I 
109TH CONGRESS 
1ST SESSION H. R. 2618 
To authorize and direct the exchange and conveyance of certain National 
Forest land and other land in southeast Arizona. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2005 
Mr. RENZI (for himself, Mr. PASTOR, Mr. KOLBE, Mr. HAYWORTH, Mr. 
SHADEGG, Mr. FLAKE, and Mr. FRANKS of Arizona) introduced the fol-
lowing bill; which was referred to the Committee on Resources 
A BILL 
To authorize and direct the exchange and conveyance of 
certain National Forest land and other land in southeast 
Arizona. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Southeast Arizona 
Land Exchange and Conservation Act of 2005’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to further the public inter-
est by authorizing, directing, facilitating, and expediting
the conveyance and exchange of land between the United 
States and Resolution Copper. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APACHE LEAP.—The term ‘‘Apache Leap’’ 
means the approximately 562 acres of land referred 
to as the ‘‘Apache Leap Conservation Easement 
Area’’ on the map entitled ‘‘Southeast Arizona Land 
Exchange and Conservation Act of 2005–Federal 
Parcel–Oak Flat’’, dated January 2005. 
(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 3,025 acres of land located 
in Pinal County, Arizona, depicted on the map enti-
tled ‘‘Southeast Arizona Land Exchange and Con-
servation Act of 2005–Federal Parcel–Oak Flat’’, 
dated January 2005. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the land described in paragraphs 
(1) and (2) of section 4(c). 
(4) RESOLUTION COPPER.—The term ‘‘Resolu-
tion Copper’’ means— 
(A) Resolution Copper Mining, LLC, a 
Delaware limited liability company; and
(B) any successor, assign, transferee, 
member, or joint venturer of Resolution Copper 
Cooper Mining, LLC. 
(5) TOWN.—The term ‘‘Town’’ means the Town 
of Superior, Arizona, an Arizona incorporated mu-
nicipality. 
SEC. 4. LAND CONVEYANCES AND EXCHANGES. 
(a) IN GENERAL.—On receipt of an offer from Reso-
lution Copper to convey title acceptable to the Secretary 
of Agriculture and the Secretary of the Interior, as appli-
cable, to the non-Federal land, the Secretary of Agri-
culture shall convey to Resolution Copper all right, title, 
and interest of the United States in and to the Federal 
land, subject to any valid existing right or title reservation, 
easement, or other exception required by law or agreed 
to by the Secretary of Agriculture and Resolution Copper. 
(b) MANDATED LAND CONVEYANCE.—As a condition 
of carrying out the land exchange directed by subsection 
(a), Resolution Copper shall convey to the United States— 
(1) each parcel of land described in subpara-
graphs (A) through (D) of subsection (c)(1); and 
(2) each parcel of land described in subpara-
graphs (A) and (B) of subsection (c)(2). 
(c) RESOLUTION COPPER LAND EXCHANGE.—Simul-
taneously with the receipt of title to the Federal land
under subsection (a), Resolution Copper shall convey to 
the United States— 
(1) title acceptable to the Secretary of Agri-
culture to— 
(A) the approximately 147 acres of land lo-
cated in Gila County, Arizona, depicted on the 
map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2005–Non- 
Federal Parcel–Turkey Creek’’, dated January 
2005; 
(B) the approximately 148 acres of land 
located in Yavapai County Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2005–Non- 
Federal Parcel–Tangle Creek’’, dated January 
2005; 
(C) the approximately 149.3 acres of land 
located in Maricopa County, Arizona, depicted 
on the map entitled ‘‘Southeast Arizona Land 
Exchange and Conservation Act of 2005–Non- 
Federal Parcel–Cave Creek’’, dated January 
2005; and 
(D) the approximately 266 acres of land 
located in Pinal County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2005–Non- 
Federal Parcel–JI Ranch’’, dated January 
2005; and 
(2) title acceptable to the Secretary of the Inte-
rior to— 
(A) the approximately 3,073 acres of land 
located in Pinal County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2005–Non- 
Federal Parcel–Lower San Pedro River’’, dated 
January 2005; and 
(B) the approximately 1031 acres of land 
located in Santa Cruz County, Arizona, de-
picted on the map entitled ‘‘Southeast Arizona 
Land Exchange and Conservation Act of 2005– 
Non-Federal Parcel–Appleton Ranch’’, dated 
January 2005. 
(d) CONVEYANCE OF LAND TO TOWN.— 
(1) IN GENERAL.—Not later than 60 days be-
fore carrying out the land exchange under subsection 
(a), on receipt of a request from the Town, the Sec-
retary of Agriculture shall convey to the Town, for 
a price equal to market value, as appraised under 
section 5—
(A) the approximately 30 acres of land lo-
cated in Pinal County, Arizona, occupied on the 
date of enactment of this Act by the Fairview 
Cemetery and depicted on the map entitled 
‘‘Southeast Arizona Land Exchange and Con-
servation Act of 2005–Federal Parcel–Fairview 
Cemetery’’, dated January 2005; 
(B) the reversionary interest of the United 
States in the approximately 265 acres of land 
located in Pinal County, Arizona, depicted on 
the map entitled ‘‘Southeast Arizona Land Ex-
change and Conservation Act of 2005–Federal 
Reversionary Interest–Superior Airport’’, dated 
January 2005; and 
(C) on receipt of a request from the Town, 
any of the 7 parcels of land totaling approxi-
mately 100 acres, located in Pinal County, Ari-
zona, depicted on the map entitled ‘‘Southeast 
Arizona Land Exchange and Conservation Act 
of 2005–Federal Parcel–Superior Airport Con-
tiguous Parcels 1–7’’, dated January 2005. 
(2) CONDITION OF CONVEYANCE.—Any convey-
ance of land under paragraph (1) shall be carried 
out in a manner that provides the United States 
manageable boundaries on any parcel retained by
the Secretary of Agriculture, to the maximum extent 
practicable. 
(e) TIMING OF EXCHANGE.—It is the intent of Con-
gress that the land exchange directed by this section be 
carried out not later than 1 year after the date of enact-
ment of this Act. 
(f) COSTS OF CONVEYANCES AND EXCHANGES.— 
Resolution Copper shall be responsible for hiring all con-
tractors and paying the costs associated with— 
(1) all appraisals of land (including reasonable 
reimbursement to the Secretary of Agriculture on re-
quest of the Secretary of Agriculture for the cost of 
reviewing and approving an appraisal); 
(2) land surveys, including any necessary land 
surveys by the Bureau of Land Management Cadas-
tral Survey; and 
(3) any other cost agreed to by Resolution Cop-
per and the Secretary of Agriculture. 
SEC. 5. VALUATION OF LAND CONVEYED OR EXCHANGED. 
(a) EXCHANGE VALUATION.— 
(1) IN
GENERAL.—The values of land ex-
changed or conveyed under section 4 (including any 
Federal reversionary interest) shall be equal, as de-
termined by the Secretary of Agriculture through an
appraisal conducted in accordance with paragraph 
(2). 
(2) APPRAISALS.— 
(A) IN GENERAL.—An appraisal under this 
section shall be— 
(i) performed by an appraiser mutu-
ally agreed to by the Secretary of Agri-
culture and Resolution Copper; 
(ii) performed in accordance with— 
(I) the Uniform Appraisal Stand-
ards for Federal Land Acquisitions 
(Department of Justice, 5th Edition, 
December 20, 2000); 
(II) the Uniform Standards of 
Professional Appraisal Practice; and 
(III) Forest Service appraisal in-
structions; and 
(iii) submitted to the Secretary of Ag-
riculture for review and approval. 
(B) REAPPRAISALS
AND
UPDATED
AP-
PRAISED
VALUES.—After the final appraised 
value of a parcel is determined and approved 
under subparagraph (A), the Secretary of Agri-
culture shall not be required to reappraise or 
update the final appraised value—
(i) for a period of 3 years after the 
approval by the Secretary of Agriculture of 
the final appraised value under subpara-
graph (A)(iii); or 
(ii) at all, after an exchange agree-
ment is entered into by Resolution Copper 
and the Secretary of Agriculture. 
(C) PUBLIC REVIEW.—Before carrying out 
a land exchange under section 4, the Secretary 
of Agriculture shall make available for public 
review a summary of the appraisals of the land 
to be exchanged. 
(3) FAILURE TO AGREE.—If the Secretary of 
Agriculture and Resolution Copper fail to agree on 
the value of a parcel to be exchanged, the final value 
of the parcel shall be determined in accordance with 
section 206(d) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716(d)). 
(4) FEDERAL LAND.—The value of the Federal 
land directed to be conveyed to Resolution Copper 
under section 4(a) shall be determined as if the land 
is unencumbered by any unpatented mining claims 
owned by Resolution Copper. 
(b) EQUALIZATION OF VALUE.— 
(1) SURPLUS OF FEDERAL LAND VALUE.—
(A) IN GENERAL.—If the final appraised 
value of the Federal land exceeds the value of 
the non-Federal land in an exchange under sec-
tion 4, Resolution Copper shall make a cash 
equalization payment to the Secretary of Agri-
culture to equalize the values of the Federal 
land and non-Federal land. 
(B) COMPLIANCE
WITH
FEDERAL
LAND 
POLICY
AND
MANAGEMENT
ACT.—A payment 
under subparagraph (A) may be in excess of an 
amount authorized by section 206(b) of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1716(b)). 
(C) USE OF FUNDS.—Any funds received 
by the Secretary of Agriculture shall be consid-
ered to be money received and deposited in the 
fund established under Public Law 90–171 
(commonly known as the ‘‘Sisk Act’’) (16 
U.S.C. 484a), and may be used by the Sec-
retary, without further appropriation, for the 
acquisition of land for addition to the National 
Forest System in the State of Arizona. 
(2) SURPLUS OF NON-FEDERAL LAND VALUE.— 
(A) IN GENERAL.—If the final appraised 
value of the non-Federal land exceeds the value
of the Federal land in an exchange under sec-
tion 4, the Secretary of the Interior, subject to 
the availability of funds, shall make a payment 
to Resolution Copper to equalize the values of 
the land. 
(B) WAIVER.— 
(i) IN GENERAL.—A payment under 
subparagraph (A) may be waived in whole 
or in part by Resolution Copper. 
(ii) EFFECT.—An amount waived 
under clause (i) shall be considered to be 
a donation by Resolution Copper to the 
United States for all purposes of law. 
(3) 
PAYMENT
FOR
LAND
CONVEYED
TO 
TOWN.— 
(A) IN GENERAL.—The Town shall pay the 
Secretary of Agriculture market value for any 
land acquired by the Town from the Secretary 
of Agriculture under section 4(d). 
(B) CREDIT.—If the Secretary of the Inte-
rior owes a payment to Resolution Copper 
under paragraph (2)— 
(i) the Secretary of the Interior shall 
credit against the amount owed to Resolu-
tion Copper the market value of any land