II 

109TH CONGRESS 

1ST SESSION S. 1122 

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 

MAY 25, 2005 

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. 

4 This Act may be cited as the ‘‘Southeast Arizona 

5 Land Exchange and Conservation Act of 2005’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to further the public inter8 est by authorizing, directing, facilitating, and expediting 
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1 the conveyance and exchange of land between the United 

2 States and Resolution Copper. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

6 means the approximately 562 acres of land referred 

7 to as the ‘‘Apache Leap Conservation Easement 

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

9 Exchange and Conservation Act of 2005–Federal 

10 Parcel–Oak Flat’’, dated January 2005. 

11 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

12 means the approximately 3,025 acres of land located 

13 in Pinal County, Arizona, depicted on the map enti14 tled ‘‘Southeast Arizona Land Exchange and Con15 servation Act of 2005–Federal Parcel–Oak Flat’’, 

16 dated January 2005. 

17 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the land described in paragraphs 

19 (1) and (2) of section 4(c). 

20 (4) RESOLUTION COPPER.—The term ‘‘Resolu21 tion Copper’’ means— 

22 (A) Resolution Copper Mining, LLC, a 

23 Delaware limited liability company; and 
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1 (B) any successor, assign, transferee, 

2 member, or joint venturer of Resolution Copper 

3 Cooper Mining, LLC. 

4 (5) TOWN.—The term ‘‘Town’’ means the Town 

5 of Superior, Arizona, an Arizona incorporated mu6 nicipality. 

7 SEC. 4. LAND CONVEYANCES AND EXCHANGES. 

8 (a) IN GENERAL.—On receipt of an offer from Reso9 lution Copper to convey title acceptable to the Secretary 

10 of Agriculture and the Secretary of the Interior, as appli11 cable, to the non-Federal land, the Secretary of Agri12 culture shall convey to Resolution Copper all right, title, 

13 and interest of the United States in and to the Federal 

14 land, subject to any valid existing right or title reservation, 

15 easement, or other exception required by law or agreed 

16 to by the Secretary of Agriculture and Resolution Copper. 

17 (b) MANDATED LAND CONVEYANCE.—As a condition 

18 of carrying out the land exchange directed by subsection 

19 (a), Resolution Copper shall convey to the United States— 

20 (1) each parcel of land described in subpara21 graphs (A) through (D) of subsection (c)(1); and 

22 (2) each parcel of land described in subpara23 graphs (A) and (B) of subsection (c)(2). 

24 (c) RESOLUTION COPPER LAND EXCHANGE.—Simul25 taneously with the receipt of title to the Federal land 
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1 under subsection (a), Resolution Copper shall convey to 

2 the United States— 

3 (1) title acceptable to the Secretary of Agri4 culture to— 

5 (A) the approximately 147 acres of land lo6 cated in Gila County, Arizona, depicted on the 

7 map entitled ‘‘Southeast Arizona Land Ex8 change and Conservation Act of 2005–Non9 Federal Parcel–Turkey Creek’’, dated January 

10 2005; 

11 (B) the approximately 148 acres of land 

12 located in Yavapai County Arizona, depicted on 

13 the map entitled ‘‘Southeast Arizona Land Ex14 change and Conservation Act of 2005–Non15 Federal Parcel–Tangle Creek’’, dated January 

16 2005; 

17 (C) the approximately 149.3 acres of land 

18 located in Maricopa County, Arizona, depicted 

19 on the map entitled ‘‘Southeast Arizona Land 

20 Exchange and Conservation Act of 2005–Non21 Federal Parcel–Cave Creek’’, dated January 

22 2005; and 

23 (D) the approximately 266 acres of land 

24 located in Pinal County, Arizona, depicted on 

25 the map entitled ‘‘Southeast Arizona Land Ex-
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1 change and Conservation Act of 2005–Non2 Federal Parcel–JI Ranch’’, dated January 

3 2005; and 

4 (2) title acceptable to the Secretary of the Inte5 rior to— 

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

7 located in Pinal County, Arizona, depicted on 

8 the map entitled ‘‘Southeast Arizona Land Ex9 change and Conservation Act of 2005–Non10 Federal Parcel–Lower San Pedro River’’, dated 

11 January 2005; and 

12 (B) the approximately 1031 acres of land 

13 located in Santa Cruz County, Arizona, de14 picted on the map entitled ‘‘Southeast Arizona 

15 Land Exchange and Conservation Act of 2005– 

16 Non-Federal Parcel–Appleton Ranch’’, dated 

17 January 2005. 

18 (d) CONVEYANCE OF LAND TO TOWN.— 

19 (1) IN GENERAL.—Not later than 60 days be20 fore carrying out the land exchange under subsection 

21 (a), on receipt of a request from the Town, the Sec22 retary of Agriculture shall convey to the Town, for 

23 a price equal to market value, as appraised under 

24 section 5— 
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1 (A) the approximately 30 acres of land lo2 cated in Pinal County, Arizona, occupied on the 

3 date of enactment of this Act by the Fairview 

4 Cemetery and depicted on the map entitled 

5 ‘‘Southeast Arizona Land Exchange and Con6 servation Act of 2005–Federal Parcel–Fairview 

7 Cemetery’’, dated January 2005; 

8 (B) the reversionary interest of the United 

9 States in the approximately 265 acres of land 

10 located in Pinal County, Arizona, depicted on 

11 the map entitled ‘‘Southeast Arizona Land Ex12 change and Conservation Act of 2005–Federal 

13 Reversionary Interest–Superior Airport’’, dated 

14 January 2005; and 

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

16 any of the 7 parcels of land totaling approxi17 mately 100 acres, located in Pinal County, Ari18 zona, depicted on the map entitled ‘‘Southeast 

19 Arizona Land Exchange and Conservation Act 

20 of 2005–Federal Parcel–Superior Airport Con21 tiguous Parcels 1–7’’, dated January 2005. 

22 (2) CONDITION OF CONVEYANCE.—Any convey23 ance of land under paragraph (1) shall be carried 

24 out in a manner that provides the United States 

25 manageable boundaries on any parcel retained by 
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1 the Secretary of Agriculture, to the maximum extent 

2 practicable. 

3 (e) TIMING OF EXCHANGE.—It is the intent of Con4 gress that the land exchange directed by this section be 

5 carried out not later than 1 year after the date of enact6 ment of this Act. 

7 (f) COSTS OF CONVEYANCES AND EXCHANGES.— 

8 Resolution Copper shall be responsible for hiring all con9 tractors and paying the costs associated with— 

10 (1) all appraisals of land (including reasonable 

11 reimbursement to the Secretary of Agriculture on re12 quest of the Secretary of Agriculture for the cost of 

13 reviewing and approving an appraisal); 

14 (2) land surveys, including any necessary land 

15 surveys by the Bureau of Land Management Cadas16 tral Survey; and 

17 (3) any other cost agreed to by Resolution Cop18 per and the Secretary of Agriculture. 

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

20 (a) EXCHANGE VALUATION.— 

21 (1) IN GENERAL.—The values of land ex22 changed or conveyed under section 4 (including any 

23 Federal reversionary interest) shall be equal, as de24 termined by the Secretary of Agriculture through an 
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1 appraisal conducted in accordance with paragraph 

2 (2). 

3 (2) APPRAISALS.— 

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

5 section shall be— 

6 (i) performed by an appraiser mutu7 ally agreed to by the Secretary of Agri8 culture and Resolution Copper; 

9 (ii) performed in accordance with— 

10 (I) the Uniform Appraisal Stand11 ards for Federal Land Acquisitions 

12 (Department of Justice, 5th Edition, 

13 December 20, 2000); 

14 (II) the Uniform Standards of 

15 Professional Appraisal Practice; and 

16 (III) Forest Service appraisal in17 structions; and 

18 (iii) submitted to the Secretary of Ag19 riculture for review and approval. 

20 (B) REAPPRAISALS AND UPDATED AP21 PRAISED VALUES.—After the final appraised 

22 value of a parcel is determined and approved 

23 under subparagraph (A), the Secretary of Agri24 culture shall not be required to reappraise or 

25 update the final appraised value— 
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1 (i) for a period of 3 years after the 

2 approval by the Secretary of Agriculture of 

3 the final appraised value under subpara4 graph (A)(iii); or 

5 (ii) at all, after an exchange agree6 ment is entered into by Resolution Copper 

7 and the Secretary of Agriculture. 

8 (C) PUBLIC REVIEW.—Before carrying out 

9 a land exchange under section 4, the Secretary 

10 of Agriculture shall make available for public 

11 review a summary of the appraisals of the land 

12 to be exchanged. 

13 (3) FAILURE TO AGREE.—If the Secretary of 

14 Agriculture and Resolution Copper fail to agree on 

15 the value of a parcel to be exchanged, the final value 

16 of the parcel shall be determined in accordance with 

17 section 206(d) of the Federal Land Policy and Man18 agement Act of 1976 (43 U.S.C. 1716(d)). 

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

20 land directed to be conveyed to Resolution Copper 

21 under section 4(a) shall be determined as if the land 

22 is unencumbered by any unpatented mining claims 

23 owned by Resolution Copper. 

24 (b) EQUALIZATION OF VALUE.— 

25 (1) SURPLUS OF FEDERAL LAND VALUE.— 
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1 (A) IN GENERAL.—If the final appraised 

2 value of the Federal land exceeds the value of 

3 the non-Federal land in an exchange under sec4 tion 4, Resolution Copper shall make a cash 

5 equalization payment to the Secretary of Agri6 culture to equalize the values of the Federal 

7 land and non-Federal land. 

8 (B) COMPLIANCE WITH FEDERAL LAND

9 POLICY AND MANAGEMENT ACT.—A payment 

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

11 amount authorized by section 206(b) of the 

12 Federal Land Policy and Management Act of 

13 1976 (43 U.S.C. 1716(b)). 

14 (C) USE OF FUNDS.—Any funds received 

15 by the Secretary of Agriculture shall be consid16 ered to be money received and deposited in the 

17 fund established under Public Law 90–171 

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

19 U.S.C. 484a), and may be used by the Sec20 retary, without further appropriation, for the 

21 acquisition of land for addition to the National 

22 Forest System in the State of Arizona. 

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

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

25 value of the non-Federal land exceeds the value 
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1 of the Federal land in an exchange under sec2 tion 4, the Secretary of the Interior, subject to 

3 the availability of funds, shall make a payment 

4 to Resolution Copper to equalize the values of 

5 the land. 

6 (B) WAIVER.— 

7 (i) IN GENERAL.—A payment under 

8 subparagraph (A) may be waived in whole 

9 or in part by Resolution Copper. 

10 (ii) EFFECT.—An amount waived 

11 under clause (i) shall be considered to be 

12 a donation by Resolution Copper to the 

13 United States for all purposes of law. 

14 (3) PAYMENT FOR LAND CONVEYED TO

15 TOWN.— 

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

17 Secretary of Agriculture market value for any 

18 land acquired by the Town from the Secretary 

19 of Agriculture under section 4(d). 

20 (B) CREDIT.—If the Secretary of the Inte21 rior owes a payment to Resolution Copper 

22 under paragraph (2)— 

23 (i) the Secretary of the Interior shall 

24 credit against the amount owed to Resolu25 tion Copper the market value of any land 
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1 conveyed to the Town under section 4(d); 

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.—Before the Federal land is con12 veyed under section 4(a), Resolution Copper shall deliver 

13 to the Secretary of Agriculture an executed document 

14 granting a permanent conservation easement to an entity 

15 (referred to in this section as the ‘‘grantee’’) that is— 

16 (1) a qualified unit of government; or 

17 (2) a land trust or other qualified organization 

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

19 Code of 1986. 

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

21 easement under this section shall be the surface estate of 

22 Apache Leap. 

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

24 section shall— 
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1 (1) prohibit surface development of the ease2 ment area by Resolution Copper, except for fences, 

3 signs, monitoring devices, or other improvements for 

4 an administrative, public health and safety, or other 

5 appropriate purposes, as determined by Resolution 

6 Copper and the grantee; 

7 (2) prohibit commercial mineral extraction 

8 under the easement area by any method that could 

9 impact the surface of the easement area; and 

10 (3) provide for appropriate nonmotorized public 

11 access to and use of the easement area, as deter12 mined by Resolution Copper and the grantee. 

13 (d) ADDITIONAL PUBLIC ACCESS ROUTES.— 

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

15 the date of the conveyance under section 4(a), Reso16 lution Copper and the grantee, in consultation with 

17 the Town and other interested parties, shall deter18 mine whether the area covered by the conservation 

19 easement should be used to establish additional pub20 lic access routes (including motorized roads), trails, 

21 and trailheads to Apache Leap. 

22 (2) FUNDING.—If it is determined by Resolu23 tion Copper and the grantee that it is desirable to 

24 provide additional public access routes in the ease25 ment area, Resolution Copper shall pay the reason-
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1 able cost of establishing an additional public access 

2 routes, trails, or trailheads under this subsection, 

3 not to exceed $250,000. 

4 (e) EASEMENT AND APPRAISAL.— 

5 (1) IN GENERAL.—The requirement for Resolu6 tion Copper to grant the conservation easement shall 

7 not be considered in determining, or result in any 

8 diminution in, the market value of the Federal land 

9 for purposes of the appraisals required under section 

10 5. 

11 (2) EFFECT.—The market value of the con12 servation easement and any amount paid by Resolu13 tion Copper under subsection (d)(2) shall be consid14 ered to be a donation by Resolution Copper to the 

15 United States. 

16 (f) MINING ACTIVITIES.— 

17 (1) IN GENERAL.—Except as provided in sub18 section (c) and other Federal law (including regula19 tions) relating to mining activities on private land, 

20 the conservation easement shall not impose any ad21 ditional restrictions on mining activities carried out 

22 by Resolution Copper after the date of the convey23 ance under section 4(a). 

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

25 liable for any damage to the easement area caused 
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1 by future use or failure of any tunnel or other un2 derground mining works established on the Federal 

3 land on or before the date of the conveyance under 

4 section 4(a). 

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

6 by the Secretary of Agriculture and Resolution Copper, 

7 the Secretary of Agriculture shall not be— 

8 (1) a party to the conservation easement under 

9 this section; or 

10 (2) involved in the drafting, monitoring, or en11 forcement of the conservation easement. 

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

13 ACQUIRED LAND. 

14 (a) LAND ACQUIRED BY THE SECRETARY OF AGRI15 CULTURE.— 

16 (1) IN GENERAL.—Land acquired by the Sec17 retary of Agriculture under this Act shall— 

18 (A) become part of the National Forest 

19 within which the land is located; and 

20 (B) be administered in accordance with the 

21 laws (including regulations) applicable to the 

22 National Forest System. 

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

24 the Land and Water Conservation Fund Act of 1965 

25 (16 U.S.C. 4601 et seq.), the boundaries of a Na-
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1 tional Forest in which land acquired by the Sec2 retary of Agriculture is located shall be deemed to 

3 be the boundaries of that forest as in existence on 

4 January 1, 1965. 

5 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN6 TERIOR.—Land acquired by the Secretary of the Interior 

7 under this Act shall— 

8 (1) become part of the administrative unit or 

9 area within which the land is located; and 

10 (2) be administered in accordance with the laws 

11 (including regulations) applicable to public land. 

12 SEC. 8. PUBLIC USES OF FEDERAL LAND. 

13 (a) OAK FLAT CAMPGROUND.— 

14 (1) REPLACEMENT CAMPGROUND.— 

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

16 after the date of enactment of this Act, the Sec17 retary of Agriculture, in consultation with Reso18 lution Copper, the Town, and other interested 

19 parties, shall design and construct in the Globe 

20 Ranger District of the Tonto National Forest a 

21 replacement campground or campgrounds for 

22 the Oak Flat Campground (including an access 

23 route or routes thereto). 

24 (B) PUBLIC FACILITIES.—The replacement 

25 campground or campgrounds shall be designed 
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1 and constructed in a manner that adequately 

2 (as determined in the sole discretion of the Sec3 retary of Agriculture) replaces, or improves on, 

4 the facilities, functions, and amenities available 

5 to the public at the Oak Flat Campground. 

6 (2) COSTS OF REPLACEMENT.—Resolution Cop7 per shall pay the cost of designing, constructing, and 

8 providing access to the replacement campground or 

9 campgrounds under this subsection, not to exceed 

10 $500,000. 

11 (3) INTERIM OAK FLAT CAMPGROUND AC12 CESS.— 

13 (A) IN GENERAL.—The document con14 veying the Federal land to Resolution Copper 

15 under section 4(a) shall specify that the Sec16 retary of Agriculture shall continue to operate 

17 and maintain the Oak Flat Campground until 

18 the earlier of— 

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

20 date of enactment of this Act; or 

21 (ii) the date on which the replacement 

22 campground under this subsection is devel23 oped and opened for public use. 

24 (B) LIABILITY.—During the interim period 

25 described in subparagraph (A), Resolution Cop-
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1 per shall not be liable for any public use of the 

2 Oak Flat Campground. 

3 (b) ROCK CLIMBING.— 

4 (1) REPLACEMENT ROCK CLIMBING AREA.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date of consummation of the land ex7 change under section 4, the Secretary of Agri8 culture, in consultation with the Secretary of 

9 the Interior, Resolution Copper, the Town, local 

10 climbing organizations, and other interested 

11 parties, shall identify and provide a replacement 

12 rock climbing area or areas (including public 

13 access thereto) on National Forest land or pub14 lic land. 

15 (B) CHARACTERISTICS.—The replacement 

16 rock climbing area under subparagraph (A) 

17 shall possess, to the maximum extent prac18 ticable (in the sole discretion of the Secretary 

19 of Agriculture), the general characteristics of 

20 the rock climbing area on the Federal land. 

21 (2) COSTS OF REPLACEMENT.—Resolution Cop22 per shall pay any costs incurred by the Secretary of 

23 Agriculture or the Secretary of the Interior in study24 ing, accessing, and developing the replacement rock 
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1 climbing area or areas under this subsection, not to 

2 exceed $250,000. 

3 (3) INTERIM USE.— 

4 (A) IN GENERAL.—The document con5 veying the Federal land to Resolution Copper 

6 under section 4(a) shall specify that the Sec7 retary of Agriculture— 

8 (i) for a period of 2 years after the 

9 date of enactment of this Act, shall con10 tinue to administer and allow public access 

11 to the rock climbing area on the Federal 

12 land; and 

13 (ii) for a period of 5 years after the 

14 date of enactment of this Act, may issue 

15 once each year a special use permit for 

16 public access to the bouldering area on the 

17 Federal land for purposes of the annual 

18 ‘‘BoulderBlast’’ competition. 

19 (B) LIABILITY.—During the periods de20 scribed in subparagraph (A), Resolution Copper 

21 shall not be liable for any public use of— 

22 (i) a rock climbing area on the Fed23 eral land; or 

24 (ii) a bouldering area on the Federal 

25 land. 
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1 (4) ADDITIONAL ROCK CLIMBING PROVI2 SIONS.—[TO BE SUPPLIED] 

3 SEC. 9. MISCELLANEOUS PROVISIONS. 

4 (a) CONTRACTORS.— 

5 (1) IN GENERAL.—Any work relating to a con6 veyance or exchange under section 4 performed by 

7 a contractor shall be subject to the mutual agree8 ment of the Secretary concerned and Resolution 

9 Copper, including— 

10 (A) the selection of the contractor; and 

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

12 contractor. 

13 (2) REVIEW AND APPROVAL.—Review and ap14 proval of any work performed by a contractor under 

15 this paragraph shall be— 

16 (A) performed by the Secretary concerned; 

17 and 

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

19 laws (including regulations). 

20 (3) LEAD ACTOR AGREEMENT.—The Secretary 

21 of Agriculture and the Secretary of the Interior may 

22 agree that the Secretary of Agriculture shall be the 

23 lead actor for any action under this subsection. 

24 (b) REVOCATION OF ORDERS; WITHDRAWAL.— 
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1 (1) REVOCATION OF ORDERS.—At the time of 

2 the conveyance under section 4(a), any public land 

3 order that withdraws the Federal land from appro4 priation or disposal under a public land law shall be 

5 revoked. 

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

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

8 segregated from entry and appropriation under a 

9 public land law (including mining and mineral leas10 ing laws and the Geothermal Steam Act of l970 (30 

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

12 withdrawn from entry and appropriation, subject to 

13 any right of Resolution Copper, until the date of its 

14 conveyance under section 4(a). 

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

16 (1) MINOR ERRORS.—The Secretary of Agri17 culture and Resolution Copper may correct by agree18 ment any minor error in a map, acreage estimate, or 

19 description of the Federal land or non-Federal land 

20 exchanged under section 4. 

21 (2) DISCREPANCIES.—If there are any discrep22 ancies between a map, an acreage estimate, or a de23 scription of the land exchanged under section 4, the 

24 map shall be the controlling document, unless the 
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1 Secretary of Agriculture and Resolution Copper 

2 agree otherwise. 

3 (3) PUBLIC INSPECTION.—Upon the enactment 

4 of this Act, the Secretary of Agriculture shall file 

5 and make available for public inspection in the Of6 fice of the Supervisor, Tonto National Forest, any 

7 map referred to in this Act. 

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