Issue – Native Religions

In the 1990s, a large copper deposit was discovered underneath Oak Flat. Resolution Copper, a subsidiary of the international Rio Tinto mining company, wanted to start mining it, but they couldn’t because of the protections laid out by the Eisenhower administration (all of which had to do with the environmental assets of the land, not the cultural significance to the Apache people).

In 2015 the National Defense Funding Authorization Act was up for reauthorization. This was a must-pass piece of legislation into which Senator John McCain (R-AZ) attached a last-minute rider, Section 3003, giving Resolution Copper 2,422 acres of Tonto National Forest in exchange for 5,376 acres of land privately owned by the mining company.”¹ Riders are amendments or passages of text that are added to large bills, having little to do with the original bill’s purpose. Usually, these passages are added to pass laws and restrictions that would likely not pass if the section in question were voted upon. When Congress passed and implemented the law, this rider granted Resolution Copper the land it needed to start the mining, pending several actions.

Senator John McCain, seen here shaking hands with Resolution Copper workers, slipped a passage into the 2014 National Defense Funding Authorization Act that transferred over 2,400 acres of public lands to private mining companies. (Photo: Resolution Copper)

The main thing that needs to happen before Resolution becomes the full owner of the Oak Flat area is the completion of an Environmental Impact Statement by the Secretary of the Interior.² At the time of writing, there is only a draft EIS, which means that Resolution is not authorized to start mining. They are currently doing preparation projects and awaiting finalization of the EIS. Once it is completed, the land title will be transferred to Resolution within 60 days.

Section 3003 also states that the Secretary of the Interior should engage in “government-to-government consultation with affected Indian tribes” and “seek to find mutually acceptable measures to minimize the adverse effects on the affected Indian tribes.”³

In reality, though, those are just formality clauses. The rider grants the land exchange regardless of the results of consultation or the findings of the EIS. They just need to exist. The exchange will have already occurred when Resolution consults with affected tribes and the Forest Service conducts an EIS. The San Carlos Apache argue that this undermines the consultation and limits the EIS to dealing only with permitting for activities like waste disposal and water use and not mining itself.

In addition to the rich Apache culture that Oak Flat hosts, the natural landscape is diverse and fragile. Banana yucca and bear grass grow between quick-flowing natural springs and stands of scrubby Emory Oak. Each spring the endangered western yellow-billed cuckoo and south western flycatcher shelter in the area. (Photo: Elias Butler)

By transferring the land to private ownership, Congress’ exchange created a loophole for mining. Administrative land exchanges must abide by certain procedures such as the National Environmental Protection Act and the Federal Land Policy and Management Act, which requires that the exchange serve the public interest. However, because Oak Flat was exchanged legislatively, it was not required to comply with the above procedures.

The findings of the draft EIS, published in 2019, predict a dismal future for Oak Flat. Resolution’s proposal includes:

Removing 1.4 billion tons of ore and 40 billion pounds of copper.
The creation of a crater 800 to 1,115 ft deep and 1.8 miles across because of so much land removal.
Construction of a 22-mile-long pipeline to transport the processed material as slurry, using trillions of gallons of water.
Creation of a storage facility for toxic materials on Forest Service land⁴

Between 14 and 16 groundwater-dependent ecosystems, mostly sacred springs, would be impacted as the mining is expected to significantly lower the local water table. Six springs are already impacted by the exploratory drilling Resolution is currently conducting. Additionally, seepage from the tailings that would contaminate nearby creeks.

According to the 2019 EIS, “between 10,000 and 17,500 acres of soil and vegetation would be disturbed by the project.” It also notes, “Impacts to soil health and productivity may last centuries to millennia, and the ecosystem may not meet desired future conditions” and “rare plants and wildlife with specific habitat requirements are unlikely to return.”⁵

“What I pray for in a miracle is that people in America wake up and stop this.”
San Carlos Apache elder Wendsler Nosie, in The Fight for Oak Flat

This video, produced by the Sierra Club, details the struggle of the San Carlos Apache people to hold onto their spiritual grounds.

Oak Flat, unlike nearby Apache Leap, is not an officially recognized sacred site. Apache Leap was explicitly addressed and protected in the original land exchange, although there is concern today that it could be affected by the subsidence. Critics argue that the Forest Service had closed the campground twice before 2014 to allow for ceremonial purposes, demonstrating its religious value.

Section 3.14 of the EIS covers “Tribal Values and Concerns.” It is a brief section that primarily focuses on mitigating the loss of Emory Oak Groves and archaeological sites rather than the loss of San Carlos Apache culture, but does come to the conclusion that “Development of the Resolution Copper Mine would directly and permanently damage the NRHP-listed Chí’chil Biłdagoteel Historic District.”⁶