Apaches object to review of big copper mine
FLAGSTAFF, Ariz. (AP) — The US Forest Service released an environmental review Friday that paves the way for the creation of one of the largest copper mines in the United States, against the wishes of a group of Apaches who have been trying for years to stop the project.
The Forest Service now has 60 days to turn over a tract of land in Tonto National Forest east of Phoenix to Resolution Copper Mining, a joint venture of the international mining companies Rio Tinto and BHP.
Environmentalists contend the Forest Service was pressured to push the review over the finish line before President Donald Trump leaves office, complicating their efforts to reverse the land swap.
The Forest Service said that’s not true, while the mining company contends the publication already was delayed by months.
The mountainous land near Superior, Arizona, is known as Oak Flat or Chi’chil Bildagoteel. It’s where Apaches have harvested medicinal plants, held coming-of-age ceremonies and gathered acorns for generations. An area where dozens of warriors leapt to their deaths from a ridge adjacent to the proposed copper mine, rather than surrender to US forces during westward expansion, is protected as a special management area.
A judge late Thursday denied a request from Apache Stronghold, a group led by former San Carlos Apache Chairman Wendsler Nosie
Sr., to halt the publication until a larger question over who legally owns the land is settled.
US District Court Judge Steven Logan in Phoenix said he recognized “the anxiety that having one’s sacred land taken from them and used for purposes that run counter to their spiritual beliefs, might cause.”
But Logan said the Forest Service and other defendants also have a right to respond to the allegations, and he saw no proof they had been served. He set a Jan. 27 hearing.
Nosie’s group alleged violations of religious freedom and constitutional rights in the federal lawsuit filed this week. It also contends the Forest Service legally can’t transfer the land because it belongs to Apaches under
an 1852 treaty.
Nosie said he’s hopeful the court or politicians will take action to preserve the area as it is.
“I think with a new Congress, new administration, they will be able to take a new look at it based on the Constitution, our religion and based on the consequences of having this mine that’s looking to devastate and destroy this area forever,” Nosie told The Associated Press.
The land swap was approved in December 2014, quietly tucked into a must-pass defense bill. The late Republican US Sen. John McCain, a major recipient of Rio Tinto campaign contributions, backed it. Before that, stand-alone bills never gained Congress’ approval.
Arizona Gov. Doug Ducey on Friday said the mine will ensure a reliable supply of up to 1 billion pounds of copper annually. “Arizona has a long history of responsible mining, showing that we can have a robust mining sector while protecting our environment and cultural history,” he said in a statement.
Resolution Copper is set to receive 3.75 square miles (9.71 square kilometers) of Forest Service land in exchange for eight parcels the company owns elsewhere in Arizona.
US Rep. Raul Grijalva of Arizona and Sen. Bernie Sanders of Vermont, both Democrats, tried unsuccessfully to reverse the land swap. Grijalva said this week that it remains one of his top priorities.