The U.S. Forest Service officially transferred more than 2,400 acres of the Tonto National Forest — including the sacred site known as Oak Flat (Chi’chil Biłdagoteel) — to Resolution Copper on Monday, March 16, 2026. The land swap clears the way for what could become one of the largest copper mines in North America, jointly owned by mining giants Rio Tinto (55%) and BHP (45%).
Wisdom Imbibe Insight:
The Oak Flat decision exposes a defining conflict of the modern era: resource security versus cultural preservation. As nations race for critical minerals to power clean energy and defense, Indigenous lands often sit at the center of extraction. The real question isn’t just economic value—it’s whether progress can exist without erasing heritage and sacred identity.
The transfer occurred just three days after the 9th U.S. Circuit Court of Appeals denied an emergency injunction sought by tribal nations and environmental groups. Acting Forest Supervisor Ericka Luna signed the Record of Decision the same day, formally completing a process authorized by Congress more than a decade ago.
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Background: A 12-Year Political and Legal Battle
- 2014: Congress approved the land exchange as part of the National Defense Authorization Act, heavily supported by the late Sen. John McCain. In return for Oak Flat, Resolution Copper agreed to convey more than 5,400 acres of private land elsewhere in Arizona to the federal government.
- 2021: The Biden administration rescinded the initial environmental impact statement for further review.
- April 2025: The Trump administration revived the project.
- June 2025: The Forest Service released the final environmental impact statement.
- August 2025: The 9th Circuit issued a temporary injunction blocking the transfer.
- March 2026: The appeals court lifted the block, allowing the transfer to proceed.
Why the Project Is Moving Forward Now
The U.S. government and Resolution Copper argue the mine is strategically vital:
- The deposit is estimated to contain up to 40 billion pounds of copper over a projected 40-year lifespan.
- It could eventually supply roughly 25% of total U.S. copper demand.
- Copper is critical for national defense, electric vehicle batteries, renewable energy infrastructure, power grid modernization, and data centers.
Agriculture Secretary Brooke Rollins stated that completing the exchange “unlocks a major domestic source of copper, essential for defense, grid modernization, and next-generation energy.”
Why Tribes and Environmental Groups Are Furious
Oak Flat has been a sacred site for the San Carlos Apache Tribe and other regional tribes for centuries. It is used for religious ceremonies, coming-of-age rituals, and gathering medicinal plants. The proposed block-cave mining technique would eventually cause the surface above the ore body to collapse, creating a crater up to two miles wide and 1,000 feet deep — permanently destroying the site.
Opponents, including the Center for Biological Diversity, Apache Stronghold, and several tribes, call the transfer a desecration of religious freedom and a violation of treaty obligations and environmental law. Russ McSpadden of the Center for Biological Diversity said Monday:
“It’s devastating because the land has transferred… but it’s not the end of the road.”
Legal challenges continue. Opponents filed an emergency application with the U.S. Supreme Court on Monday seeking to stay the transfer, and underlying lawsuits remain in early stages.
What Happens Next
Resolution Copper says it will begin exploratory drilling soon. Full-scale mining and the eventual surface collapse are still years away, giving opponents time to pursue further court action.
The Oak Flat transfer represents one of the most contentious land-use decisions in recent U.S. history — pitting critical mineral needs for the green energy transition and national security against the protection of Indigenous sacred sites. While the physical transfer is now complete, the legal and political fight is far from over.
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