16 U.S.C. § 539p — Southeast Arizona land exchange and

Page 998 TITLE 16—CONSERVATION § 539p 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provi- sions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 1801 of Pub. L. 111–11, set out as a note under sec- tion 460vvv of this title. § 539p. Southeast Arizona land exchange and conservation (a) Purpose The purpose of this section is to authorize, di- rect, facilitate, and expedite the exchange of land between Resolution Copper and the United States. (b) Definitions In this section: (1) Apache Leap The term ‘‘Apache Leap’’ means the approxi- mately 807 acres of land depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Apache Leap’’ and dated March 2011. (2) Federal land The term ‘‘Federal land’’ means the approxi- mately 2,422 acres of land located in Pinal County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Con- servation Act of 2011–Federal Parcel–Oak Flat’’ and dated March 2011. (3) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of title 25. (4) Non-Federal land The term ‘‘non-Federal land’’ means the par- cels of land owned by Resolution Copper that are described in subsection (d)(1) and, if nec- essary to equalize the land exchange under subsection (c), subsection (c)(5)(B)(i)(I). (5) Oak Flat Campground The term ‘‘Oak Flat Campground’’ means the approximately 50 acres of land comprising approximately 16 developed campsites de- picted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Campground’’ and dated March 2011. (6) Oak Flat Withdrawal Area The term ‘‘Oak Flat Withdrawal Area’’ means the approximately 760 acres of land de- picted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Withdrawal Area’’ and dated March 2011. (7) Resolution Copper The term ‘‘Resolution Copper’’ means Reso- lution Copper Mining, LLC, a Delaware lim- ited liability company, including any suc- cessor, assign, affiliate, member, or joint ven- turer of Resolution Copper Mining, LLC. (8) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (9) State The term ‘‘State’’ means the State of Ari- zona. (10) Town The term ‘‘Town’’ means the incorporated town of Superior, Arizona. (11) Resolution mine plan of operations The term ‘‘Resolution mine plan of oper- ations’’ means the mine plan of operations submitted to the Secretary by Resolution Cop- per in November, 2013, including any amend- ments or supplements. (c) Land exchange (1) In general Subject to the provisions of this section, if Resolution Copper offers to convey to the United States all right, title, and interest of Resolution Copper in and to the non-Federal land, the Secretary is authorized and directed to convey to Resolution Copper, all right, title, and interest of the United States in and to the Federal land. (2) Conditions on acceptance Title to any non-Federal land conveyed by Resolution Copper to the United States under this section shall be in a form that— (A) is acceptable to the Secretary, for land to be administered by the Forest Service and the Secretary of the Interior, for land to be administered by the Bureau of Land Man- agement; and (B) conforms to the title approval stand- ards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (3) Consultation with Indian tribes (A) In general The Secretary shall engage in government- to-government consultation with affected Indian tribes concerning issues of concern to the affected Indian tribes related to the land exchange. (B) Implementation Following the consultations under para- graph (A), the Secretary shall consult with Resolution Copper and seek to find mutually acceptable measures to— (i) address the concerns of the affected Indian tribes; and (ii) minimize the adverse effects on the affected Indian tribes resulting from min- ing and related activities on the Federal land conveyed to Resolution Copper under this section. (4) Appraisals (A) In general As soon as practicable after December 19, 2014, the Secretary and Resolution Copper shall select an appraiser to conduct apprais- Page 999 TITLE 16—CONSERVATION § 539p als of the Federal land and non-Federal land in compliance with the requirements of sec- tion 254.9 of title 36, Code of Federal Regula- tions. (B) Requirements (i) In general Except as provided in clause (ii), an ap- praisal prepared under this paragraph shall be conducted in accordance with nation- ally recognized appraisal standards, in- cluding— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Profes- sional Appraisal Practice. (ii) Final appraised value After the final appraised values of the Federal land and non-Federal land are de- termined and approved by the Secretary, the Secretary shall not be required to re- appraise or update the final appraised value— (I) for a period of 3 years beginning on the date of the approval by the Secretary of the final appraised value; or (II) at all, in accordance with section 254.14 of title 36, Code of Federal Regula- tions (or a successor regulation), after an exchange agreement is entered into by Resolution Copper and the Secretary. (iii) Improvements Any improvements made by Resolution Copper prior to entering into an exchange agreement shall not be included in the ap- praised value of the Federal land. (iv) Public review Before consummating the land exchange under this section, the Secretary shall make the appraisals of the land to be ex- changed (or a summary thereof) available for public review. (C) Appraisal information The appraisal prepared under this para- graph shall include a detailed income cap- italization approach analysis of the market value of the Federal land which may be uti- lized, as appropriate, to determine the value of the Federal land, and shall be the basis for calculation of any payment under sub- section (e). (5) Equal value land exchange (A) In general The value of the Federal land and non-Fed- eral land to be exchanged under this section shall be equal or shall be equalized in ac- cordance with this paragraph. (B) Surplus of Federal land value (i) In general If the final appraised value of the Fed- eral land exceeds the value of the non-Fed- eral land, Resolution Copper shall— (I) convey additional non-Federal land in the State to the Secretary or the Sec- retary of the Interior, consistent with the requirements of this section and sub- ject to the approval of the applicable Secretary; (II) make a cash payment to the United States; or (III) use a combination of the methods described in subclauses (I) and (II), as agreed to by Resolution Copper, the Sec- retary, and the Secretary of the Interior. (ii) Amount of payment The Secretary may accept a payment in excess of 25 percent of the total value of the land or interests conveyed, notwith- standing section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (iii) Disposition and use of proceeds Any amounts received by the United States under this subparagraph shall be deposited in the fund established under section 484a of this title and shall be made available to the Secretary for the acquisi- tion of land or interests in land in Region 3 of the Forest Service. (C) Surplus of non-Federal land If the final appraised value of the non-Fed- eral land exceeds the value of the Federal land— (i) the United States shall not make a payment to Resolution Copper to equalize the value; and (ii) except as provided in subsection (h), the surplus value of the non-Federal land shall be considered to be a donation by Resolution Copper to the United States. (6) Oak Flat Withdrawal Area (A) Permits Subject to the provisions of this paragraph and notwithstanding any withdrawal of the Oak Flat Withdrawal Area from the mining, mineral leasing, or public land laws, the Sec- retary, upon enactment of this Act, shall issue to Resolution Copper— (i) if so requested by Resolution Copper, within 30 days of such request, a special use permit to carry out mineral explo- ration activities under the Oak Flat With- drawal Area from existing drill pads lo- cated outside the Area, if the activities would not disturb the surface of the Area; and (ii) if so requested by Resolution Copper, within 90 days of such request, a special use permit to carry out mineral explo- ration activities within the Oak Flat Withdrawal Area (but not within the Oak Flat Campground), if the activities are conducted from a single exploratory drill pad which is located to reasonably mini- mize visual and noise impacts on the Campground. (B) Conditions Any activities undertaken in accordance with this paragraph shall be subject to such reasonable terms and conditions as the Sec- retary may require. (C) Termination The authorization for Resolution Copper to undertake mineral exploration activities Page 1000 TITLE 16—CONSERVATION § 539p under this paragraph shall remain in effect until the Oak Flat Withdrawal Area land is conveyed to Resolution Copper in accord- ance with this section. (7) Costs As a condition of the land exchange under this section, Resolution Copper shall agree to pay, without compensation, all costs that are— (A) associated with the land exchange and any environmental review document under paragraph (9); and (B) agreed to by the Secretary. (8) Use of Federal land The Federal land to be conveyed to Resolu- tion Copper under this section shall be avail- able to Resolution Copper for mining and re- lated activities subject to and in accordance with applicable Federal, State, and local laws pertaining to mining and related activities on land in private ownership. (9) Environmental compliance (A) In general Except as otherwise provided in this sec- tion, the Secretary shall carry out the land exchange in accordance with the require- ments of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Environmental analysis Prior to conveying Federal land under this section, the Secretary shall prepare a single environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which shall be used as the basis for all decisions under Federal law related to the proposed mine and the Resolu- tion mine plan of operations and any related major Federal actions significantly affecting the quality of the human environment, in- cluding the granting of any permits, rights- of-way, or approvals for the construction of associated power, water, transportation, processing, tailings, waste disposal, or other ancillary facilities. (C) Impacts on cultural and archeological re- sources The environmental impact statement pre- pared under subparagraph (B) shall— (i) assess the effects of the mining and related activities on the Federal land con- veyed to Resolution Copper under this sec- tion on the cultural and archeological re- sources that may be located on the Federal land; and (ii) identify measures that may be taken, to the extent practicable, to minimize po- tential adverse impacts on those re- sources, if any. (D) Effect Nothing in this paragraph precludes the Secretary from using separate environ- mental review documents prepared in ac- cordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable laws for exploration or other activities not involving— (i) the land exchange; or (ii) the extraction of minerals in com- mercial quantities by Resolution Copper on or under the Federal land. (10) Title transfer Not later than 60 days after the date of pub- lication of the final environmental impact statement, the Secretary shall convey all right, title, and interest of the United States in and to the Federal land to Resolution Cop- per. (d) Conveyance and management of non-Federal land (1) Conveyance On receipt of title to the Federal land, Reso- lution 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 2011–Non-Federal Parcel–Turkey Creek’’ and dated March 2011; (ii) the approximately 148 acres of land located in Yavapai County, Arizona, de- picted on the map entitled ‘‘Southeast Ari- zona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Tangle Creek’’ and dated March 2011; (iii) the approximately 149 acres of land located in Maricopa County, Arizona, de- picted on the map entitled ‘‘Southeast Ari- zona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Cave Creek’’ and dated March 2011; (iv) the approximately 640 acres of land located in Coconino County, Arizona, de- picted on the map entitled ‘‘Southeast Ari- zona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–East Clear Creek’’ and dated March 2011; and (v) the approximately 110 acres of land located in Pinal County, Arizona, depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Apache Leap South End’’ and dated March 2011; 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 3,050 acres of land located in Pinal County, Arizona, identi- fied as ‘‘Lands to DOI’’ as generally de- picted on the map entitled ‘‘Southeast Ari- zona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Lower San Pedro River’’ and dated July 6, 2011; (ii) the approximately 160 acres of land located in Gila and Pinal Counties, Ari- zona, identified as ‘‘Lands to DOI’’ as gen- erally depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Dripping Springs’’ and dated July 6, 2011; and (iii) the approximately 940 acres of land located in Santa Cruz County, Arizona, Page 1001 TITLE 16—CONSERVATION § 539p 1 So in original. The word ‘‘Riparian’’ probably should precede ‘‘National’’. identified as ‘‘Lands to DOI’’ as generally depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Appleton Ranch’’ and dated July 6, 2011. (2) Management of acquired land (A) Land acquired by the Secretary (i) In general Land acquired by the Secretary under this section shall— (I) become part of the national forest in which the land is located; and (II) be administered in accordance with the laws applicable to the National For- est System. (ii) Boundary revision On the acquisition of land by the Sec- retary under this section, the boundaries of the national forest shall be modified to reflect the inclusion of the acquired land. (iii) Land and Water Conservation Fund For purposes of sections 100506(c) and 200306 of title 54, the boundaries of a na- tional forest in which land acquired by the Secretary is located shall be deemed to be the boundaries of that forest as in exist- ence on January 1, 1965. (B) Land acquired by the Secretary of the In- terior (i) San Pedro National 1 Conservation Area (I) In general The land acquired by the Secretary of the Interior under paragraph (1)(B)(i) shall be added to, and administered as part of, the San Pedro National 1 Con- servation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (II) Management plan Not later than 2 years after the date on which the land is acquired, the Secretary of the Interior shall update the manage- ment plan for the San Pedro National 1 Conservation Area to reflect the man- agement requirements of the acquired land. (ii) Dripping springs Land acquired by the Secretary of the Interior under paragraph (1)(B)(ii) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. (iii) Las Cienegas National Conservation Area Land acquired by the Secretary of the Interior under paragraph (1)(B)(iii) shall be added to, and administered as part of, the Las Cienegas National Conservation Area in accordance with the laws (including reg- ulations) applicable to the Conservation Area. (e) Value adjustment payment to United States (1) Annual production reporting (A) Report required As a condition of the land exchange under this section, Resolution Copper shall submit to the Secretary of the Interior an annual report indicating the quantity of locatable minerals produced during the preceding cal- endar year in commercial quantities from the Federal land conveyed to Resolution Copper under subsection (c). The first report is required to be submitted not later than February 15 of the first calendar year begin- ning after the date of commencement of pro- duction of valuable locatable minerals in commercial quantities from such Federal land. The reports shall be submitted Feb- ruary 15 of each calendar year thereafter. (B) Sharing reports with State The Secretary shall make each report re- ceived under subparagraph (A) available to the State. (C) Report contents The reports under subparagraph (A) shall comply with any recordkeeping and report- ing requirements prescribed by the Sec- retary or required by applicable Federal laws in effect at the time of production. (2) Payment on production If the cumulative production of valuable locatable minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper under subsection (c) ex- ceeds the quantity of production of locatable minerals from the Federal land used in the in- come capitalization approach analysis pre- pared under subsection (c)(4)(C), Resolution Copper shall pay to the United States, by not later than March 15 of each applicable cal- endar year, a value adjustment payment for the quantity of excess production at the same rate assumed for the income capitalization ap- proach analysis prepared under subsection (c)(4)(C). (3) State law unaffected Nothing in this subsection modifies, ex- pands, diminishes, amends, or otherwise af- fects any State law relating to the imposition, application, timing, or collection of a State excise or severance tax. (4) Use of funds (A) Separate fund All funds paid to the United States under this subsection shall be deposited in a spe- cial fund established in the Treasury and shall be available, in such amounts as are provided in advance in appropriation Acts, to the Secretary and the Secretary of the In- terior only for the purposes authorized by subparagraph (B). (B) Authorized use Amounts in the special fund established pursuant to subparagraph (A) shall be used for maintenance, repair, and rehabilitation projects for Forest Service and Bureau of Land Management assets. Page 1002 TITLE 16—CONSERVATION § 539p (f) Withdrawal Subject to valid existing rights, Apache Leap and any land acquired by the United States under this section are withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (g) Apache Leap Special Management Area (1) Designation To further the purpose of this section, the Secretary shall establish a special manage- ment area consisting of Apache Leap, which shall be known as the ‘‘Apache Leap Special Management Area’’ (referred to in this sub- section as the ‘‘special management area’’). (2) Purpose The purposes of the special management area are— (A) to preserve the natural character of Apache Leap; (B) to allow for traditional uses of the area by Native American people; and (C) to protect and conserve the cultural and archeological resources of the area. (3) Surrender of mining and extraction rights As a condition of the land exchange under subsection (c), Resolution Copper shall sur- render to the United States, without com- pensation, all rights held under the mining laws and any other law to commercially ex- tract minerals under Apache Leap. (4) Management (A) In general The Secretary shall manage the special management area in a manner that furthers the purposes described in paragraph (2). (B) Authorized activities The activities that are authorized in the special management area are— (i) installation of seismic monitoring equipment on the surface and subsurface to protect the resources located within the special management area; (ii) installation of fences, signs, or other measures necessary to protect the health and safety of the public; and (iii) operation of an underground tunnel and associated workings, as described in the Resolution mine plan of operations, subject to any terms and conditions the Secretary may reasonably require. (5) Plan (A) In general Not later than 3 years after December 19, 2014, the Secretary, in consultation with af- fected Indian tribes, the Town, Resolution Copper, and other interested members of the public, shall prepare a management plan for the Apache Leap Special Management Area. (B) Considerations In preparing the plan under subparagraph (A), the Secretary shall consider whether ad- ditional measures are necessary to— (i) protect the cultural, archaeological, or historical resources of Apache Leap, in- cluding permanent or seasonal closures of all or a portion of Apache Leap; and (ii) provide access for recreation. (6) Mining activities The provisions of this subsection shall not impose additional restrictions on mining ac- tivities carried out by Resolution Copper adja- cent to, or outside of, the Apache Leap area beyond those otherwise applicable to mining activities on privately owned land under Fed- eral, State, and local laws, rules and regula- tions. (h) Conveyances to Town of Superior, Arizona (1) Conveyances On request from the Town and subject to the provisions of this subsection, the Secretary shall convey to the Town the following: (A) Approximately 30 acres of land as de- picted on the map entitled ‘‘Southeast Ari- zona Land Exchange and Conservation Act of 2011–Federal Parcel–Fairview Cemetery’’ and dated March 2011. (B) The reversionary interest and any re- served mineral interest of the United States in the approximately 265 acres of land lo- cated in Pinal County, Arizona, as depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Reversionary Interest–Superior Airport’’ and dated March 2011. (C) The approximately 250 acres of land lo- cated in Pinal County, Arizona, as depicted on the map entitled ‘‘Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Parcel–Superior Airport Con- tiguous Parcels’’ and dated March 2011. (2) Payment The Town shall pay to the Secretary the market value for each parcel of land or inter- est in land acquired under this subsection, as determined by appraisals conducted in accord- ance with subsection (c)(4). (3) Sisk Act Any payment received by the Secretary from the Town under this subsection shall be deposited in the fund established under section 484a of this title and shall be made available to the Secretary for the acquisition of land or interests in land in Region 3 of the Forest Service. (4) Terms and conditions The conveyances under this subsection shall be subject to such terms and conditions as the Secretary may require. (i) Miscellaneous provisions (1) Revocation of orders; withdrawal (A) Revocation of orders Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the land. (B) Withdrawal On December 19, 2014, if the Federal land or any Federal interest in the non-Federal Page 1003 TITLE 16—CONSERVATION § 539q land to be exchanged under subsection (c) is not withdrawn or segregated from entry and appropriation under a public land law (in- cluding mining and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the land or interest shall be withdrawn, without further action required by the Secretary concerned, from entry and appropriation. The withdrawal shall be ter- minated— (i) on the date of consummation of the land exchange; or (ii) if Resolution Copper notifies the Sec- retary in writing that it has elected to withdraw from the land exchange pursuant to section 206(d) of the Federal Land Pol- icy and Management Act of 1976, as amend- ed (43 U.S.C. 1716(d)). (C) Rights of Resolution Copper Nothing in this section shall interfere with, limit, or otherwise impair, the unpatented mining claims or rights cur- rently held by Resolution Copper on the Fed- eral land, nor in any way change, diminish, qualify, or otherwise impact Resolution Cop- per’s rights and ability to conduct activities on the Federal land under such unpatented mining claims and the general mining laws of the United States, including the permit- ting or authorization of such activities. (2) Maps, estimates, and descriptions (A) Minor errors The Secretary concerned and Resolution Copper may correct, by mutual agreement, any minor errors in any map, acreage esti- mate, or description of any land conveyed or exchanged under this section. (B) Conflict If there is a conflict between a map, an acreage estimate, or a description of land in this section, the map shall control unless the Secretary concerned and Resolution Copper mutually agree otherwise. (C) Availability On December 19, 2014, the Secretary shall file and make available for public inspection in the Office of the Supervisor, Tonto Na- tional Forest, each map referred to in this section. (3) Public access in and around Oak Flat Campground As a condition of conveyance of the Federal land, Resolution Copper shall agree to provide access to the surface of the Oak Flat Camp- ground to members of the public, including In- dian tribes, to the maximum extent prac- ticable, consistent with health and safety re- quirements, until such time as the operation of the mine precludes continued public access for safety reasons, as determined by Resolu- tion Copper. (Pub. L. 113–291, div. B, title XXX, § 3003, Dec. 19, 2014, 128 Stat. 3732.) Editorial Notes REFERENCES IN TEXT Enactment of this Act, referred to in subsec. (c)(6)(A), means the enactment of Pub. L. 113–291, which was ap- proved Dec. 19, 2014. The National Environmental Policy Act of 1969, re- ferred to in subsec. (c)(9), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(B)(ii), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified prin- cipally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The Geothermal Steam Act of 1970, referred to in sub- sec. (i)(1)(B), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of Title 30, Mineral Lands and Mining. For com- plete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 30 and Ta- bles. CODIFICATION In subsec. (d)(2)(A)(iii), ‘‘sections 100506(c) and 200306 of title 54’’ substituted for ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–9) [sic]’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. § 539q. Hermosa Creek watershed protection (a) Definitions In this section: (1) City The term ‘‘City’’ means the city of Durango, Colorado. (2) County The term ‘‘County’’ means La Plata County, Colorado. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) Special Management Area The term ‘‘Special Management Area’’ means the Hermosa Creek Special Manage- ment Area designated by subsection (b)(1). (5) State The term ‘‘State’’ means the State of Colo- rado. (b) Designation of Hermosa Creek Special Man- agement Area (1) Designation Subject to valid existing rights, certain Fed- eral land in the San Juan National Forest comprising approximately 70,650 acres, as gen- erally depicted on the map entitled ‘‘Proposed Hermosa Creek Special Management Area and Proposed Hermosa Creek Wilderness Area’’ and dated November 12, 2014, is designated as the ‘‘Hermosa Creek Special Management Area’’. (2) Purpose The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the water- shed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, edu- cational, and scenic resources of the Special Management Area.