The U.S. Forest Service on Thursday provided notice that it will publish a final environmental review and draft decision on a transfer of land that would clear the way for a massive copper mining project in Arizona that has been fiercely contested by Native Americans who consider the area sacred.
The federal agency was under court order to provide two months’ notice before reissuing the documents related to the transfer of the Tonto National Forest land — known as Oak Flat — to Resolution Copper.
Still pending is an appeal before the U.S. Supreme Court that was filed by a group known as Apache Stronghold, which represents the interests of certain members of the San Carlos Apache Tribe.
“This makes the stakes crystal clear: if the court doesn’t act now, Oak Flat could be transferred and destroyed before justice can be served,” said Luke Goodrich, an attorney representing the group.
Apache Stronghold sued the U.S. government in 2021 under the Religious Freedom Restoration Act to protect the place tribal members call Chi’chil Bildagoteel, an area dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion.
That same year an environmental impact survey for the project had been pulled back while the U.S. Department of Agriculture under the Biden administration consulted for months with tribes and others about their concerns.
In 2024, an appeals court panel refused to block the crucial land transfer for the mine. That prompted Apache Stronghold to file a petition with the Supreme Court.
Attorneys for the federal government noted in Thursday's filing that if the petition is still pending or has been granted within the 60-day period following the notice, they may reevaluate how to proceed.
President Donald Trump has signed numerous executive orders since taking office, all aimed at invigorating domestic energy and mineral production and fueling technological advancements. One of those orders specifically focused on copper mining.
Resolution Copper — a subsidiary of international mining giants Rio Tinto and BHP — has estimated that 40 billion pounds of copper could be mined over the lifetime of the mine and that the project will generate $1 billion annually for Arizona’s economy and create thousands of jobs.
Resolution Copper called Thursday's notice a positive step, saying there has been more than a decade of rigorous review and consultation with local communities and Native American tribes.
"Working together, we have created a plan that preserves the area’s cultural heritage and natural resources and enhances recreational opportunities while creating new economic opportunities that will put Arizona resources and workers at the center of the nation’s energy security and infrastructure needs, with a domestic supply of copper and other critical minerals,” Vicky Peacey, Resolution Copper general manager, said in a statement.
Aside from concerns over damage to cultural resources, environmentalists call the area a “biological gem” and say that mining in the area would lead to extreme degradation.
Peacey said the company is committed to an open dialogue to ensure the project is done responsibly and sustainably.
Susan Montoya Bryan, The Associated Press
