U.S. Transfers Sacred Oak Flat Site to Resolution Copper, Dealing Blow to Tribal Opponents

The land swap advances a massive mining project opposed by tribes and environmentalists, but supporters say it boosts domestic copper production.

Mar. 16, 2026 at 11:36pm

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The U.S. Forest Service has transferred ownership of the Oak Flat area in Arizona to Resolution Copper, a major setback for tribes and environmental groups who have fought to protect the site, which they consider sacred. The land swap was authorized by Congress in 2014 and will allow Resolution Copper to develop a massive copper mining project at the site, despite opposition from the San Carlos Apache Tribe and others. Supporters of the mine say it will boost domestic production of a critical mineral, but opponents argue it will destroy important cultural and environmental resources.

Why it matters

The transfer of Oak Flat to Resolution Copper is a significant development in a long-running dispute over the use of this land. The site holds an estimated $150 billion worth of copper, but its destruction would impact the religious and cultural practices of the San Carlos Apache and other tribes who have used the area for centuries. This land swap has been a contentious issue in Arizona for decades, pitting economic and national security interests against tribal sovereignty and environmental concerns.

The details

The land transfer came three days after a federal appeals court denied a request for an injunction from tribes and environmental groups seeking to block the project. Resolution Copper estimates that Oak Flat could yield up to 40 billion pounds of copper over 40 years. The land had been protected from mining for nearly 60 years under an order issued by President Dwight Eisenhower, but that changed in 2014 when the late Sen. John McCain slipped a provision into a defense bill allowing the federal government to swap the land to Resolution Copper. The company says the project has undergone extensive environmental review and consultation with tribes, though opponents argue the process has ignored their concerns.

  • The U.S. Forest Service transferred ownership of Oak Flat to Resolution Copper on Monday, March 16, 2026.
  • In 2014, the late Sen. John McCain included a provision in a defense bill allowing the federal government to swap the Oak Flat land to Resolution Copper.

The players

Resolution Copper

A mining company that is jointly owned by British-Australian mining giant Rio Tinto and BHP, also based in Australia. Rio Tinto's largest investor is the Aluminum Corporation of China, a state-owned entity.

San Carlos Apache Tribe

A Native American tribe that considers the Oak Flat area sacred and has fought to protect it from mining.

Center for Biological Diversity

An environmental advocacy group that is one of the plaintiffs in the lawsuit against the land transfer.

Jared Huffman

A Democratic Congressman from California who is the senior member of the House Committee on Natural Resources and has called the land transfer a "human rights violation, an environmental disaster in the making, and a multibillion-dollar giveaway to foreign mining companies."

Adelita Grijalva

A Democratic Congresswoman from Tucson, Arizona who introduced the "Save Oak Flat from Foreign Mining Act" to repeal the land swap provision.

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What they’re saying

“Completing this land exchange unlocks a major domestic source of copper, essential for defense, grid modernization, and next-generation energy.”

— Brooke Rollins, Agriculture Secretary

“This review has included extensive consultation and collaboration with numerous Native American tribes, local communities, civil society organizations, and a dozen federal, state, and county agencies. We are encouraged to see so much local support for the Resolution Copper project, and our ongoing dialogue will continue to shape the approach moving forward.”

— Vicky Peacey, President, Resolution Copper

“Oak Flat is not just a piece of land: it is a place of prayer, ceremony, and identity for the Apache people. This site should never have been traded away to foreign mining giants in a backroom deal that ignored Tribal sovereignty, shut the public out of the process, and will destroy vital environmental and critical water resources.”

— Adelita Grijalva, Congresswoman, Tucson, Arizona

What’s next

The opponents of the Oak Flat mine say they will continue to fight the project in court, though they acknowledge this land transfer is a major setback. They will have to wait and see if the mine ever becomes operational, as there are still years of legal battles and regulatory hurdles ahead.

The takeaway

The transfer of the Oak Flat site to Resolution Copper highlights the ongoing tension between economic development, environmental protection, and tribal sovereignty. While supporters argue the mine is crucial for domestic copper production and national security, opponents view it as a threat to sacred land and a violation of indigenous rights. This dispute is likely to continue playing out in the courts and Congress, with significant implications for the future of mining, energy, and land use in the American Southwest.