 

13 including agreement with respect to— 

14 (A) the selection of the contractor; and 

15 (B) the scope of the work performed by the 

16 contractor. 

17 (2) REVIEW AND APPROVAL.—Review and ap18 proval of any work performed by a contractor under 

19 this subsection shall be— 

20 (A) performed by the Secretary or the Sec21 retary of the Interior, as appropriate; and 

22 (B) subject to Federal, State, and local 

23 laws (including regulations). 

24 (3) LEAD ACTOR AGREEMENT.—The Secretary 

25 and the Secretary of the Interior may mutually 


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1 agree to designate the Secretary as the lead actor 

2 for any action under this subsection. 

3 (b) REVOCATION OF ORDERS; WITHDRAWAL.— 

4 (1) REVOCATION OF ORDERS.—Any public land 

5 order that withdraws the Federal land or the land 

6 to be conveyed to the Board under section 8(b)(1) 

7 from appropriation or disposal under a public land 

8 law shall be revoked to the extent necessary to per9 mit disposal of the land. 

10 (2) WITHDRAWAL.—On the date of enactment 

11 of this Act, if the Federal land is not withdrawn or 

12 segregated from entry and appropriation under a 

13 public land law (including mining and mineral leas14 ing laws and the Geothermal Steam Act of l970 (30 

15 U.S.C. 1001 et seq.)), the Federal land shall be 

16 withdrawn from entry and appropriation, subject to 

17 any right of Resolution Copper, until the date of the 

18 conveyance of Federal land under section 4(a). 

19 (c) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

20 (1) MINOR ERRORS.—The Secretary or the Sec21 retary of the Interior, as appropriate, Resolution 

22 Copper, or the Board, may by mutual agreement 

23 correct any minor errors in any map, acreage esti24 mate, or description of any land conveyed or ex25 changed under this Act. 


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1 (2) CONFLICT.—If there is a conflict between a 

2 map, an acreage estimate, or a description of land 

3 under this Act, the map shall control unless the Sec4 retary, Resolution Copper, or the Board, as appro5 priate, mutually agree otherwise. 

6 (3) AVAILABILITY.— 

7 (A) IN GENERAL.—On the date of enact8 ment of this Act, the Secretary shall file and 

9 make available for public inspection in the Of10 fice of the Supervisor, Tonto National Forest, 

11 any map referred to in this Act. 

12 (B) OTHER MAPS.—Any maps accom13 panying the State Park conveyance and road 

14 access under section 8 shall be made available 

15 for public inspection in the Arizona Office of 

16 the Bureau of Land Management. 

Æ 


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