Oak Flat Is on the Clock: 60 Days from Being Lost
The U.S. Forest Service has published the Final Environmental Impact Statement (FEIS) for the proposed Resolution Copper mine at Oak Flat. This publication would trigger a 60-day countdown to transfer 2,422 acres of U.S. public land, including a sacred site of deep cultural and ecological significance, to a foreign-owned mining company.
However, a recent federal court ruling, which dismissed two motions to halt the transfer, stated that the transfer could not occur any sooner than 60 days after the government releases the environmental report, providing a two-month timeframe to file an amended lawsuit challenging the legality of the environmental report and to request an injunction that would delay the land exchange until a case is resolved.
If the publication of the FEIS proceeds without any legal challenges, Oak Flat could be immediately transferred to Resolution Copper on August 19, 2025.
This moment has been years in the making, and the implications of this land swap are staggering for Tribal sovereignty, water security, national security, and America’s self-reliance.
But how did we get here?
Oak Flat, located in the Tonto National Forest in southeastern Arizona, has been federally protected since the Eisenhower administration in the 1950s. It is listed on the National Register of Historic Places as a Traditional Cultural Property (TCP) due to its profound spiritual and ceremonial importance to the Apache and other Indigenous peoples.
For years, Resolution Copper sought to access the rich copper deposit beneath Oak Flat. But mining was banned on these public lands. So, the company turned to Congress. After years of failed attempts to pass a bill, the Southeast Arizona Land Exchange and Conservation Act was inserted into the 2015 National Defense Authorization Act—a must-pass bill —as a midnight rider. This legislative maneuver allowed the land swap to proceed without full debate or public scrutiny.
Now, Resolution Copper, a joint venture between BHP and Rio Tinto (whose largest investor is China’s state-owned Chinalco), plans to build the largest underground copper mine in North America, collapsing Oak Flat into a 1.8-mile-wide, 1,000-foot-deep crater.
There is a lot at stake.
For the San Carlos Apache, Oak Flat is not just land; it is a spiritual and cultural site. Since time immemorial, Indigenous peoples have conducted Sunrise ceremonies, gathered medicinal plants, prayed, and buried their ancestors on this land. Chi'chil Biłdagoteel, also known as Oak Flat, is believed to have been created by Usen, the Apache Creator, and is home to Ga’an, spiritual guardians central to Apache beliefs. For decades, the Apache people have been fighting this mine and defending religious freedom. On May 27, 2025, the U.S. Supreme Court rejected an appeal from the Apache Stronghold, which sought to halt the transfer of this holy site to Resolution Copper. This marked a significant setback for Tribal sovereignty, cultural preservation, and the protection of sacred public lands.
Beyond the religious and cultural significance of Oak Flat, this mine threatens vital water resources for Arizonans. Resolution Copper’s mine would use an estimated 250 billion gallons of water over 40 years, draining already stressed aquifers in a state grappling with a water crisis.
Unfortunately, this is not the first time a foreign company is draining Arizonan’s precious water. Fondomonte, a Saudi-owned company, was allowed to pump unlimited groundwater to grow alfalfa for export overseas until public backlash forced scrutiny and action from the state. Yet here we are again, on the verge of repeating the same mistake, sacrificing Arizona’s water for the benefit of a foreign corporation, this time with ties with China.
In addition, the mine would generate 1.37 billion tons of toxic mining waste, becoming one of the largest tailings storage facilities in the world. If this tailings dam fails and the water becomes contaminated, as has occurred at other BHP and Rio Tinto mines in various parts of the world, the consequences for people and ecosystems would be catastrophic.
Several studies have confirmed the risks of water depletion and water contamination. A technical report issued in 2022 by the Bureau of Land Management documented the tremendous and irreversible damage that this mining project could cause and exposed the severe issues, deficiencies in data analysis, and lack of adequate scientific evidence in the first Final Environmental Impact Statement (FEIS).
Resolution Copper has also claimed that the mine will create thousands of jobs and bring economic benefits. But the mine will operate 7,000 feet underground, where temperatures reach 170°F, making it impossible for human labor. The project will be highly automated, relying on remote technologies, which will result in few job opportunities for local Arizonans.
At a time when policymakers on both sides of the aisle are calling for greater domestic control of critical minerals, the transfer of Oak Flat to Resolution Copper is a concerning contradiction.
This land swap would give away 2,422 acres of U.S. public land and one of the nation's richest copper deposits to a private, foreign-owned mining company with ties to China. Americans will never receive royalties from the extraction of this copper, and there are no guarantees that the copper will remain in America. In fact, it is likely to be sent to China for processing, and we may end up buying back our own copper from a geopolitical rival.
This is clearly not just an Indigenous or a local issue. It's a national issue with far-reaching implications, and time is running out. We cannot afford to give away sacred land or drain Arizona’s precious water for the benefit of a foreign corporation. We cannot ignore the permanent destruction of irreplaceable cultural and natural resources.
The window to stop this mining project is closing fast. HECHO urges Congress and federal leaders to take swift and meaningful action to reverse the land exchange before it is too late and protect America's resources from foreign exploitation.