S. 1862 (110th): Southeast Arizona Land Exchange and Conservation Act of 2007

110th Congress, 2007–2009. Text as of Jul 24, 2007 (Introduced).

Status & Summary | PDF | Source: GPO

II

110th CONGRESS

1st Session

S. 1862

IN THE SENATE OF THE UNITED STATES

July 24, 2007

(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.

Short title; table of contents

(a)

Short title

This Act may be cited as the Southeast Arizona Land Exchange and Conservation Act of 2007.

(b)

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. 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.

2.

Purposes

The purposes of this Act are—

(1)

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

(2)

to provide for—

(A)

the conveyance of certain land from the Secretary concerned 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; and

(B)

the permanent protection of cultural and other resources and uses of the Apache Leap escarpment located in close proximity to the Town of Superior, Arizona.

3.

Definitions

In this Act:

(1)

Apache Leap

The term Apache Leap means the approximately 695 acres of land referred to as the Apache Leap Conservation Easement Area on the map entitled Apache Leap Conservation Easement Area, dated November 2006.

(2)

Arizona Land Fund

The term Arizona Land Fund means the fund established by section 9(a).

(3)

Board

The term Board means the Arizona State Parks Board, an entity established by the State legislature.

(4)

Eligible consideration

The term eligible consideration means consideration—

(A)

conveyed by Resolution Copper to the Secretary concerned in accordance with the land exchange described in section 4(a); and

(B)

comprised of—

(i)

all right, title, and interest of Resolution Copper in and to the non-Federal land that is acceptable to the Secretary concerned, as appropriate; and

(ii)

an amount of not less than $7,500,000.

(5)

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.

(6)

Grantee

The term grantee means the 1 or more entities that are granted the permanent conservation easement under section 6(a).

(7)

Map

The term map means the map entitled Southeast Arizona Land Exchange and Conservation Act of 2005-Federal Parcel-Oak Flat, dated January 2005.

(8)

Non-Federal land

The term non-Federal land means the land described in section 4(b)(1).

(9)

Notch

The term Notch means the approximately 45 acres of land referred to as the Notch on the map entitled Apache Leap Conservation Easement Area, dated November 2006.

(10)

Oak flat campground

The term Oak Flat Campground means the campground that is—

(A)

comprised of approximately 16 developed campsites; and

(B)

generally depicted on the map entitled Oak Flat Campground, dated September 2006.

(11)

Resolution copper

The term Resolution Copper means—

(A)

Resolution Copper Mining, LLC, a Delaware limited liability company; and

(B)

any successor, assign, affiliate, member, or joint venturer of Resolution Copper Cooper Mining, LLC.

(12)

Secretary

The term Secretary means Secretary of Agriculture.

(13)

Secretary concerned

The term Secretary concerned means—

(A)

the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and

(B)

the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe).

(14)

State

The term State means the State of Arizona.

(15)

State Park

The term State Park means the proposed rock climbing State park—

(A)

authorized under Ariz. Rev. Stat. § 41–511.16 (2007); and

(B)

as depicted on the map entitled Tam O'Shanter Area State Park and dated September 22, 2006.

(16)

Town

The term Town means the Town of Superior, Arizona, which is an incorporated municipality.

4.

Land conveyances and exchanges

(a)

In general

On receipt of an offer from Resolution Copper to convey to the Secretary concerned the eligible consideration, 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.

(b)

Resolution copper land exchange

(1)

Conveyance of land

On receipt of title to the Federal land under subsection (a), Resolution Copper shall simultaneously convey—

(A)

to the Secretary, all right, title, and interest that the Secretary determines to be acceptable in and to—

(i)

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;

(ii)

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;

(iii)

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;

(iv)

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

(v)

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

(B)

to the Secretary of the Interior, all right, title, and interest that the Secretary of the Interior determines to be acceptable in and to—

(i)

the approximately 3,073 acres of land located in Pinal County, Arizona, depicted on the map entitled Lower San Pedro River Parcel, dated May 31, 2006; and

(ii)

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.

(2)

Payment of amount

On receipt of title to the Federal land under subsection (a), as a condition of the conveyance authorized under subsection (a), Resolution Copper shall pay to the Secretary of the Treasury for deposit into the Arizona Land Fund the amount of $7,500,000.

(c)

Conveyance of land to town

(1)

In general

Subject to paragraph (2), not later than 90 days after the date on which the exchange under subsection (a) is consummated, on receipt of a request from the Town for any parcel of land described in paragraph (2), the Secretary shall convey to the Town, for a price equal to market value, as appraised under section 5, each parcel of land that the Town requests.

(2)

Eligible parcels

The Town may request—

(A)

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;

(B)

the reversionary interest, and any reserved mineral 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

(C)

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.

(3)

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.

(d)

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.

(e)

Costs of conveyances and exchanges

In accordance with sections 254.4 and 254.7 of title 36, Code of Federal Regulations (or successor regulations), Resolution Copper shall assume responsibility for—

(1)

hiring any contractors determined by the Secretary to be necessary for carrying out an exchange or conveyance under subsection (a), (b), or (c); and

(2)

paying, without compensation—

(A)

the costs of each appraisal relating to the exchange or conveyance under subsection (a), (b), or (c), including any reasonable reimbursements to the Secretary on request of the Secretary for the cost of reviewing and approving an appraisal;

(B)

the costs of any hazardous materials survey, mitigation requirement, clearance, or land survey, including any necessary land surveys conducted by the Bureau of Land Management Cadastral Survey; and

(C)

any other cost agreed to by Resolution Copper and the Secretary concerned.

(f)

Contractor work and approvals

(1)

In general

Any work relating to the exchange or conveyance of land that is performed by a contractor shall be subject to the mutual agreement of the Secretary concerned and Resolution Copper, including any agreement with respect to—

(A)

the selection of the contractor; and

(B)

the scope of work performed by the contractor.

(2)

Review and approval

Any required review and approval of work by a contractor shall be performed by the Secretary concerned in accordance with applicable law (including regulations).

(3)

Lead actor

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.

5.

Valuation of land exchanged or conveyed

(a)

Exchange valuation

(1)

In general

The value of the land exchanged or conveyed under subsection (a), (b), or (c) of section 4 (including any reversionary interest) shall be determined by the Secretary through 1 or more appraisals conducted in accordance with paragraph (2).

(2)

Appraisals

(A)

In general

An appraisal under this section shall be—

(i)

performed by an appraiser mutually agreed to by the Secretary and Resolution Copper;

(ii)

performed in accordance with—

(I)

the Uniform Appraisal Standards 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 instructions; and

(iii)

submitted to the Secretary for review and approval.

(B)

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—

(i)

for a period of 3 years after the approval by the Secretary of the final appraised value under subparagraph (A)(iii); or

(ii)

at all, after an exchange agreement is entered into by Resolution Copper and the Secretary.

(C)

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.

(3)

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)).

(4)

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.

(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 consideration, Resolution Copper shall make a cash equalization payment to the Secretary to equalize the values of the Federal land and non-Federal consideration.

(B)

Amount of payment

Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment under subparagraph (A) in an amount that is greater than 25 percent of the value of the Federal land.

(C)

Disposition and use of proceeds

(i)

Disposition of proceeds

(I)

Cash equalization payments

Any cash equalization payments received by the Secretary concerned under subparagraph (A) shall, without further appropriation, be deposited in the Arizona Land Fund.

(II)

Payment for land conveyed to town

Any amounts received by the Secretary concerned 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).

(ii)

Use of proceeds

(I)

Cash equalization payments

Amounts deposited under clause (i)(I) shall be available and expended in accordance with section 9(b).

(II)

Payment for land conveyed to town

Amounts deposited under clause (i)(II) shall be available to the Secretary concerned, without further appropriation, and until expended, for the acquisition of land or interests in land located in the State.

(2)

Surplus of value relating to non-Federal consideration

If the final appraised value of the non-Federal eligible consideration exceeds the value of the Federal land involved in the exchange under section 4—

(A)

the Secretary shall not make a payment to Resolution Copper to equalize the values of the land; and

(B)

the surplus value of the non-Federal consideration shall be considered a donation by Resolution Copper to the United States.

(3)

Payment for land conveyed to town

(A)

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).

(B)

Credit

If the final appraised value of the non-Federal consideration exceeds the value of the Federal land in the exchange under section 4, the obligation of the Town to pay the United States under subparagraph (A) shall be reduced by an amount equal to the excess value of the non-Federal consideration.

6.

Apache Leap natural and cultural resource conservation easement

(a)

In general

To protect the scenic, cultural, historic, educational, and natural resource values of the Apache Leap escarpment, 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 for the easement area to an entity that is—

(1)

a qualified unit of government or Indian tribe; or

(2)

a land trust or other qualified organization as defined in section 170(h) of the Internal Revenue Code of 1986.

(b)

Easement area

The area of the conservation easement under this section shall be the surface estate of Apache Leap.

(c)

Terms

The conservation easement under this section—

(1)

shall—

(A)

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 any grantee of the conservation easement;

(B)

prohibit commercial mineral extraction under the easement area; and

(C)

provide for appropriate nonmotorized public access to and use of the easement area, as determined by Resolution Copper and any grantee of the conservation easement; and

(2)

may contain such other terms and conditions as the grantor or grantee of the conservation easement, in consultation with the Town, interested Indian tribes, and any other interested Yavapai and Apache party, determines to be appropriate to conserve, protect, enhance, and manage the cultural and historic resources and traditional uses of the easement area.

(d)

Endowment

As a condition of the conveyance authorized under section 4(a), Resolution Copper shall pay to the grantee of the conservation easement under this section $250,000, to be used by the grantee of the conservation easement—

(1)

to monitor the easement;

(2)

to enforce the borders of the easement;

(3)

to carry out any administrative activity relating to the easement; and

(4)

to provide such additional protections, access, or alternative access as may be determined appropriate pursuant to subsection (f).

(e)

Role of Secretary

(1)

In general

The Secretary—

(A)

may be consulted during the preparation and drafting of the executed document granting a permanent conservation easement to the easement area under subsection (a); but

(B)

unless otherwise agreed to by the Secretary and Resolution Copper, shall not be—

(i)

a party to the conservation easement under this section; or

(ii)

required to carry out any activity relating to the monitoring or enforcement of the conservation easement under this section.

(2)

Additional management

The Secretary may manage the Notch in accordance with the terms of the conservation easement under this section.

(f)

Additional protections and access

Not later than 3 years after the date of the conveyance of the Federal land under section 4(a), Resolution Copper and the grantee, in consultation with the Town, interested Yavapai and Apache Indian tribes, and other interested parties, shall determine whether the area covered by the conservation easement should be managed to establish—

(1)

additional cultural and historical resource protections or measures, including permanent or seasonal closures of any portion of the easement area to protect cultural or archeological resources; or

(2)

additional or alternative public access routes, trails, and trailheads to Apache Leap.

(g)

Easement and appraisal

(1)

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.

(2)

Effect

The market value of the conservation easement and any amount paid by Resolution Copper under subsection (d) shall be considered to be a donation by Resolution Copper to the United States.

(h)

Mining activities

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 outside of the easement area after the date of the conveyance under section 4(a).

7.

Incorporation, management, and status of acquired land

(a)

Land acquired by the Secretary

(1)

In general

Land acquired by the Secretary under this Act, including any land or interest in land acquired by the Secretary under section 4(a) shall—

(A)

become part of the National Forest within which the land is located; and

(B)

be administered in accordance with the laws (including regulations) applicable to the National Forest System.

(2)

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 concerned is located shall be deemed to be the boundaries of that forest as in existence on January 1, 1965.

(3)

Management of JI ranch

(A)

In general

On the date on which the Secretary of the Interior acquires the JI Ranch parcel described in section 4(b)(1)(A)(iv), the Secretary concerned shall manage the land to allow Yavapai and Apache Indian tribes—

(i)

to access the land; and

(ii)

to undertake traditional activities relating to the gathering of acorns.

(B)

Authority of Secretary of the Interior

Upon request from the Yavapai or Apache Indian tribe, the Secretary of the Interior may temporarily or seasonally close to the public any portion of the land described in section 4(b)(1) during the period in which the Yavapai or Apache Indian tribe undertakes any activity described in subparagraph (A)(ii).

(b)

Land acquired by the Secretary of the Interior

(1)

In general

Land acquired by the Secretary of the Interior under this Act shall—

(A)

become part of the administrative unit (including the national conservation area, if applicable) or other area within which the land is located; and

(B)

be managed in accordance with the laws (including regulations) applicable to the administrative unit, national conservation area, or other area within which the land is located.

(2)

Land located in close proximity to lower San Pedro River

To preserve and enhance the natural character and conservation value of the land described in section 4(b)(1)(B)(i), the Secretary of the Interior shall manage the land in accordance with subsections (a) and (b) of section 102 of the Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 460xx–1).

(c)

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 concerned, the acquired land is permanently withdrawn from all forms of entry and appropriation under—

(1)

the public land laws (including the mining and mineral leasing laws); and

(2)

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).

8.

Public uses of Federal land

(a)

Oak flat campground

(1)

Replacement campground

(A)

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).

(B)

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.

(2)

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.

(3)

Interim oak flat campground access

(A)

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—

(i)

the date that is 2 years after the date of enactment of this Act; or

(ii)

the date on which any replacement campgrounds under this subsection are developed and opened for public use.

(B)

Liability

During the interim period described in subparagraph (A), Resolution Copper shall not be liable for any public use of the Oak Flat Campground.

(b)

Rock climbing areas

(1)

Replacement rock climbing area

(A)

In general

On request by the Board, acting pursuant to an authorization from the State legislature, as soon as practicable after the request, 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.).

(B)

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.

(C)

Use of land

The conveyance of land under subparagraph (A) shall be subject to the condition that—

(i)

the land conveyed to the Board shall be used for the purpose of establishing the State Park, as authorized by the State legislature; and

(ii)

the State Park shall be used for—

(I)

rock climbing;

(II)

bouldering; and

(III)

any other forms of outdoor recreation and natural resource conservation as the Board determines to be appropriate.

(D)

Consideration

(i)

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.

(ii)

Exception

Notwithstanding clause (i), the Board shall pay any reasonable administrative costs incurred by the Secretary in making the conveyance.

(E)

Automatic transfer of land

On the date on which the State Park is established, the parcel of land described in section 4(b)(1)(B)(ii), and any other parcel of land that is located within the State Park and purchased by the United States from a willing seller, shall be transferred to the Board for incorporation into the State Park.

(F)

Mineral interests

(i)

In general

The United States shall retain any mineral interests in the land conveyed under subparagraph (A).

(ii)

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.).

(G)

Fees; concessions contracts

Nothing in this Act prohibits the Board from—

(i)

charging reasonable entry or user fees for the State Park; or

(ii)

entering into concession contracts to manage the State Park.

(H)

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.

(I)

Adjacent management

(i)

Finding

Congress finds that land in close proximity to the State Park is or has been the site of—

(I)

mining or mining related activities or operations;

(II)

livestock grazing; and

(III)

agricultural activities.

(ii)

No protective perimeter or buffer

The establishment of the State Park shall not create any protective perimeter or buffer zone around the State Park.

(iii)

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.

(J)

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.

(2)

State park access road

(A)

In general

To provide safe and reasonable public access to the State Park, on request by the Board, the Secretary of the Interior shall grant the Board a right-of-way for the construction of an access road on the route described in subparagraph (B).

(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.

(C)

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.

(D)

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).

(E)

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.

(F)

Management

The Board shall manage and maintain the road and right-of-way beginning on the date on which the road is completed.

(G)

Road costs

(i)

Payment by Resolution Copper

As a condition of the conveyance authorized under section 4(a), Resolution Copper shall pay to the Secretary of the Interior $500,000 to be used for the construction of any road under this paragraph.

(ii)

Payment by Secretary of the Interior

On the date of receipt of the amount paid to the Secretary of the Interior by Resolution Copper under clause (i), the Secretary of the Interior shall pay to the Board an amount equal to the amount received by Resolution Copper to be used for the construction of any road under this paragraph.

(iii)

Additional costs

The Board shall be responsible for each cost in excess of the amount paid by the Secretary of the Interior to the Board relating to the construction and maintenance of any road under this paragraph.

(c)

Interim use of oak flat Federal land

(1)

In general

Until the Federal land is transferred to Resolution Copper under section 4(a), the Secretary of the Interior 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).

(2)

Excluded areas

The excluded areas referred to in paragraph (1) are 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.

(3)

Closure to public use

(A)

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.

(B)

Magma mine road

(i)

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.

(ii)

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).

(4)

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, 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.

(5)

Liability

Resolution Copper shall not be liable for any public use of the Federal land under paragraph (3) or (4).

9.

Arizona Land Fund

(a)

Establishment

There is established in the Treasury of the United States a fund (referred to in this section as the Fund), consisting of the amounts paid by Resolution Copper to the Secretary of the Treasury under sections 4(b)(2) and 5(b)(1).

(b)

Expenditures from Fund

(1)

In general

Subject to paragraph (2), on a joint request by the Secretary and the Secretary of the Interior, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary and the Secretary of the Interior determine are necessary to purchase land, or interests in land, under subsection (c).

(2)

Administrative expenses

An amount not exceeding 2 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act.

(c)

Uses of Fund

The Secretary and the Secretary of the Interior shall jointly use amounts in the Fund to purchase from willing sellers land, including interests in land, that is—

(1)

located within the hydrographic boundary of the San Pedro River (including tributaries of the San Pedro River); or

(2)

determined by the Secretary and the Secretary of the Interior to be an acquisition priority in the State.

10.

Miscellaneous provisions

(a)

Revocation of orders; withdrawal

(1)

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.

(2)

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).

(b)

Maps, estimates, and descriptions

(1)

Minor errors

The Secretary concerned, 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.

(2)

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 concerned, Resolution Copper, or the Board, as appropriate, mutually agree otherwise.

(3)

Availability

(A)

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.

(B)

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.