II
109th CONGRESS
2d Session
S. 2466
IN THE SENATE OF THE UNITED STATES
March 28, 2006
Mr. Kyl (for himself and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To authorize and direct the exchange and conveyance of certain National Forest land and other land in southeast Arizona.
Short title; table of contents
Short title
This Act may be cited
as the Southeast Arizona Land Exchange
and Conservation Act of 2006
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Land conveyances and exchanges.
Sec. 5. Valuation of land exchanged or conveyed.
Sec. 6. Conservation easement.
Sec. 7. Incorporation, management, and status of acquired land.
Sec. 8. Public uses of Federal land.
Sec. 9. Miscellaneous provisions.
Purposes
The purposes of this Act are—
to further the public interest by authorizing, directing, facilitating, and expediting the conveyance and exchange of land between the United States and Resolution Copper; and
to provide for the conveyance of certain land from the Secretary of the Interior to the Arizona State Parks Board for the establishment of a new State park in Gila and Pinal Counties, Arizona, to be used for rock climbing and other recreational purposes.
Definitions
In this Act:
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.
Board
The term Board means the Arizona State Parks Board, an entity established by the State legislature.
Federal land
The term Federal land means the approximately
3,025 acres of land located in Pinal County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Federal Parcel-Oak Flat
, dated January 2005.
Grantee
The
term grantee
means the entity that is granted the permanent
conservation easement under section 6(a).
Non-Federal land
The term non-Federal land means the land described in paragraphs (1) and (2) of section 4(b).
Resolution copper
The term Resolution Copper means—
Resolution Copper Mining, LLC, a Delaware limited liability company; and
any successor, assign, transferee, member, or joint venturer of Resolution Copper Cooper Mining, LLC.
Secretary
The
term Secretary
means the Secretary of Agriculture.
State
The
term State
means the State of Arizona.
State park
The term State Park
means the proposed State
park, as depicted on the map entitled Tam O'Shanter Area State
Park-Proposed
and dated September 2005.
Town
The term Town means the Town of Superior, Arizona, which is an incorporated municipality.
Land conveyances and exchanges
In general
On receipt of an offer from Resolution Copper to convey to the Secretary or the Secretary of the Interior title to the non-Federal land that is acceptable to the Secretary or the Secretary of the Interior, as appropriate, the Secretary 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 and Resolution Copper.
Resolution copper land exchange
On receipt of title to the Federal land under subsection (a), Resolution Copper shall simultaneously convey—
to the Secretary, title, that the Secretary determines to be acceptable, to—
the approximately
147 acres of land located in Gila County, Arizona, depicted on the map entitled
Southeast Arizona Land Exchange and Conservation Act of 2005-Non-Federal
Parcel-Turkey Creek
, dated January 2005;
the approximately
148 acres of land located in Yavapai County Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-Tangle Creek
, dated January 2005;
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;
the approximately
266 acres of land located in Pinal County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-JI Ranch
, dated January 2005; and
the approximately
640 acres of land located in Coconino County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-East Clear Creek
, dated August 2005; and
to the Secretary of the Interior, title, that the Secretary of the Interior determines to be acceptable, to—
the approximately
3,073 acres of land located in Pinal County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-Lower San Pedro River
, dated January
2005;
the approximately
956 acres of land located in Santa Cruz County, Arizona, depicted on the map
entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-Appleton Ranch
, dated October 2005; and
the approximately
160 acres of land located in Gila and Pinal Counties, Arizona, depicted on the
map entitled Southeast Arizona Land Exchange and Conservation Act of
2005-Non-Federal Parcel-Dripping Springs
, dated August 2005.
Conveyance of land to town
In general
Not later than 60 days before carrying out the exchange under subsection (a), on receipt of a request from the Town, the Secretary shall convey to the Town, for a price equal to market value, as appraised under section 5—
the approximately
30 acres of land located 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 Conservation Act of 2005-Federal
Parcel-Fairview Cemetery
, dated January 2005;
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 Exchange and Conservation Act of 2005-Federal Reversionary
Interest-Superior Airport
, dated January 2005; and
on receipt of a
request from the Town, all or a portion of the approximately 181 acres of land
located in Pinal County, Arizona, depicted on the map entitled Southeast
Arizona Land Exchange and Conservation Act of 2005-Federal Parcel-Superior
Airport Contiguous Parcel
, dated June 2005.
Condition of conveyance
Any conveyance 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, to the maximum extent practicable.
Timing of exchange
It is the intent of Congress that the land exchange directed by subsection (a) be completed not later than 1 year after the date of enactment of this Act.
Costs of conveyances and exchanges
Resolution Copper shall be responsible for—
hiring any contractors necessary for carrying out an exchange of land under subsection (a) or a conveyance of land under subsection (c); and
paying—
the costs of any appraisals relating to the exchange under subsection (a), including any reasonable reimbursements to the Secretary on request of the Secretary for the cost of reviewing and approving an appraisal;
the costs of any land surveys, including any necessary land surveys conducted by the Bureau of Land Management Cadastral Survey; and
any other cost agreed to by Resolution Copper and the Secretary.
Valuation of land exchanged or conveyed
Exchange valuation
In general
The value of the land exchanged under section 4(a) (including any Federal reversionary interest) shall be equal, as determined by the Secretary through an appraisal conducted in accordance with paragraph (2).
Appraisals
In general
An appraisal under this section shall be—
performed by an appraiser mutually agreed to by the Secretary and Resolution Copper;
performed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions (Department of Justice, 5th Edition, December 20, 2000);
the Uniform Standards of Professional Appraisal Practice; and
Forest Service appraisal instructions; and
submitted to the Secretary for review and approval.
Reappraisals and updated appraised values
After the final appraised value of a parcel is determined and approved under subparagraph (A), the Secretary shall not be required to reappraise or update the final appraised value—
for a period of 3 years after the approval by the Secretary of the final appraised value under subparagraph (A)(iii); or
at all, after an exchange agreement is entered into by Resolution Copper and the Secretary.
Public review
Before carrying out a land exchange under section 4, the Secretary shall make available for public review a summary of the appraisals of the land to be exchanged.
Failure to agree
If the Secretary 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 Management Act of 1976 (43 U.S.C. 1716(d)).
Federal land
The value of the Federal land conveyed to Resolution Copper under section 4(a) shall be determined as if the land is unencumbered by any unpatented mining claims of Resolution Copper.
Equalization of value
Surplus of Federal land value
In general
If the final appraised value of the Federal land exceeds the value of the non-Federal land in an exchange under section 4, Resolution Copper shall make a cash equalization payment to the Secretary to equalize the values of the Federal land and non-Federal land.
Compliance with Federal land policy and management Act
A payment under subparagraph (A) may be in excess of an amount authorized under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
Disposition and use of proceeds
Disposition of proceeds
Any cash equalization payments received by the Secretary
under subparagraph (A) and any amounts received by the Secretary under
paragraph (3) shall be deposited in the fund established by Public Law 90–171
(commonly known as the Sisk Act
) (16 U.S.C. 484a).
Use of proceeds
Amounts deposited under clause (i) shall be available to the Secretary, without further appropriation, for the acquisition of land for addition to the National Forest System in the State.
Surplus of non-Federal land value
In general
If the final appraised value of the non-Federal land exceeds the value of the Federal land in an exchange under section 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.
Waiver
In general
A payment under subparagraph (A) may be waived in whole or in part by Resolution Copper.
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.
Payment for land conveyed to town
In general
The Town shall pay the Secretary market value for any land acquired by the Town from the Secretary under section 4(c), as determined by the Secretary through an appraisal conducted in accordance with subsection (a)(2).
Credit
If the Secretary of the Interior owes a payment to Resolution Copper under paragraph (2)—
the Secretary of the Interior shall credit against the amount owed to Resolution Copper the market value of any land conveyed to the Town under section 4(c); and
the obligation of the Town to pay the United States shall be reduced by the amount of the credit.
Effect
An amount credited under subparagraph (B) shall be considered to be a donation by Resolution Copper to the Town for all purposes of law.
Conservation easement
In general
As a condition of the land exchange under section 4(a), Resolution Copper shall deliver to the Secretary an executed document granting a permanent conservation easement to an entity that is—
a qualified unit of government; or
a land trust or other qualified organization as defined in section 170(h) of the Internal Revenue Code of 1986.
Easement area
The area of the conservation easement under this section shall be the surface estate of Apache Leap.
Terms
The conservation easement under this section shall—
prohibit surface development of the easement area by Resolution Copper, except for a fence, sign, monitoring device, or other improvement for an administrative, public health and safety, or other appropriate purpose, as determined by Resolution Copper and the grantee;
prohibit commercial mineral extraction under the easement area by any method that could impact the surface of the easement area; and
provide for appropriate nonmotorized public access to and use of the easement area, as determined by Resolution Copper and the grantee.
Additional public access routes
In general
Not later than 3 years after the date of the conveyance under section 4(a), Resolution Copper and the grantee, in consultation with the Town and other interested parties, shall determine whether the area covered by the conservation easement should be used to establish additional public access routes (including motorized roads), trails, and trailheads to Apache Leap.
Costs
In general
If Resolution Copper and the grantee determine under paragraph (1) that any additional public access routes, trails, or trailheads should be established in the area covered by the conservation easement, Resolution Copper shall, subject to subparagraph (B), pay all reasonable costs of establishing the additional public access routes, trails, or trailheads.
Limitation
The total cost of establishing all public access routes, trails, or trailheads authorized by Resolution Copper and the grantee under this subsection shall be not more than $250,000.
Easement and appraisal
In general
The requirement that Resolution Copper grant the conservation easement under this section shall not be considered in determining, or result in any diminution in, the market value of the Federal land for purposes of an appraisal under section 5.
Effect
The market value of the conservation easement and any amount paid by Resolution Copper under subsection (d)(2) shall be considered to be a donation by Resolution Copper to the United States.
Mining Activities
In general
Except as provided in subsection (c) and other Federal law (including regulations) relating to mining activities on private land, the conservation easement shall not impose any additional restrictions on mining activities carried out by Resolution Copper after the date of the conveyance under section 4(a).
Liability
Resolution Copper shall not be liable for any damage to the easement area caused by future use or failure of any tunnel or other underground mining works established on the Federal land on or before the date of the conveyance under section 4(a).
Role of secretary
Unless otherwise agreed by the Secretary and Resolution Copper, the Secretary shall not be—
a party to the conservation easement under this section; or
involved in the drafting, monitoring, or enforcement of the conservation easement.
Incorporation, management, and status of acquired land
Land Acquired by the Secretary
In general
Land acquired by the Secretary under this Act shall—
become part of the National Forest within which the land is located; and
be administered in accordance with the laws (including regulations) applicable to the National Forest System.
Boundaries
For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et seq.), the boundaries of a National Forest in which land acquired by the Secretary is located shall be deemed to be the boundaries of that forest as in existence on January 1, 1965.
Land acquired by the secretary of the interior
Land acquired by the Secretary of the Interior under this Act shall—
become part of the administrative unit or area within which the land is located; and
be administered in accordance with the laws (including regulations) applicable to public land.
Withdrawal
On acquisition by the United States of any land under this Act, subject to valid existing rights and without further action by the Secretary or the Secretary of the Interior, as appropriate, the acquired land is permanently withdrawn from all forms of entry and appropriation under—
the public land laws (including the mining and mineral leasing laws); and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
Public uses of Federal land
Oak flat campground
Replacement campground
In general
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with Resolution Copper, the Town, and other interested parties, shall design and construct in the Globe Ranger District of the Tonto National Forest 1 or more replacement campgrounds for the Oak Flat Campground (including appropriate access routes to any replacement campgrounds).
Public facilities
Any replacement campgrounds under this paragraph shall be designed and constructed in a manner that adequately (as determined in the sole discretion of the Secretary) replaces, or improves on, the facilities, functions, and amenities available to the public at the Oak Flat Campground.
Costs of replacement
Resolution Copper shall pay the cost of designing, constructing, and providing access to any replacement campgrounds under this subsection, not to exceed $500,000.
Interim oak flat campground access
In general
The document conveying the Federal land to Resolution Copper under section 4(a) shall specify that the Secretary shall continue to operate and maintain the Oak Flat Campground until the earlier of—
the date that is 2 years after the date of enactment of this Act; or
the date on which any replacement campgrounds under this subsection are developed and opened for public use.
Liability
During the interim period described in subparagraph (A), Resolution Copper shall not be liable for any public use of the Oak Flat Campground.
Rock climbing areas
Replacement rock climbing area
In general
On request by the Board, acting pursuant to an
authorization from the State legislature, the Secretary of the Interior shall
convey to the Board the land described in subparagraph (B) for establishment of
the State Park for public or recreational purposes under the Act of June 14,
1926 (commonly known as the Recreation and Public Purposes Act
)
(43 U.S.C.
869 et seq.).
Description of land
The land referred to in subparagraph (A) is the approximately 2,000 acres of land under the jurisdiction of the Secretary of the Interior within the exterior boundary of the State Park.
Deadline
To be valid, a request for a conveyance under subparagraph (A) shall be submitted by the Board to the Secretary of the Interior not later than 5 years after the date of enactment of this Act.
Use of land
The conveyance of land under subparagraph (A) shall be subject to the condition that—
the land conveyed to the Board shall be used for the purpose of establishing the State Park, as authorized by the State legislature; and
the State Park shall be used for—
rock climbing;
bouldering; and
any other forms of outdoor recreation and natural resource conservation as the Board determines to be appropriate.
Consideration
In general
Except as provided in clause (ii) and in accordance with section 2741.8 of title 43, Code of Federal Regulations (or a successor regulation), the conveyance of the land under subparagraph (A) shall be without monetary consideration.
Exception
Notwithstanding clause (i), the Board shall pay any reasonable administrative costs incurred by the Secretary of the Interior in making the conveyance.
Acquisition of land
The conveyance of land under subparagraph (A) shall be subject to the condition that, if any land within the exterior boundary of the State Park is acquired by the United States from a willing seller, the land shall, on acquisition—
be conveyed to the Board; and
be incorporated into the State Park.
Mineral interests
In general
The United States shall retain any mineral interests in the land conveyed under subparagraph (A).
Withdrawal
Beginning on the date of enactment of this Act, and subject to valid existing rights, the land described in subparagraph (B) shall be permanently withdrawn from all forms of entry and appropriation under the mining and mineral leasing laws, including the Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.).
Fees; concessions contracts
Nothing in this Act prohibits the Board from—
charging reasonable entry or user fees for the State Park; or
entering into concession contracts to manage the State Park.
Reversion
If the land conveyed under subparagraph (A) is used in a manner that is inconsistent with the uses described in subparagraph (D), the land shall, at the discretion of the Secretary of the Interior, revert to the United States.
Adjacent management
Finding
Congress finds that land in close proximity to the State Park is or has been the site of—
mining or mining related activities or operations;
livestock grazing; and
agricultural activities.
No protective perimeter or buffer
The establishment of the State Park shall not create any protective perimeter or buffer zone around the State Park.
Other activities or uses
The fact that non-park activities or uses can be seen or heard from areas within the State Park shall not preclude the conduct of those activities or uses outside the boundary of the State Park.
Effect
The establishment of the State Park does not impose new or additional requirements or restrictions under the laws of the United States with respect to the permitting, management, or conduct of mining operations and other activities outside the boundaries of the State Park.
Road
In general
To provide safe and reasonable public access to the State Park, the Secretary of the Interior shall construct or improve, or oversee construction or improvement of, and grant the Board a right-of-way over, a road on the route described in subparagraph (B).
Description of route
The route referred to in subparagraph (A) is the route
generally depicted as the Tam O-Shanter Access Road
on the map
entitled Tam O'Shanter Access Road
, dated February 2006.
Condition
The road authorized under subparagraph (A) shall be an unpaved road, constructed or improved only to the extent that Secretary of the Interior, after consultation with the Board, determines is necessary to permit the safe passage of 2-wheel drive vehicles for public recreational access purposes.
Location
The exact location of the road authorized under subparagraph (A) may, at the sole discretion of the Secretary of the Interior, after consultation with the Board, be modified or realigned along the general route shown on the map described in subparagraph (B).
Deadline
To the maximum extent practicable consistent with weather conditions, the road under subparagraph (A) shall be completed not later than 1 year after the date of conveyance of the land described in paragraph (1)(B) to the Board.
Management
The Board shall manage and maintain the road and right-of-way beginning on the date on which the road is completed.
Costs
In general
In order to construct, improve, and pay for the road under subparagraph (A), the Secretary of the Interior shall, at the sole discretion of the Secretary of the Interior—
enter into a contract with Resolution Copper or the Board to construct and improve the road in accordance with instructions issued by, and under the supervision of, the Secretary of the Interior; or
require Resolution Copper to pay for the costs of the road, including costs to the Secretary of the Interior of planning and supervising the road construction or improvement.
Limitation
The total amount of costs to be paid by Resolution Copper under clause (i) shall not exceed $500,000.
Alternative rock climbing replacement
In general
If the land described in paragraph (1)(B) is not conveyed to the Board, the Secretary, in consultation with the Secretary of the Interior, Resolution Copper, the Town, local climbing organizations, and other interested persons, shall identify and provide 1 or more replacement rock climbing areas (including public access to any replacement rock climbing areas) on National Forest System land or other land of the Federal Government that possesses, to the maximum extent practicable, the general characteristics of the rock climbing area on the Federal land, as determined by the Secretary.
Costs
In general
Subject to clause (ii), Resolution Copper shall pay any costs incurred by the Secretary or the Secretary of the Interior in studying, accessing, and developing any replacement rock climbing areas under subparagraph (A).
Limitation
The total amount of costs that Resolution Copper is required to pay under clause (i) shall not exceed $500,000.
Interim use of oak flat federal land
In general
Until the Federal land is transferred to Resolution Copper under section 4(a), the Secretary shall, subject to paragraphs (2) and (3), continue to administer and allow public access to, and use of, rock climbing sites on the Federal land, other than the excluded areas described in paragraph (2)
Excluded areas
The excluded areas referred to in paragraph (1) are the the
climbing sites on the Federal land known as the Mine Area
and
Eurodog Valley
areas, as generally depicted on the map entitled
Mine Area, Eurodog Valley, and Magma Mine Road Closure Sites
and
dated February 2006.
Closure to public use
In general
If any of the areas described in paragraph (2) have not been closed to public use as of the date of enactment of this Act, the areas shall be closed to public use on the date of enactment of this Act.
Magma mine road
In general
Except as provided in clause (ii), on the date of enactment of this Act, the Magma Mine Road shall be closed to further public use.
Exception
The closure under clause (i) shall not apply to the road segment of the Magma Mine Road needed to access the Oak Flat Campground during the period described in subsection (a)(3)(A).
Boulderblast competition
During the period beginning on the date of enactment
of this Act and ending on the date that is 5 years after the date of enactment
of this Act, the Secretary of the Interior, in consultation with Resolution
Copper, may issue not more than 1 special use permit per year to provide public
access to the bouldering area on the Federal land for purposes of the annual
BoulderBlast
competition.
Liability
Resolution Copper shall not be liable for any public use of the Federal land under paragraph (3) or (4).
Miscellaneous provisions
Contractors
In general
Any work relating to a conveyance or exchange under section 4 that is performed by a contractor shall be subject to the mutual agreement of the Secretary or the Secretary of the Interior, as appropriate, and Resolution Copper, including agreement with respect to—
the selection of the contractor; and
the scope of the work performed by the contractor.
Review and approval
Review and approval of any work performed by a contractor under this subsection shall be—
performed by the Secretary or the Secretary of the Interior, as appropriate; and
subject to Federal, State, and local laws (including regulations).
Lead Actor agreement
The Secretary and the Secretary of the Interior may mutually agree to designate the Secretary as the lead actor for any action under this subsection.
Revocation of orders; withdrawal
Revocation of orders
Any public land order that withdraws the Federal land or the land to be conveyed to the Board under section 8(b)(1) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the land.
Withdrawal
On the date of enactment of this Act, if the Federal land is not withdrawn or segregated from entry and appropriation under a public land law (including mining and mineral leasing laws and the Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.)), the Federal land shall be withdrawn from entry and appropriation, subject to any right of Resolution Copper, until the date of the conveyance of Federal land under section 4(a).
Maps, estimates, and descriptions
Minor errors
The Secretary or the Secretary of the Interior, as appropriate, Resolution Copper, or the Board, may by mutual agreement correct any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act.
Conflict
If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary, Resolution Copper, or the Board, as appropriate, mutually agree otherwise.
Availability
In general
On the date of enactment of this Act, the Secretary shall file and make available for public inspection in the Office of the Supervisor, Tonto National Forest, any map referred to in this Act.
Other maps
Any maps accompanying the State Park conveyance and road access under section 8 shall be made available for public inspection in the Arizona Office of the Bureau of Land Management.