II 

110TH CONGRESS 

2D SESSION S. 3157 

To provide for the exchange and conveyance of certain National Forest 

System land and other land in southeast Arizona, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2008 

Mr. KYL introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To provide for the exchange and conveyance of certain National Forest System land and other land in southeast 

Arizona, and for other purposes. 

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 2008’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to advance the public interest by author9 izing, directing, facilitating, and expediting the conVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 veyance and exchange of land between the United 

2 States and Resolution Copper Mining, LLC; and 

3 (2) to provide for the permanent protection of 

4 cultural and other resources and uses of the Apache 

5 Leap escarpment located in close proximity to the 

6 town of Superior, Arizona. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

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

10 means the approximately 695 acres of land referred 

11 to as the ‘‘Apache Leap Conservation Easement 

12 Area’’ on the map entitled ‘‘Apache Leap Conserva13 tion Easement Area’’, dated November 2006. 

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

15 means the approximately 3,025 acres of land located 

16 in Pinal County, Arizona, depicted on the map enti17 tled ‘‘Southeast Arizona Land Exchange and Con18 servation Act of 2005—Federal Parcel—Oak Flat’’, 

19 dated January 2005. 

20 (3) GRANTEE.—The term ‘‘grantee’’ means the 

21 1 or more entities that are granted the permanent 

22 conservation easement under section 6(a). 

23 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the land described in section 

25 4(b)(1). 


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1 (5) OAK FLAT CAMPGROUND.—The term ‘‘Oak 

2 Flat Campground’’ means the campground that is— 

3 (A) comprised of approximately 16 devel4 oped campsites (including the approximately 75 

5 acres adjacent to the campsites); and 

6 (B) generally depicted on the map entitled 

7 ‘‘Oak Flat Campground’’, dated May 2008. 

8 (6) RESOLUTION COPPER.—The term ‘‘Resolu9 tion Copper’’ means— 

10 (A) Resolution Copper Mining, LLC, a 

11 Delaware limited liability company; and 

12 (B) any successor, assign, affiliate, mem13 ber, or joint venturer of Resolution Copper Min14 ing, LLC. 

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

16 the Secretary of Agriculture. 

17 (8) TOWN.—The term ‘‘Town’’ means the Town 

18 of Superior, Arizona, which is an incorporated mu19 nicipality. 

20 SEC. 4. LAND CONVEYANCES AND EXCHANGES.. 

21 (a) IN GENERAL.—On receipt from Resolution Cop22 per of a written offer to convey to the United States all 

23 right, title, and interest of Resolution Copper in and to 

24 the non-Federal land that is acceptable to the Secretary 

25 or the Secretary of the Interior, as appropriate, and that 


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1 conforms to the title approval standards of the Attorney 

2 General applicable to Federal land acquisitions, the Sec3 retary shall— 

4 (1) accept the offer; and 

5 (2) convey to Resolution Copper all right, title, 

6 and interest of the United States in and to the Fed7 eral land, subject to any valid existing right or title 

8 reservation, easement, or other exception required by 

9 law or agreed to by the Secretary and Resolution 

10 Copper. 

11 (b) CONVEYANCE OF LAND.—On receipt of title to 

12 the Federal land under subsection (a), Resolution Copper 

13 shall simultaneously convey— 

14 (1) to the Secretary, all right, title, and interest 

15 that the Secretary determines to be acceptable in 

16 and to— 

17 (A) the approximately 147 acres of land lo18 cated in Gila County, Arizona, depicted on the 

19 map entitled ‘‘Southeast Arizona Land Ex20 change and Conservation Act of 2005—Non21 Federal Parcel—Turkey Creek’’, dated January 

22 2005; 

23 (B) the approximately 148 acres of land 

24 located in Yavapai County Arizona, depicted on 

25 the map entitled ‘‘Southeast Arizona Land ExVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 change and Conservation Act of 2005—Non2 Federal Parcel—Tangle Creek’’, dated January 

3 2005; 

4 (C) the approximately 149 acres of land lo5 cated in Maricopa County, Arizona, depicted on 

6 the map entitled ‘‘Southeast Arizona Land Ex7 change and Conservation Act of 2005—Non8 Federal Parcel—Cave Creek’’, dated January 

9 2005; 

10 (D) the approximately 266 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—Non14 Federal Parcel—JI Ranch’’, dated January 

15 2005; 

16 (E) the approximately 640 acres of land 

17 located in Coconino County, Arizona, depicted 

18 on the map entitled ‘‘Southeast Arizona Land 

19 Exchange and Conservation Act of 2005—Non20 Federal Parcel—East Clear Creek’’, dated Au21 gust 2005; and 

22 (F) the approximately 95 acres of land lo23 cated in Pinal County, Arizona, depicted on the 

24 map entitled ‘‘Southeast Arizona Land Ex25 change and Conservation Act of 2008—NonVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 Federal Parcel—The Pond’’, dated May 2008; 

2 and 

3 (2) to the Secretary of the Interior, all right, 

4 title, and interest that the Secretary of the Interior 

5 determines to be acceptable in and to— 

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

7 located in Pinal County, Arizona, depicted on 

8 the map entitled ‘‘Lower San Pedro River Par9 cel’’, dated May 31, 2006; 

10 (B) the approximately 160 acres of land 

11 located in Gila and Pinal Counties, Arizona, 

12 depicted on the map entitled ‘‘Southeast Ari13 zona Land Exchange and Conservation 

14 Act of 2005—Non-Federal Parcel—Dripping 

15 Springs’’, dated August 2005; and 

16 (C) the approximately 956 acres of land lo17 cated in Santa Cruz County, Arizona, depicted 

18 on the map entitled ‘‘Southeast Arizona Land 

19 Exchange and Conservation Act of 2008—Non20 Federal Parcel—Appleton Ranch’’, dated May 

21 2008. 

22 (c) CONVEYANCE OF LAND TO TOWN.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 not later than 90 days after the date on which the 

25 exchange under subsection (b) is completed, on reVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 ceipt of a request from the Town for any parcel of 

2 land described in paragraph (2), the Secretary shall 

3 convey to the Town, for a price equal to market 

4 value, as appraised under section 5 and subject to 

5 any credit under section 5(b)(3), each parcel of land 

6 that the Town requests. 

7 (2) ELIGIBLE PARCELS.—The Town may re8 quest— 

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—Fair15 view Cemetery’’, dated January 2005; 

16 (B) the reversionary interest, and any re17 served mineral interest, of the United States in 

18 the approximately 265 acres of land located in 

19 Pinal County, Arizona, depicted on the map en20 titled ‘‘Southeast Arizona Land Exchange and 

21 Conservation Act of 2005—Federal Rever22 sionary Interest—Superior Airport’’, dated Jan23 uary 2005; and 

24 (C) the approximately 181 acres of land lo25 cated in Pinal County, Arizona, depicted on the 


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1 map entitled ‘‘Southeast Arizona Land Ex2 change and Conservation Act of 2005—Federal 

3 Parcel—Superior Airport Contiguous Parcel’’, 

4 dated June 2005. 

5 (3) 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 (b) 

12 should be completed not later than 1 year after the date 

13 of enactment of this Act. 

14 (e) COSTS OF CONVEYANCES AND EXCHANGES.—In 

15 accordance with sections 254.4 and 254.7 of title 36, Code 

16 of Federal Regulations (or successor regulations), Resolu17 tion Copper shall assume responsibility for— 

18 (1) hiring any contractors determined by the 

19 Secretary to be necessary for carrying out an ex20 change or conveyance under subsection (a), (b), or 

21 (c); and 

22 (2) paying, without compensation— 

23 (A) the costs of each appraisal relating to 

24 the exchange or conveyance under subsection 

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1 bursements to the Secretary on request of the 

2 Secretary for the cost of reviewing and approv3 ing an appraisal; 

4 (B) the costs of any hazardous materials 

5 survey, mitigation requirement, clearance, or 

6 land survey, including any necessary land sur7 veys conducted by the Bureau of Land Manage8 ment Cadastral Survey; and 

9 (C) any other cost agreed to by Resolution 

10 Copper and the Secretary. 

11 (f) CONTRACTOR WORK AND APPROVALS.— 

12 (1) IN GENERAL.—Any work relating to the ex13 change or conveyance of land that is performed by 

14 a contractor shall be subject to the mutual agree15 ment of the Secretary and Resolution Copper, in16 cluding any agreement with respect to— 

17 (A) the selection of the contractor; and 

18 (B) the scope of work performed by the 

19 contractor. 

20 (2) REVIEW AND APPROVAL.—Any required re21 view and approval of work by a contractor shall be 

22 performed by the Secretary in accordance with appli23 cable law (including regulations). 

24 (3) LEAD ACTOR.—The Secretary and the Sec25 retary of the Interior may mutually agree to desVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 ignate the Secretary as the lead actor for any action 

2 under this subsection. 

3 (g) PRE-EXCHANGE PROCESSING.—Before com4 pleting the land exchange under subsection (b), the Sec5 retary or the Secretary of the Interior, as appropriate, 

6 shall complete— 

7 (1) any necessary land survey; and 

8 (2) any required clearance, review, mitigation 

9 activity, or approval relating to any threatened and 

10 endangered species, cultural or historic resource, 

11 wetlands and floodplains, or hazardous material. 

12 (h) POST-EXCHANGE PROCESSING.—Before com13 mencing production in commercial quantities of any valu14 able mineral from the Federal land conveyed to Resolution 

15 Copper pursuant to subsection (a)(2) (except for any such 

16 production from any exploration and mine development 

17 shafts, adits, and tunnels needed to determine feasibility 

18 and pilot plant testing of commercial production or to ac19 cess the ore body and tailings deposition areas), the Sec20 retary shall publish an environmental impact statement in 

21 accordance with section 102(2)(C) of the National Envi22 ronmental Policy Act of 1969 (42 U.S.C.4322(2)(C)) re23 garding any Federal agency action carried out relating to 

24 the commercial production, including an analysis of the 

25 impacts of the production. 


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

2 (a) EXCHANGE VALUATION.— 

3 (1) IN GENERAL.—The value of the land ex4 changed or conveyed under subsection (a), (b), or (c) 

5 of section 4 (including any reversionary interest) 

6 shall be determined by the Secretary through 1 or 

7 more appraisals conducted in accordance with para8 graph (2). 

9 (2) APPRAISALS.— 

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

11 section shall be— 

12 (i) performed by an appraiser mutu13 ally agreed to by the Secretary and Resolu14 tion Copper; 

15 (ii) performed in accordance with— 

16 (I) the Uniform Appraisal Stand17 ards for Federal Land Acquisitions 

18 (Department of Justice, 5th Edition, 

19 December 20, 2000); 

20 (II) the Uniform Standards of 

21 Professional Appraisal Practice; and 

22 (III) Forest Service appraisal in23 structions; and 

24 (iii) submitted to the Secretary for re25 view and approval. 


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1 (B) REAPPRAISALS AND UPDATED AP2 PRAISED VALUES.—After the final appraised 

3 value of a parcel is determined and approved 

4 under subparagraph (A), the Secretary shall 

5 not be required to reappraise or update the 

6 final appraised value— 

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

8 approval by the Secretary of the final ap9 praised value under subparagraph (A)(iii); 

10 or 

11 (ii) at all, after an exchange agree12 ment is entered into by Resolution Copper 

13 and the Secretary. 

14 (C) PUBLIC REVIEW.—Before carrying out 

15 a land exchange under section 4, the Secretary 

16 shall make available for public review a sum17 mary of the appraisals of the land to be ex18 changed. 

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

20 Resolution Copper fail to agree on the value of a 

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

22 shall be determined in accordance with section 

23 206(d) of the Federal Land Policy and Management 

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

25 (4) FEDERAL LAND APPRAISAL.— 


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1 (A) TREATMENT AS UNENCUMBERED.— 

2 (i) IN GENERAL.—Subject to clause 

3 (ii), the value of the Federal land shall be 

4 determined as if the land is unencumbered 

5 by any unpatented mining claims of Reso6 lution Copper. 

7 (ii) EFFECT.—Nothing in this Act af8 fects the validity of any unpatented mining 

9 claim or right of Resolution Copper. 

10 (B) APPRAISAL INFORMATION.—To pro11 vide any information necessary to calculate a 

12 value adjustment payment for purposes of sec13 tion 10, the appraisal under this paragraph 

14 shall include a detailed royalty income approach 

15 analysis, in accordance with the Uniform Ap16 praisal Standards for Federal Land Acquisition, 

17 of the market value of the Federal land, regard18 less of whether that analysis does not reflect 

19 the appraisal approach relied on by the ap20 praiser to determine the final market value of 

21 the Federal land. 

22 (b) EQUALIZATION OF VALUE-SURPLUS OF FEDERAL

23 LAND VALUE.— 

24 (1) IN GENERAL.—If the final appraised value 

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1 Federal land, Resolution Copper shall make a cash 

2 equalization payment to the Secretary to equalize 

3 the values of the Federal land and non-Federal land. 

4 (2) AMOUNT OF PAYMENT.—Notwithstanding 

5 section 206(b) of the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1716(b)), the Sec7 retary may accept a cash equalization payment 

8 under paragraph (1) in an amount that is greater 

9 than 25 percent of the value of the Federal land. 

10 (3) DISPOSITION AND USE OF PROCEEDS.—A 

11 cash equalization payment received by the Secretary 

12 under paragraph (1) shall— 

13 (A) without further appropriation, be de14 posited in the Federal Land Disposal Account 

15 established by section 206(a) of the Federal 

16 Land Transaction Facilitation Act (43 U.S.C. 

17 2305(a)); and 

18 (B) regardless of whether that account is 

19 terminated, remain available to the Secretary 

20 and the Secretary of the Interior, as jointly de21 termined to be appropriate, for— 

22 (i) the acquisition from willing sellers, 

23 during the 2-year period beginning on the 

24 date on which the payment is deposited in 

25 the Federal Land Disposal Account, of 


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1 land or interests in land within the hydro2 graphic boundary of the San Pedro River 

3 (including tributaries) in the State of Ari4 zona; or 

5 (ii) the management and protection of 

6 endangered species and other sensitive 

7 land or environmental values in the San 

8 Pedro Riparian National Conservation 

9 Area established by section 101 of the Ari10 zona-Idaho Conservation Act of 1988 (16 

11 U.S.C. 460xx), including management 

12 under any applicable cooperative agree13 ment between the Secretary of the Interior 

14 and an appropriate State or local agency 

15 or qualified organization under section 

16 103(c) of that Act (16 U.S.C. 460xx–2(c)). 

17 (c) SURPLUS OF NON-FEDERAL LAND VALUE.—If 

18 the final appraised value of the non-Federal land exceeds 

19 the value of the Federal land involved in the exchange 

20 under section 4— 

21 (1) the Secretary shall not make a payment to 

22 Resolution Copper to equalize the values of the land; 

23 and 


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1 (2) the surplus value of the non-Federal consid2 eration shall be considered a donation by Resolution 

3 Copper to the United States. 

4 (d) PAYMENT FOR LAND CONVEYED TO TOWN.— 

5 (1) IN GENERAL.—The Town shall pay the Sec6 retary market value for any land acquired by the 

7 Town from the Secretary under section 4(c), as de8 termined by the Secretary through an appraisal con9 ducted in accordance with subsection (a)(2). 

10 (2) CREDIT.—If the final appraised value of the 

11 non-Federal land exceeds the value of the Federal 

12 land in the exchange under section 4, the obligation 

13 of the Town to pay the United States under para14 graph (1) shall be reduced by an amount equal to 

15 the excess value of the non-Federal consideration. 

16 (3) DEPOSITS.—The Secretary shall deposit 

17 any amounts received from the Town under this sub18 section in the fund established under Public Law 

19 90–171 (commonly known as the ‘‘Sisk Act’’) (16 

20 U.S.C. 484a). 

21 (4) USE OF FUNDS.—Amounts deposited under 

22 paragraph (3) shall be available to the Secretary 

23 until expended, without further appropriation, for 

24 the acquisition of land or interests in land in the 

25 National Forest System in the State of Arizona. 


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1 (e) CONFORMING AMENDMENT.—Section 103(c) of 

2 the Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 

3 460xx–2(c)) is amended by inserting ‘‘or qualified organi4 zations (as defined in section 170(h) of the Internal Rev5 enue Code of l986)’’ after ‘‘State and local agencies’’. 

6 SEC. 6. APACHE LEAP NATURAL AND CULTURAL RE7 SOURCE CONSERVATION EASEMENT. 

8 (a) IN GENERAL.—To protect the scenic, cultural, 

9 historic, educational, and natural resource values of the 

10 Apache Leap escarpment, as a condition of the land ex11 change under section 4, Resolution Copper shall deliver 

12 to the Secretary an executed document granting a perma13 nent conservation easement for the easement area to an 

14 entity that is— 

15 (1) a qualified unit of government or Indian 

16 tribe; 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— 

25 (1) shall— 


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1 (A) prohibit surface development of the 

2 easement area by Resolution Copper, except for 

3 a fence, sign, monitoring device, or other im4 provement for an administrative, public health 

5 and safety, or other appropriate purpose, as de6 termined by Resolution Copper and any grantee 

7 of the conservation easement; 

8 (B) prohibit commercial mineral extraction 

9 under the easement area; and 

10 (C) provide for appropriate nonmotorized 

11 public access to and use of the easement area, 

12 as determined by Resolution Copper and any 

13 grantee of the conservation easement; and 

14 (2) may contain such other terms and condi15 tions as the grantor or grantee of the conservation 

16 easement, in consultation with the Town, interested 

17 Indian tribes, and any other interested parties, de18 termines to be appropriate to conserve, protect, en19 hance, and manage the cultural and historic re20 sources and traditional uses of the easement area. 

21 (d) ENDOWMENT.—As a condition of the conveyance 

22 under section 4(a), Resolution Copper shall pay to the 

23 grantee of the conservation easement under this section 

24 $250,000, to be used by the grantee of the conservation 

25 easement— 


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1 (1) to monitor the easement; 

2 (2) to enforce the borders of the easement; 

3 (3) to carry out any administrative activity re4 lating to the easement; and 

5 (4) to provide such additional protections, ac6 cess, or alternative access as may be determined ap7 propriate pursuant to subsection (f). 

8 (e) ROLE OF SECRETARY.— 

9 (1) IN GENERAL.—The Secretary— 

10 (A) may be consulted during the prepara11 tion and drafting of the executed document 

12 granting a permanent conservation easement to 

13 the easement area under subsection (a); but 

14 (B) unless otherwise agreed to by the Sec15 retary and Resolution Copper, shall not be— 

16 (i) a party to the conservation ease17 ment under this section; or 

18 (ii) required to carry out any activity 

19 relating to the monitoring or enforcement 

20 of the conservation easement under this 

21 section. 

22 (2) ADDITIONAL MANAGEMENT.—The Secretary 

23 may manage the Notch area labeled and depicted on 

24 the map referred to in section 3(1) in accordance 


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1 with the terms of the conservation easement under 

2 this section. 

3 (f) ADDITIONAL PROTECTIONS AND ACCESS.—Not 

4 later than 3 years after the date of the conveyance of the 

5 Federal land, Resolution Copper and the grantee, in con6 sultation with the Town, interested Indian tribes, and 

7 other interested parties, shall determine whether the area 

8 covered by the conservation easement should be managed 

9 to establish— 

10 (1) additional cultural and historical resource 

11 protections or measures, including permanent or sea12 sonal closures of any portion of the easement area 

13 to protect cultural or archeological resources; or 

14 (2) additional or alternative public access 

15 routes, trails, and trailheads to Apache Leap. 

16 (g) EASEMENT AND APPRAISAL.— 

17 (1) IN GENERAL.—The requirement that Reso18 lution Copper grant the conservation easement 

19 under this section shall not be considered in deter20 mining, or result in any diminution in, the market 

21 value of the Federal land for purposes of an ap22 praisal under section 5. 

23 (2) EFFECT.—The market value of the con24 servation easement and any amount paid by Resolu25 tion Copper under subsection (d) shall be considered 


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1 to be a donation by Resolution Copper to the United 

2 States. 

3 (h) MINING ACTIVITIES.—Except as provided in sub4 section (c) and other Federal law (including regulations) 

5 relating to mining activities on private land, the conserva6 tion easement shall not impose any additional restrictions 

7 on mining activities carried out by Resolution Copper out8 side of the easement area after the date of the conveyance 

9 under section 4(a). 

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

11 ACQUIRED LAND. 

12 (a) LAND ACQUIRED BY THE SECRETARY.— 

13 (1) IN GENERAL.—Land acquired by the Sec14 retary under this Act, including any land or interest 

15 in land acquired by the Secretary under section 4(b) 

16 shall— 

17 (A) become part of the National Forest 

18 within which the land is located; and 

19 (B) be administered in accordance with the 

20 laws (including regulations) applicable to the 

21 National Forest System. 

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

23 the Land and Water Conservation Fund Act of 1965 

24 (16 U.S.C. 4601 et seq.), the boundaries of a Na25 tional Forest in which land acquired by the SecVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 retary is located shall be deemed to be the bound2 aries of that forest as in existence on January 1, 

3 1965. 

4 (3) MANAGEMENT OF JI RANCH.— 

5 (A) IN GENERAL.—On the date on which 

6 the Secretary acquires the JI Ranch parcel de7 scribed in section 4(b)(1)(A)(iv), the Secretary 

8 shall manage the land to allow Yavapai and 

9 Apache Indian tribes— 

10 (i) to access the land; and 

11 (ii) to undertake traditional activities 

12 relating to the gathering of acorns. 

13 (B) AUTHORITY OF SECRETARY.—On re14 ceipt of a request from the Yavapai or Apache 

15 Indian tribe, the Secretary may temporarily or 

16 seasonally close to the public any portion of the 

17 land described in section 4(b)(1) during the pe18 riod in which the Yavapai or Apache Indian 

19 tribe undertakes any activity described in sub20 paragraph (A)(ii). 

21 (b) LAND ACQUIRED BY THE SECRETARY OF THE IN22 TERIOR.— 

23 (1) IN GENERAL.—Land acquired by the Sec24 retary of the Interior under this Act shall— 


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1 (A) become part of the administrative unit 

2 (including the national conservation area, if ap3 plicable) or other area within which the land is 

4 located; and 

5 (B) be managed in accordance with the 

6 laws (including regulations) applicable to the 

7 administrative unit, national conservation area, 

8 or other area within which the land is located. 

9 (2) LOWER SAN PEDRO RIVER LAND.—To pre10 serve and enhance the natural character and con11 servation value of the land described in section 

12 4(b)(1)(B)(i), on acquisition of the land by the Sec13 retary of the Interior, the land shall be— 

14 (A) incorporated in, and administered as 

15 part of, the San Pedro Riparian National Con16 servation Area established by section 101 of the 

17 Arizona-Idaho Conservation Act of 1988 (16 

18 U.S.C. 460xx); and 

19 (B) managed to preserve or enhance the 

20 conservation values of the Conservation Area in 

21 accordance with that Act. 

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

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

24 rights and without further action by the Secretary, the 


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1 acquired land is permanently withdrawn from all forms 

2 of entry and appropriation under— 

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

4 and mineral leasing laws); and 

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

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

7 SEC. 8. PUBLIC USES OF FEDERAL LAND. 

8 (a) REPLACEMENT CAMPGROUND.— 

9 (1) IN GENERAL.—Not later than 4 years after 

10 the date of enactment of this Act, the Secretary, in 

11 consultation with Resolution Copper, the Town, and 

12 other interested parties, shall design and construct 

13 in the Globe Ranger District of the Tonto National 

14 Forest 1 or more replacement campgrounds for the 

15 Oak Flat Campground (including appropriate access 

16 routes to any replacement campgrounds). 

17 (2) PUBLIC FACILITIES.—Any replacement 

18 campgrounds under this subsection shall be designed 

19 and constructed in a manner that adequately (as de20 termined in the sole discretion of the Secretary) re21 places, or improves on, the facilities, functions, and 

22 amenities available to the public at the Oak Flat 

23 Campground. 

24 (3) COSTS OF REPLACEMENT.—Resolution Cop25 per shall pay the actual cost to the Secretary of deVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 signing, constructing, and providing access to any 

2 replacement campgrounds under this subsection, not 

3 to exceed $ 1,000,000. 

4 (b) INTERIM OAK FLAT CAMPGROUND ACCESS.— 

5 (1) IN GENERAL.—The document conveying the 

6 Federal land to Resolution Copper under section 

7 4(a) shall specify that— 

8 (A) during the 4-year period beginning on 

9 the date of enactment of this Act, the Secretary 

10 shall retain title to, operate, and maintain the 

11 Oak Flat Campground; and 

12 (B) at the end of that 4-year period— 

13 (i) the withdrawal of the Oak Flat 

14 Campground shall be revoked; and 

15 (ii) title to the Oak Flat Campground 

16 shall be simultaneously conveyed to Reso17 lution Copper. 

18 (2) LIABILITY.—During the interim period de19 scribed in paragraph (1)(A), Resolution Copper shall 

20 not be liable for any public use of the Oak Flat 

21 Campground. 

22 (c) MINERAL EXPLORATION.—During the 4-year pe23 riod described in subsection (b)(1)(A)— 

24 (1) the Oak Flat campground shall remain 

25 withdrawn from all forms of entry and appropriation 


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1 under the public land laws (including the mining and 

2 mineral leasing laws); but 

3 (2) Resolution Copper shall have the right to 

4 explore for minerals under the Oak Flat Camp5 ground by directional drilling or any other method 

6 that does not disturb the land surface of the Oak 

7 Flat Campground. 

8 (d) BOULDERBLAST COMPETITION.—During 5-year 

9 period beginning on the date of enactment of this Act, the 

10 Secretary, in consultation with Resolution Copper, may 

11 issue not more than 1 special use permit per calendar year 

12 to provide public access to the bouldering area on the Fed13 eral land for purposes of the annual ‘‘BoulderBlast’’ com14 petition. 

15 (e) LIABILITY.—Resolution Copper shall not be liable 

16 for any public use of the Federal land under subsection 

17 (c) or (d). 

18 SEC. 9. MISCELLANEOUS PROVISIONS. 

19 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 

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

21 order that withdraws the Federal land from appro22 priation or disposal under a public land law shall be 

23 revoked to the extent necessary to permit disposal of 

24 the land. 


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

2 of this Act, if the Federal land and any non-Federal 

3 land required to be exchanged under this Act are not 

4 withdrawn or segregated from entry and appropria5 tion under a public land law (including mining and 

6 mineral leasing laws and the Geothermal Steam Act 

7 of l970 (30 U.S.C. 1001 et seq.)), the land shall be 

8 withdrawn from entry and appropriation, subject to 

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

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

11 (b) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

12 (1) MINOR ERRORS.—The Secretary and Reso13 lution Copper, may by mutual agreement correct any 

14 minor errors in any map, acreage estimate, or de15 scription of any land conveyed or exchanged under 

16 this Act. 

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

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

19 under this Act, the map shall control unless the Sec20 retary and Resolution Copper mutually agree other21 wise. 

22 (3) AVAILABILITY.—On the date of enactment 

23 of this Act, the Secretary shall file and make avail24 able for public inspection in the Office of the SuperVerDate Aug 31 2005 02:26 Jun 22, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157

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1 visor, Tonto National Forest, any map referred to in 

2 this Act. 

3 SEC. 10. VALUE ADJUSTMENT PAYMENT. 

4 (a) ANNUAL PRODUCTION REPORTING.— 

5 (1) IN GENERAL.—Beginning on February 15 

6 of the calendar year beginning after the date of com7 mencement of production of valuable locatable min8 erals in commercial quantities from the Federal 

9 land, and annually thereafter, Resolution Copper 

10 shall submit to the Secretary of the Interior a report 

11 describing the quantity of locatable minerals in com12 mercial quantities produced from the Federal land 

13 during the period covered by the report. 

14 (2) REQUIREMENTS.—Each annual report 

15 under paragraph (1) shall be prepared in accordance 

16 with applicable Federal recordkeeping and reporting 

17 requirements relating to the production of valuable 

18 locatable minerals in commercial quantities on Fed19 eral land during the period covered by the report. 

20 (b) PAYMENT ON PRODUCTION.— 

21 (1) IN GENERAL.—If and when the cumulative 

22 production of valuable locatable minerals in commer23 cial quantities produced from the Federal land ex24 ceeds the quantity of production of locatable min25 erals used in the royalty income approach analysis 


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1 under the Uniform Appraisal Standards for Federal 

2 Land Acquisitions prepared under section 

3 5(a)(4)(B), Resolution Copper shall pay to the 

4 United States, on or before March 15 of the fol5 lowing calendar year, a value adjustment payment at 

6 a rate equal to— 

7 (A) the Federal royalty rate, if any, in ef8 fect for the production of valuable locatable 

9 minerals from Federal land before December 

10 31, 2012; or 

11 (B) if such a Federal royalty rate is not in 

12 effect before December 31, 2012, the royalty 

13 rate used for purposes of the royalty income ap14 proach analysis prepared under section 

15 5(a)(4)(B). 

16 (2) USE OF FUNDS.—Any funds paid to the 

17 United States under paragraph (1) shall— 

18 (A) be deposited in a special account in the 

19 Treasury of the United States; and 

20 (B) remain available, without further ap21 propriation, to the Secretary and the Secretary 

22 of the Interior, as may jointly determined to be 

23 appropriate, for the acquisition from willing 

24 sellers of land or interests in land in the State 

25 of Arizona. 


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1 (c) NO EFFECT ON STATE LAW.—Nothing in this 

2 Act modifies, expands, diminishes, amends, or otherwise 

3 affects any provision of State law (including regulations), 

4 including any law or regulations relating to the imposition, 

5 application, timing, or collection of a State excise or sever6 ance tax under Arizona Revised Statutes 42–5201–5206. 

Æ 


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