Kyl, McCain Introduce Southeast Arizona Land Exchange and Conservation Act of 2007

WASHINGTON, D.C. U.S. Senator Jon Kyl (R-Ariz.), along with U.S. Senator John McCain (R-Arizona), introduced the Southeast Arizona Land Exchange and Conservation Act of 2007 (S. 1862), a bill that facilitates an important land exchange that will protect environmentally sensitive lands, while providing a much-needed economic engine for the Town of Superior and surrounding communities. It is in the public interest to bring these conservation lands into federal ownership for the enjoyment of future generations, said Kyl. Under the Kyl-McCain bill, Resolution Copper Mining would convey seven parcels of private land, totaling 4,583 acres, to the U.S. Forest Service and the Bureau of Land Management, plus $7.5 million to be placed in a trust account for the future federal purchase of additional conservation lands in Arizona. These parcels include lands along the San Pedro River, an important internationally recognized migratory bird corridor, riparian and wetland habitat for threatened and endangered animal and plant species, and magnificent canyons and forests that are home to big game species. In exchange for these lands, 3,025 federally-owned acres, commonly known as Oak Flat, would be conveyed to Resolution Copper and used for the future exploration of copper ore. Oak Flat lies adjacent to, and is intermingled with, Resolution Coppers existing private lands and the Magma Mine. Seventy-five percent of this parcel is overlain with unpatented mining claims owned by the company. The bill is a culmination of extensive and careful negotiation with local and state stakeholders, federal agencies, and mining and other interested parties. The private parcels have been identified, and are strongly endorsed for acquisition by the Arizona Audubon Society, Nature Conservancy, Trust for Public Land, Sonoran Institute, Arizona Game and Fish Department, and many others. Arizona Governor Janet Napolitano, as well as the editorial boards of the Arizona Republic and the East Valley Tribune have expressed support for the exchange. In addition to the exchange of land between the United States and Resolution Copper, the bill also includes provisions permitting the conveyance of federal lands to the Town of Superior in order to help the town meet its municipal needs and to expand and diversify its economic development. Lands specified include the town cemetery, around the town airport, and a federal reversionary interest that exists at the airport site. The bill now goes to the Senate Committee on Energy and Natural Resources for consideration. Kyl and McCain introduced similar legislation in the 109th congressional session, though final action on the bill did not occur before adjournment. Southeast Arizona Land Exchange and Conservation Act (S. 1862) HIGHLIGHTS Land Conveyances and Exchanges Resolution Copper acquires from Forest Service (1 parcel totaling 3,025 acres): ¢ 3,025 acre parcel commonly called "Oak Flat." The parcel lies adjacent to and is intermingled with Resolution's existing private lands and the Magma Mine. 75 percent of the parcel is overlain with unpatented mining claims owned by Resolution Copper. Forest Service acquires from Resolution Copper (5 parcels totaling 1,350 acres): ¢ 147 acre Turkey Creek parcel along a permanently flowing stream in the Tonto National Forest. ¢ 148 acre Tangle Creek parcel--riparian habitat and water rights in the Tonto National Forest. ¢ 149 acre Cave Creek parcel located near Carefree, Arizona. The parcel contains archeological sites and riparian habitat. ¢ 266 acre JI Ranch located near Superior, Arizona. The parcel contains a rare, year-round pond and stream, endangered cactus species, and opportunities for acorn gathering by Yavapai and Apache tribes. ¢ 640 acre East Clear Creek parceltwo miles of river bottom and valuable habitat or potential habitat for several endangered/sensitive species on year-round stream in the Coconino National Forest. BLM acquires from Resolution Copper (2 parcels totaling 3,233 acres): ¢ 3,073 acre "Seven B" Ranch, which includes 6.8 miles of the lower San Pedro River, possibly the largest (811 acres) and oldest mesquite bosque remaining in Arizona, critical bird habitat and migration corridor, a high volume artesian spring, and potential endangered species (bird) habitat. ¢ 160 acre Dripping Springs rock climbing parcel near Hayden, AZ (for addition to State Park). Town of Superior may acquire from Forest Service: ¢ 30 acre Town cemetery. ¢ Up to 181 acres adjacent to Town airport for economic development. ¢ Reversionary interest at the airport. Valuation of Land Exchanged or Conveyed ¢ Requires standard federal appraisals for all lands and that these appraisals be reviewed and approved by the Secretary of Agriculture. ¢ To protect against devaluation, the Oak Flat Federal parcel will be appraised as if unencumbered by: 1) Resolution's mining claims and 2) the required Apache Leap conservation easement. ¢ Requires a summary of the appraisals be made available for public review before the exchange can take place. Apache Leap Natural and Cultural Resource Conservation Easement ¢ Apache Leap escarpment above Superior, Arizona will be protected by a permanent conservation easement banning surface disturbance AND all commercial mineral extraction under the easement area. ¢ Easement terms shall include protection of cultural and other resources and uses of the Apache Leap escarpment. ¢ Expands the conservation easement from 562 acres to 695 acres by adding additional land at the south end of the Leap. ¢ Stipulates that a Yavapai or Apache Tribe or tribes may hold the conservation easement. ¢ Provides a $250,000 endowment fund for the implementation of the conservation easement. Public Uses of Federal Land ¢ Oak Flat campground (16 rustic tent/RV sites) will be replaced, at Resolution Coppers expense, on the Globe Ranger District. ¢ Interim access to Oak Flat campground for two years after enactment of the Act. ¢ 2,000 acres of land under the jurisdiction of the Secretary of the Interior in the Tam OShanter Mountains, shall be conveyed under the Recreation and Public Purposes Act to the Arizona State Parks Board for the establishment of a state park. ¢ $500,000 to build an access road to the state park. Arizona Land Fund ¢ Resolution Copper will pay $7.5 million to the Secretary of the Treasury. The $7.5 million will be deposited into a special Arizona Land Fund account at Treasury for the Forest Service and the BLM to purchase lands: (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. ¢ If any cash equalization payments are received by the Secretary from Resolution Copper, the payments shall also be deposited in the Arizona Land Fund. ¢ The $7.5 million payment will offset the removal of the 956 acre Appleton Ranch parcel from the non-federal lands package offered by Resolution Copper.