Tribe objecting to federal review of huge copper mine

FLAGSTAFF, Ariz. — The U.S. 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 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.

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 mine, rather than surrender to U.S. 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 to halt the publication until a larger question over who legally owns the land is settled.

U.S. 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 last 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 hopes the court or politicians will take action.

“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 said.

The land swap was approved in December 2014, tucked into a must-pass defense bill. The late Republican U.S. Sen. John McCain, a major recipient of Rio Tinto campaign contributions, backed it. Before that, standalone bills never gained Congress’ approval.

Arizona Gov. Doug Ducey said the mine will ensure a supply of up to 1 billion pounds of copper annually. Resolution Copper said it has spent about $2 billion so far to gain access to the mine and conduct studies. The mine is not expected to be operational for at least 15 years.