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A lawyer for the Biden administration signaled that Oak Flat, a 2,400-acre area in Arizona with significance to several Tribal Nations including the San Carlos Apache Tribe, is likely to be developed into one of the nation’s largest copper mines. Legislation to save the landscape has languished in Congress since 2015, prolonging a battle between a coalition of Tribes and environmentalists, and the U.S. government and Rio Tinto, the world’s second-largest metals and mining corporation.
With help from mining giant BHP, Rio Tinto plans to develop the Resolution Copper mine in the Tonto National Forest, which would require the complete destruction of Oak Flat in order to extract an estimated 40 billion pounds of copper. Oak Flat includes a vast grove of Emory oaks sacred to the Apache people, who use the area to pray and hold ceremonies.
Apache Stronghold, a nonprofit organization authorized by the San Carlos Apache Tribe to protect Oak Flat, sued the Forest Service in 2021, arguing that an 1852 treaty did not identify the federal government as the owner of Oak Flat. Apache Stronghold lost the case, appealed to the 9th Circuit, and lost the appeal on a 2-1 decision. Last fall, in a rare turn of events, the 9th Circuit decided to revisit the case before a larger slate of judges.
The court has not yet made a ruling, but the Forest Service is not waiting to publish a new environmental impact statement for the mine, which would set in motion the required transfer of Oak Flat to private ownership within 60 days of the issuance. The new statement is expected to be released as early as this spring.
White House announces new conservation, climate funding
In addition to protecting over half a million acres of public land by designating two new national monuments, President Joe Biden recently announced a number of new funding initiatives for conservation and climate action. These initiatives include a $350 million wildlife crossing pilot program, $56 million to support conservation and stewardship efforts for imperiled wildlife, $200 million in wildfire risk mitigation, $80 million to expand outdoor access and preserve green space around military installations, and $100 million to support Tribal conservation efforts.
Read the Center for Western Priorities’ latest Westwise blog for a more comprehensive analysis of these programs, as well as other key announcements from the Conservation in Action Summit.
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Our land is holy. It may not have walls and a steeple, but this is my religion and my belief.”
