II 

110TH CONGRESS 

1ST SESSION S. 1862 

To provide for the exchange and conveyance of certain National Forest 

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

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2007 

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 provide for the exchange and conveyance of certain National Forest 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; TABLE OF CONTENTS. 

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

5 ‘‘Southeast Arizona Land Exchange and Conservation Act 

6 of 2007’’. 

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. Apache Leap natural and cultural resource conservation easement. 

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

Sec. 8. Public uses of Federal land. 

Sec. 9. Arizona Land Fund. 

Sec. 10. 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— 

8 (A) the conveyance of certain land from 

9 the Secretary concerned to the Arizona State 

10 Parks Board for the establishment of a new 

11 State park in Gila and Pinal Counties, Arizona, 

12 to be used for rock climbing and other rec13 reational purposes; and 

14 (B) the permanent protection of cultural 

15 and other resources and uses of the Apache 

16 Leap escarpment located in close proximity to 

17 the Town of Superior, Arizona. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

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

21 means the approximately 695 acres of land referred 


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1 to as the ‘‘Apache Leap Conservation Easement 

2 Area’’ on the map entitled ‘‘Apache Leap Conserva3 tion Easement Area’’, dated November 2006. 

4 (2) ARIZONA LAND FUND.—The term ‘‘Arizona 

5 Land Fund’’ means the fund established by section 

6 9(a). 

7 (3) BOARD.—The term ‘‘Board’’ means the Ari8 zona State Parks Board, an entity established by the 

9 State legislature. 

10 (4) ELIGIBLE CONSIDERATION.—The term ‘‘eli11 gible consideration’’ means consideration— 

12 (A) conveyed by Resolution Copper to the 

13 Secretary concerned in accordance with the 

14 land exchange described in section 4(a); and 

15 (B) comprised of— 

16 (i) all right, title, and interest of Res17 olution Copper in and to the non-Federal 

18 land that is acceptable to the Secretary 

19 concerned, as appropriate; and 

20 (ii) an amount of not less than 

21 $7,500,000. 

22 (5) FEDERAL LAND.—The term ‘‘Federal land’’ 

23 means the approximately 3,025 acres of land located 

24 in Pinal County, Arizona, depicted on the map enti25 tled ‘‘Southeast Arizona Land Exchange and ConVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 servation Act of 2005-Federal Parcel-Oak Flat’’, 

2 dated January 2005. 

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

4 1 or more entities that are granted the permanent 

5 conservation easement under section 6(a). 

6 (7) MAP.—The term ‘‘map’’ means the map en7 titled ‘‘Southeast Arizona Land Exchange and Con8 servation Act of 2005-Federal Parcel-Oak Flat’’, 

9 dated January 2005. 

10 (8) NON-FEDERAL LAND.—The term ‘‘non-Fed11 eral land’’ means the land described in section 

12 4(b)(1). 

13 (9) NOTCH.—The term ‘‘Notch’’ means the ap14 proximately 45 acres of land referred to as the 

15 ‘‘Notch’’ on the map entitled ‘‘Apache Leap Con16 servation Easement Area’’, dated November 2006. 

17 (10) OAK FLAT CAMPGROUND.—The term ‘‘Oak 

18 Flat Campground’’ means the campground that is— 

19 (A) comprised of approximately 16 devel20 oped campsites; and 

21 (B) generally depicted on the map entitled 

22 ‘‘Oak Flat Campground’’, dated September 

23 2006. 

24 (11) RESOLUTION COPPER.—The term ‘‘Reso25 lution Copper’’ means— 


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1 (A) Resolution Copper Mining, LLC, a 

2 Delaware limited liability company; and 

3 (B) any successor, assign, affiliate, mem4 ber, or joint venturer of Resolution Copper Coo5 per Mining, LLC. 

6 (12) SECRETARY.—The term ‘‘Secretary’’ 

7 means Secretary of Agriculture. 

8 (13) SECRETARY CONCERNED.—The term 

9 ‘‘Secretary concerned’’ means— 

10 (A) the Secretary of Agriculture (acting 

11 through the Chief of the Forest Service), with 

12 respect to National Forest System land; and 

13 (B) the Secretary of the Interior, with re14 spect to land managed by the Bureau of Land 

15 Management (including land held for the ben16 efit of an Indian tribe). 

17 (14) STATE.—The term ‘‘State’’ means the 

18 State of Arizona. 

19 (15) STATE PARK.—The term ‘‘State Park’’ 

20 means the proposed rock climbing State park— 

21 (A) authorized under Ariz. Rev. Stat. § 

22 41–511.16 (2007); and 

23 (B) as depicted on the map entitled ‘‘Tam 

24 O’Shanter Area State Park’’ and dated Sep25 tember 22, 2006. 


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1 (16) TOWN.—The term ‘‘Town’’ means the 

2 Town of Superior, Arizona, which is an incorporated 

3 municipality. 

4 SEC. 4. LAND CONVEYANCES AND EXCHANGES. 

5 (a) IN GENERAL.—On receipt of an offer from Reso6 lution Copper to convey to the Secretary concerned the 

7 eligible consideration, the Secretary shall convey to Reso8 lution Copper all right, title, and interest of the United 

9 States in and to the Federal land, subject to any valid 

10 existing right or title reservation, easement, or other ex11 ception required by law or agreed to by the Secretary and 

12 Resolution Copper. 

13 (b) RESOLUTION COPPER LAND EXCHANGE.— 

14 (1) CONVEYANCE OFLAND.—On receipt of title 

15 to the Federal land under subsection (a), Resolution 

16 Copper shall simultaneously convey— 

17 (A) to the Secretary, all right, title, and in18 terest that the Secretary determines to be ac19 ceptable in and to— 

20 (i) the approximately 147 acres of 

21 land located in Gila County, Arizona, de22 picted on the map entitled ‘‘Southeast Ari23 zona Land Exchange and Conservation Act 

24 of 2005-Non-Federal Parcel-Turkey 

25 Creek’’, dated January 2005; 


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1 (ii) the approximately 148 acres of 

2 land located in Yavapai County Arizona, 

3 depicted on the map entitled ‘‘Southeast 

4 Arizona Land Exchange and Conservation 

5 Act of 2005-Non-Federal Parcel-Tangle 

6 Creek’’, dated January 2005; 

7 (iii) the approximately 149.3 acres of 

8 land located in Maricopa County, Arizona, 

9 depicted on the map entitled ‘‘Southeast 

10 Arizona Land Exchange and Conservation 

11 Act of 2005-Non-Federal Parcel-Cave 

12 Creek’’, dated January 2005; 

13 (iv) the approximately 266 acres of 

14 land located in Pinal County, Arizona, de15 picted on the map entitled ‘‘Southeast Ari16 zona Land Exchange and Conservation Act 

17 of 2005-Non-Federal Parcel-JI Ranch’’, 

18 dated January 2005; and 

19 (v) the approximately 640 acres of 

20 land located in Coconino County, Arizona, 

21 depicted on the map entitled ‘‘Southeast 

22 Arizona Land Exchange and Conservation 

23 Act of 2005-Non-Federal Parcel-East 

24 Clear Creek’’, dated August 2005; and 


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1 (B) to the Secretary of the Interior, all 

2 right, title, and interest that the Secretary of 

3 the Interior determines to be acceptable in and 

4 to— 

5 (i) the approximately 3,073 acres of 

6 land located in Pinal County, Arizona, de7 picted on the map entitled ‘‘Lower San 

8 Pedro River Parcel’’, dated May 31, 2006; 

9 and 

10 (ii) the approximately 160 acres of 

11 land located in Gila and Pinal Counties, 

12 Arizona, depicted on the map entitled 

13 ‘‘Southeast Arizona Land Exchange and 

14 Conservation Act of 2005-Non-Federal 

15 Parcel-Dripping Springs’’, dated August 

16 2005. 

17 (2) PAYMENT OFAMOUNT.—On receipt of title 

18 to the Federal land under subsection (a), as a condi19 tion of the conveyance authorized under subsection 

20 (a), Resolution Copper shall pay to the Secretary of 

21 the Treasury for deposit into the Arizona Land 

22 Fund the amount of $7,500,000. 

23 (c) CONVEYANCE OF LAND TO TOWN.— 

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

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


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1 exchange under subsection (a) is consummated, on 

2 receipt of a request from the Town for any parcel 

3 of land described in paragraph (2), the Secretary 

4 shall convey to the Town, for a price equal to mar5 ket value, as appraised under section 5, each parcel 

6 of land 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-Fairview 

15 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 Reversionary 

22 Interest-Superior Airport’’, dated January 

23 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 OFCONVEYANCE.—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.—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 

25 (a), (b), or (c), including any reasonable reimVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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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 concerned. 

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 concerned and Resolution 

16 Copper, including 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 concerned in accordance 

23 with applicable law (including regulations). 

24 (3) LEAD ACTOR.—The Secretary and the Sec25 retary of the Interior may mutually agree to desVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 ignate the Secretary as the lead actor for any action 

2 under this subsection. 

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

4 (a) EXCHANGE VALUATION.— 

5 (1) IN GENERAL.—The value of the land ex6 changed or conveyed under subsection (a), (b), or (c) 

7 of section 4 (including any reversionary interest) 

8 shall be determined by the Secretary through 1 or 

9 more appraisals conducted in accordance with para10 graph (2). 

11 (2) APPRAISALS.— 

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

13 section shall be— 

14 (i) performed by an appraiser mutu15 ally agreed to by the Secretary and Resolu16 tion Copper; 

17 (ii) performed in accordance with— 

18 (I) the Uniform Appraisal Stand19 ards for Federal Land Acquisitions 

20 (Department of Justice, 5th Edition, 

21 December 20, 2000); 

22 (II) the Uniform Standards of 

23 Professional Appraisal Practice; and 

24 (III) Forest Service appraisal in25 structions; and 


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1 (iii) submitted to the Secretary for re2 view and approval. 

3 (B) REAPPRAISALS AND UPDATED AP4 PRAISED VALUES.—After the final appraised 

5 value of a parcel is determined and approved 

6 under subparagraph (A), the Secretary shall 

7 not be required to reappraise or update the 

8 final appraised value— 

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

10 approval by the Secretary of the final ap11 praised value under subparagraph (A)(iii); 

12 or 

13 (ii) at all, after an exchange agree14 ment is entered into by Resolution Copper 

15 and the Secretary. 

16 (C) PUBLIC REVIEW.—Before carrying out 

17 a land exchange under section 4, the Secretary 

18 shall make available for public review a sum19 mary of the appraisals of the land to be ex20 changed. 

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

22 Resolution Copper fail to agree on the value of a 

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

24 shall be determined in accordance with section 


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1 206(d) of the Federal Land Policy and Management 

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

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

4 land conveyed to Resolution Copper under section 

5 4(a) shall be determined as if the land is 

6 unencumbered by any unpatented mining claims of 

7 Resolution Copper. 

8 (b) EQUALIZATION OF VALUE.— 

9 (1) SURPLUS OFFEDERAL LAND VALUE.— 

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

11 value of the Federal land exceeds the value of 

12 the non-Federal consideration, Resolution Cop13 per shall make a cash equalization payment to 

14 the Secretary to equalize the values of the Fed15 eral land and non-Federal consideration. 

16 (B) AMOUNT OFPAYMENT.—Notwith17 standing section 206(b) of the Federal Land 

18 Policy and Management Act of 1976 (43 U.S.C. 

19 1716(b)), the Secretary may accept a cash 

20 equalization payment under subparagraph (A) 

21 in an amount that is greater than 25 percent 

22 of the value of the Federal land. 

23 (C) DISPOSITION AND USE OFPRO24 CEEDS.— 

25 (i) DISPOSITION OFPROCEEDS.— 


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1 (I) CASH EQUALIZATION PAY2 MENTS.—Any cash equalization pay3 ments received by the Secretary con4 cerned under subparagraph (A) shall, 

5 without further appropriation, be de6 posited in the Arizona Land Fund. 

7 (II) PAYMENT FOR LAND CON8 VEYED TO TOWN.—Any amounts re9 ceived by the Secretary concerned 

10 under paragraph (3) shall be depos11 ited in the fund established by Public 

12 Law 90–171 (commonly known as the 

13 ‘‘Sisk Act’’) (16 U.S.C. 484a). 

14 (ii) USE OFPROCEEDS.— 

15 (I) CASH EQUALIZATION PAY16 MENTS.—Amounts deposited under 

17 clause (i)(I) shall be available and ex18 pended in accordance with section 

19 9(b). 

20 (II) PAYMENT FOR LAND CON21 VEYED TO TOWN.—Amounts deposited 

22 under clause (i)(II) shall be available 

23 to the Secretary concerned, without 

24 further appropriation, and until exVerDate Aug 31 2005 00:17 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 pended, for the acquisition of land or 

2 interests in land located in the State. 

3 (2) SURPLUS OFVALUE RELATING TO NON4 FEDERAL CONSIDERATION.—If the final appraised 

5 value of the non-Federal eligible consideration ex6 ceeds the value of the Federal land involved in the 

7 exchange under section 4— 

8 (A) the Secretary shall not make a pay9 ment to Resolution Copper to equalize the val10 ues of the land; and 

11 (B) the surplus value of the non-Federal 

12 consideration shall be considered a donation by 

13 Resolution Copper to the United States. 

14 (3) PAYMENT FOR LAND CONVEYED TO

15 TOWN.— 

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

17 Secretary market value for any land acquired 

18 by the Town from the Secretary under section 

19 4(c), as determined by the Secretary through 

20 an appraisal conducted in accordance with sub21 section (a)(2). 

22 (B) CREDIT.—If the final appraised value 

23 of the non-Federal consideration exceeds the 

24 value of the Federal land in the exchange under 

25 section 4, the obligation of the Town to pay the 


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1 United States under subparagraph (A) shall be 

2 reduced by an amount equal to the excess value 

3 of the non-Federal consideration. 

4 SEC. 6. APACHE LEAP NATURAL AND CULTURAL RE5 SOURCE CONSERVATION EASEMENT. 

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

7 historic, educational, and natural resource values of the 

8 Apache Leap escarpment, as a condition of the land ex9 change under section 4(a), Resolution Copper shall deliver 

10 to the Secretary an executed document granting a perma11 nent conservation easement for the easement area to an 

12 entity that is— 

13 (1) a qualified unit of government or Indian 

14 tribe; or 

15 (2) a land trust or other qualified organization 

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

17 Code of 1986. 

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

19 easement under this section shall be the surface estate of 

20 Apache Leap. 

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

22 section— 

23 (1) shall— 

24 (A) prohibit surface development of the 

25 easement area by Resolution Copper, except for 


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1 a fence, sign, monitoring device, or other im2 provement for an administrative, public health 

3 and safety, or other appropriate purpose, as de4 termined by Resolution Copper and any grantee 

5 of the conservation easement; 

6 (B) prohibit commercial mineral extraction 

7 under the easement area; and 

8 (C) provide for appropriate nonmotorized 

9 public access to and use of the easement area, 

10 as determined by Resolution Copper and any 

11 grantee of the conservation easement; and 

12 (2) may contain such other terms and condi13 tions as the grantor or grantee of the conservation 

14 easement, in consultation with the Town, interested 

15 Indian tribes, and any other interested Yavapai and 

16 Apache party, determines to be appropriate to con17 serve, protect, enhance, and manage the cultural and 

18 historic resources and traditional uses of the ease19 ment area. 

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

21 authorized under section 4(a), Resolution Copper shall pay 

22 to the grantee of the conservation easement under this sec23 tion $250,000, to be used by the grantee of the conserva24 tion easement— 

25 (1) to monitor the easement; 


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

2 (3) to carry out any administrative activity re3 lating to the easement; and 

4 (4) to provide such additional protections, ac5 cess, or alternative access as may be determined ap6 propriate pursuant to subsection (f). 

7 (e) ROLE OF SECRETARY.— 

8 (1) IN GENERAL.—The Secretary— 

9 (A) may be consulted during the prepara10 tion and drafting of the executed document 

11 granting a permanent conservation easement to 

12 the easement area under subsection (a); but 

13 (B) unless otherwise agreed to by the Sec14 retary and Resolution Copper, shall not be— 

15 (i) a party to the conservation ease16 ment under this section; or 

17 (ii) required to carry out any activity 

18 relating to the monitoring or enforcement 

19 of the conservation easement under this 

20 section. 

21 (2) ADDITIONAL MANAGEMENT.—The Secretary 

22 may manage the Notch in accordance with the terms 

23 of the conservation easement under this section. 

24 (f) ADDITIONAL PROTECTIONS AND ACCESS.—Not 

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


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1 Federal land under section 4(a), Resolution Copper and 

2 the grantee, in consultation with the Town, interested 

3 Yavapai and Apache Indian tribes, and other interested 

4 parties, shall determine whether the area covered by the 

5 conservation easement should be managed to establish— 

6 (1) additional cultural and historical resource 

7 protections or measures, including permanent or sea8 sonal closures of any portion of the easement area 

9 to protect cultural or archeological resources; or 

10 (2) additional or alternative public access 

11 routes, trails, and trailheads to Apache Leap. 

12 (g) EASEMENT AND APPRAISAL.— 

13 (1) IN GENERAL.—The requirement that Reso14 lution Copper grant the conservation easement 

15 under this section shall not be considered in deter16 mining, or result in any diminution in, the market 

17 value of the Federal land for purposes of an ap18 praisal under section 5. 

19 (2) EFFECT.—The market value of the con20 servation easement and any amount paid by Resolu21 tion Copper under subsection (d) shall be considered 

22 to be a donation by Resolution Copper to the United 

23 States. 

24 (h) MINING ACTIVITIES.—Except as provided in sub25 section (c) and other Federal law (including regulations) 


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1 relating to mining activities on private land, the conserva2 tion easement shall not impose any additional restrictions 

3 on mining activities carried out by Resolution Copper out4 side of the easement area after the date of the conveyance 

5 under section 4(a). 

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

7 ACQUIRED LAND. 

8 (a) LAND ACQUIRED BY THE SECRETARY.— 

9 (1) IN GENERAL.—Land acquired by the Sec10 retary under this Act, including any land or interest 

11 in land acquired by the Secretary under section 4(a) 

12 shall— 

13 (A) become part of the National Forest 

14 within which the land is located; and 

15 (B) be administered in accordance with the 

16 laws (including regulations) applicable to the 

17 National Forest System. 

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

19 the Land and Water Conservation Fund Act of 1965 

20 (16 U.S.C. 4601 et seq.), the boundaries of a Na21 tional Forest in which land acquired by the Sec22 retary concerned is located shall be deemed to be the 

23 boundaries of that forest as in existence on January 

24 1, 1965. 

25 (3) MANAGEMENT OFJI RANCH.— 


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

2 the Secretary of the Interior acquires the JI 

3 Ranch parcel described in section 

4 4(b)(1)(A)(iv), the Secretary concerned shall 

5 manage the land to allow Yavapai and Apache 

6 Indian tribes— 

7 (i) to access the land; and 

8 (ii) to undertake traditional activities 

9 relating to the gathering of acorns. 

10 (B) AUTHORITY OFSECRETARY OFTHE

11 INTERIOR.—Upon request from the Yavapai or 

12 Apache Indian tribe, the Secretary of the Inte13 rior may temporarily or seasonally close to the 

14 public any portion of the land described in sec15 tion 4(b)(1) during the period in which the 

16 Yavapai or Apache Indian tribe undertakes any 

17 activity described in subparagraph (A)(ii). 

18 (b) LAND ACQUIRED BY THE SECRETARY OFTHE IN19 TERIOR.— 

20 (1) IN GENERAL.—Land acquired by the Sec21 retary of the Interior under this Act shall— 

22 (A) become part of the administrative unit 

23 (including the national conservation area, if ap24 plicable) or other area within which the land is 

25 located; and 


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1 (B) be managed in accordance with the 

2 laws (including regulations) applicable to the 

3 administrative unit, national conservation area, 

4 or other area within which the land is located. 

5 (2) LAND LOCATED IN CLOSE PROXIMITY TO

6 LOWER SAN PEDRO RIVER.—To preserve and en7 hance the natural character and conservation value 

8 of the land described in section 4(b)(1)(B)(i), the 

9 Secretary of the Interior shall manage the land in 

10 accordance with subsections (a) and (b) of section 

11 102 of the Arizona-Idaho Conservation Act of 1988 

12 (16 U.S.C. 460xx–1). 

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

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

15 rights and without further action by the Secretary con16 cerned, the acquired land is permanently withdrawn from 

17 all forms of entry and appropriation under— 

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

19 and mineral leasing laws); and 

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

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

22 SEC. 8. PUBLIC USES OF FEDERAL LAND. 

23 (a) OAK FLAT CAMPGROUND.— 

24 (1) REPLACEMENT CAMPGROUND.— 


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

2 after the date of enactment of this Act, the Sec3 retary, in consultation with Resolution Copper, 

4 the Town, and other interested parties, shall de5 sign and construct in the Globe Ranger District 

6 of the Tonto National Forest 1 or more replace7 ment campgrounds for the Oak Flat Camp8 ground (including appropriate access routes to 

9 any replacement campgrounds). 

10 (B) PUBLIC FACILITIES.—Any replacement 

11 campgrounds under this paragraph shall be de12 signed and constructed in a manner that ade13 quately (as determined in the sole discretion of 

14 the Secretary) replaces, or improves on, the fa15 cilities, functions, and amenities available to the 

16 public at the Oak Flat Campground. 

17 (2) COSTS OFREPLACEMENT.—Resolution Cop18 per shall pay the cost of designing, constructing, and 

19 providing access to any replacement campgrounds 

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

21 (3) INTERIM OAK FLAT CAMPGROUND AC22 CESS.— 

23 (A) IN GENERAL.—The document con24 veying the Federal land to Resolution Copper 

25 under section 4(a) shall specify that the SecVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 retary shall continue to operate and maintain 

2 the Oak Flat Campground until the earlier of— 

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

4 date of enactment of this Act; or 

5 (ii) the date on which any replacement 

6 campgrounds under this subsection are de7 veloped and opened for public use. 

8 (B) LIABILITY.—During the interim period 

9 described in subparagraph (A), Resolution Cop10 per shall not be liable for any public use of the 

11 Oak Flat Campground. 

12 (b) ROCK CLIMBING AREAS.— 

13 (1) REPLACEMENT ROCK CLIMBING AREA.— 

14 (A) IN GENERAL.—On request by the 

15 Board, acting pursuant to an authorization 

16 from the State legislature, as soon as prac17 ticable after the request, the Secretary of the 

18 Interior shall convey to the Board the land de19 scribed in subparagraph (B) for establishment 

20 of the State Park for public or recreational pur21 poses under the Act of June 14, 1926 (com22 monly known as the ‘‘Recreation and Public 

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

24 (B) DESCRIPTION OFLAND.—The land re25 ferred to in subparagraph (A) is the approxiVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 mately 2,000 acres of land under the jurisdic2 tion of the Secretary of the Interior within the 

3 exterior boundary of the State Park. 

4 (C) USE OFLAND.—The conveyance of 

5 land under subparagraph (A) shall be subject to 

6 the condition that— 

7 (i) the land conveyed to the Board 

8 shall be used for the purpose of estab9 lishing the State Park, as authorized by 

10 the State legislature; and 

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

12 (I) rock climbing; 

13 (II) bouldering; and 

14 (III) any other forms of outdoor 

15 recreation and natural resource con16 servation as the Board determines to 

17 be appropriate. 

18 (D) CONSIDERATION.— 

19 (i) IN GENERAL.—Except as provided 

20 in clause (ii) and in accordance with sec21 tion 2741.8 of title 43, Code of Federal 

22 Regulations (or a successor regulation), 

23 the conveyance of the land under subpara24 graph (A) shall be without monetary con25 sideration. 


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•S 1862 IS

1 (ii) EXCEPTION.—Notwithstanding 

2 clause (i), the Board shall pay any reason3 able administrative costs incurred by the 

4 Secretary in making the conveyance. 

5 (E) AUTOMATIC TRANSFER OF LAND.—On 

6 the date on which the State Park is established, 

7 the parcel of land described in section 

8 4(b)(1)(B)(ii), and any other parcel of land that 

9 is located within the State Park and purchased 

10 by the United States from a willing seller, shall 

11 be transferred to the Board for incorporation 

12 into the State Park. 

13 (F) MINERAL INTERESTS.— 

14 (i) IN GENERAL.—The United States 

15 shall retain any mineral interests in the 

16 land conveyed under subparagraph (A). 

17 (ii) WITHDRAWAL.—Beginning on the 

18 date of enactment of this Act, and subject 

19 to valid existing rights, the land described 

20 in subparagraph (B) shall be permanently 

21 withdrawn from all forms of entry and ap22 propriation under the mining and mineral 

23 leasing laws, including the Geothermal 

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

25 seq.). 


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•S 1862 IS

1 (G) FEES; CONCESSIONS CONTRACTS.— 

2 Nothing in this Act prohibits the Board from— 

3 (i) charging reasonable entry or user 

4 fees for the State Park; or 

5 (ii) entering into concession contracts 

6 to manage the State Park. 

7 (H) REVERSION.—If the land conveyed 

8 under subparagraph (A) is used in a manner 

9 that is inconsistent with the uses described in 

10 subparagraph (D), the land shall, at the discre11 tion of the Secretary of the Interior, revert to 

12 the United States. 

13 (I) ADJACENT MANAGEMENT.— 

14 (i) FINDING.—Congress finds that 

15 land in close proximity to the State Park 

16 is or has been the site of— 

17 (I) mining or mining related ac18 tivities or operations; 

19 (II) livestock grazing; and 

20 (III) agricultural activities. 

21 (ii) NO PROTECTIVE PERIMETER OR

22 BUFFER.—The establishment of the State 

23 Park shall not create any protective perim24 eter or buffer zone around the State Park. 


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•S 1862 IS

1 (iii) OTHER ACTIVITIES OR USES.— 

2 The fact that non-park activities or uses 

3 can be seen or heard from areas within the 

4 State Park shall not preclude the conduct 

5 of those activities or uses outside the 

6 boundary of the State Park. 

7 (J) EFFECT.—The establishment of the 

8 State Park does not impose new or additional 

9 requirements or restrictions under the laws of 

10 the United States with respect to the permit11 ting, management, or conduct of mining oper12 ations and other activities outside the bound13 aries of the State Park. 

14 (2) STATE PARK ACCESS ROAD.— 

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

16 reasonable public access to the State Park, on 

17 request by the Board, the Secretary of the Inte18 rior shall grant the Board a right-of-way for the 

19 construction of an access road on the route de20 scribed in subparagraph (B). 

21 (B) DESCRIPTION OFROUTE.—The route 

22 referred to in subparagraph (A) is the route 

23 generally depicted as the ‘‘Tam O-Shanter Ac24 cess Road’’ on the map entitled ‘‘Tam 

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


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•S 1862 IS

1 (C) CONDITION.—The road authorized 

2 under subparagraph (A) shall be an unpaved 

3 road, constructed or improved only to the ex4 tent that Secretary of the Interior, after con5 sultation with the Board, determines is nec6 essary to permit the safe passage of 2-wheel 

7 drive vehicles for public recreational access pur8 poses. 

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

10 road authorized under subparagraph (A) may, 

11 at the sole discretion of the Secretary of the In12 terior, after consultation with the Board, be 

13 modified or realigned along the general route 

14 shown on the map described in subparagraph 

15 (B). 

16 (E) DEADLINE.—To the maximum extent 

17 practicable consistent with weather conditions, 

18 the road under subparagraph (A) shall be com19 pleted not later than 1 year after the date of 

20 conveyance of the land described in paragraph 

21 (1)(B) to the Board. 

22 (F) MANAGEMENT.—The Board shall 

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

24 beginning on the date on which the road is 

25 completed. 


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•S 1862 IS

1 (G) ROAD COSTS.— 

2 (i) PAYMENT BY RESOLUTION COP3 PER.—As a condition of the conveyance 

4 authorized under section 4(a), Resolution 

5 Copper shall pay to the Secretary of the 

6 Interior $500,000 to be used for the con7 struction of any road under this para8 graph. 

9 (ii) PAYMENT BY SECRETARY OFTHE

10 INTERIOR.—On the date of receipt of the 

11 amount paid to the Secretary of the Inte12 rior by Resolution Copper under clause (i), 

13 the Secretary of the Interior shall pay to 

14 the Board an amount equal to the amount 

15 received by Resolution Copper to be used 

16 for the construction of any road under this 

17 paragraph. 

18 (iii) ADDITIONAL COSTS.—The Board 

19 shall be responsible for each cost in excess 

20 of the amount paid by the Secretary of the 

21 Interior to the Board relating to the con22 struction and maintenance of any road 

23 under this paragraph. 

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


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•S 1862 IS

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

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

3 the Secretary of the Interior shall, subject to para4 graphs (2) and (3), continue to administer and allow 

5 public access to, and use of, rock climbing sites on 

6 the Federal land, other than the excluded areas de7 scribed in paragraph (2). 

8 (2) EXCLUDED AREAS.—The excluded areas re9 ferred to in paragraph (1) are the climbing sites on 

10 the Federal land known as the ‘‘Mine Area’’ and 

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

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

13 Magma Mine Road Closure Sites’’ and dated Feb14 ruary 2006. 

15 (3) CLOSURE TO PUBLIC USE.— 

16 (A) IN GENERAL.—If any of the areas de17 scribed in paragraph (2) have not been closed 

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

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

20 the date of enactment of this Act. 

21 (B) MAGMA MINE ROAD.— 

22 (i) IN GENERAL.—Except as provided 

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

24 this Act, the Magma Mine Road shall be 

25 closed to further public use. 


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•S 1862 IS

1 (ii) EXCEPTION.—The closure under 

2 clause (i) shall not apply to the road seg3 ment of the Magma Mine Road needed to 

4 access the Oak Flat Campground during 

5 the period described in subsection 

6 (a)(3)(A). 

7 (4) BOULDERBLAST COMPETITION.—During 

8 the period beginning on the date of enactment of 

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

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

11 consultation with Resolution Copper, may issue not 

12 more than 1 special use permit per year to provide 

13 public access to the bouldering area on the Federal 

14 land for purposes of the annual ‘‘BoulderBlast’’ 

15 competition. 

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

17 liable for any public use of the Federal land under 

18 paragraph (3) or (4). 

19 SEC. 9. ARIZONA LAND FUND. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Treasury of the United States a fund (referred to in this 

22 section as the ‘‘Fund’’), consisting of the amounts paid 

23 by Resolution Copper to the Secretary of the Treasury 

24 under sections 4(b)(2) and 5(b)(1). 

25 (b) EXPENDITURES FROM FUND.— 


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•S 1862 IS

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

2 a joint request by the Secretary and the Secretary 

3 of the Interior, the Secretary of the Treasury shall 

4 transfer from the Fund to the Secretary such 

5 amounts as the Secretary and the Secretary of the 

6 Interior determine are necessary to purchase land, 

7 or interests in land, under subsection (c). 

8 (2) ADMINISTRATIVE EXPENSES.—An amount 

9 not exceeding 2 percent of the amounts in the Fund 

10 shall be available for each fiscal year to pay the ad11 ministrative expenses necessary to carry out this 

12 Act. 

13 (c) USES OF FUND.—The Secretary and the Sec14 retary of the Interior shall jointly use amounts in the 

15 Fund to purchase from willing sellers land, including in16 terests in land, that is— 

17 (1) located within the hydrographic boundary of 

18 the San Pedro River (including tributaries of the 

19 San Pedro River); or 

20 (2) determined by the Secretary and the Sec21 retary of the Interior to be an acquisition priority in 

22 the State. 

23 SEC. 10. MISCELLANEOUS PROVISIONS. 

24 (a) REVOCATION OF ORDERS; WITHDRAWAL.— 


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•S 1862 IS

1 (1) REVOCATION OFORDERS.—Any public land 

2 order that withdraws the Federal land or the land 

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

4 from appropriation or disposal under a public land 

5 law shall be revoked to the extent necessary to per6 mit disposal of the land. 

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

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

9 segregated from entry and appropriation under a 

10 public land law (including mining and mineral leas11 ing laws and the Geothermal Steam Act of l970 (30 

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

13 withdrawn from entry and appropriation, subject to 

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

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

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

17 (1) MINOR ERRORS.—The Secretary concerned, 

18 Resolution Copper, or the Board, may by mutual 

19 agreement correct any minor errors in any map, 

20 acreage estimate, or description of any land con21 veyed or exchanged under this Act. 

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

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

24 under this Act, the map shall control unless the SecVerDate Aug 31 2005 22:17 Jul 26, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1862.IS S1862

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1 retary concerned, Resolution Copper, or the Board, 

2 as appropriate, mutually agree otherwise. 

3 (3) AVAILABILITY.— 

4 (A) IN GENERAL.—On the date of enact5 ment of this Act, the Secretary shall file and 

6 make available for public inspection in the Of7 fice of the Supervisor, Tonto National Forest, 

8 any map referred to in this Act. 

9 (B) OTHER MAPS.—Any maps accom10 panying the State Park conveyance and road 

11 access under section 8 shall be made available 

12 for public inspection in the Arizona Office of 

13 the Bureau of Land Management. 

Æ 


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