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Here’s what happens when National Forest land is not specially protected – it can be traded off to a mining company and substantially altered from its natural state. The Environmental Impact Study is underway now; faith groups weighed in.

In 2014, Congress approved a National Defense Authorization Act that included a provision that couldn’t pass congressional processes on its own. This is not an unusual occurrence; members of Congress often try to attach small, specific bills to the “coattails” of a “must pass” bill, such as a bill on National Defense.

This provision, however, had been defeated in the House four times. It had been withdrawn from consideration on the floor of the House because it did not have the votes to pass. The provision allowed the transfer of a portion of the Tonto Forest in Arizona known as Oak Flat to a copper mining company, over the strong objection of every tribe in Arizona and a number of national allies.

Oak Flat encompasses traditional sacred sites honored by five tribes in the area, in particular by the San Carlos Apache, who have led the opposition to injuring the mountain where their spirits live. In addition to the fundamental objections of the tribes, environmental groups have objected to the damage to the site, where Resolution Copper (the purchaser) plans to remove ore from 5,000 to 7,000 feet below the surface. Water is also a major concern in Southern Arizona; local residents have demanded to know the impact on water usage and water pollution, as this scarce commodity flows into and out of the copper mining operation.

The Forest Service has been engaged in an Environmental Impact Study to gather information and comments on these and other issues that the exchange with Resolution Copper entails. The Forest Service’s notice in the Federal Register presents a thorough history of the decision process so far and the issues it raises. Several faith-based organizations participated in the comment process. One set of comments, led by the Religion and Human Rights Forum for the Preservation of Native American Sacred Sites and Rights and joined by the FCNL and six other faith-based organizations, is available here.

The Forest Service has few options, because the NDAA directed that the exchange will occur, and once it does occur, the mining will be taking place on private land. However, the Forest Service is reviewing the impact of roads, pipelines, water and power usage that extend beyond the privately owned land and affect forest land and surrounding residents and towns. The comment period closed on July 17 (after an extension from the original announcement.) The Forest Service must now prepare its report.

Ruth Flower

Ruth Flower

Annual Meeting 2018 Keynote Speaker, Consultant, Native American Policy

Ruth’s work with FCNL began in 1981, when she joined the staff to lobby on domestic issues. After a decade with the American Association of University Professors, she rejoined the staff in 2006 to lead FCNL’s domestic lobbying team.