New Bill Permanently Blocks Arizona Land Transfer, Canceling Foreign-Owned Copper Mine Plan

This bill, the “Save Oak Flat from Foreign Mining Act,” is pretty straightforward: it immediately locks down approximately 2,422 acres of public land in Arizona, known as Oak Flat, and cancels a previously authorized land exchange that would have handed the property over to a foreign-owned mining company. Specifically, the bill withdraws Oak Flat from all forms of mineral entry and mining activity and explicitly repeals Section 3003 of the 2015 National Defense Authorization Act, which was the legal mechanism for transferring the land to Resolution Copper Mining, LLC (SEC. 1, SEC. 4).

The Land is Off-Limits: What This Means for Mining

By withdrawing Oak Flat from mineral entry, the bill ensures that no new mining claims can be staked, and the land cannot be sold or leased for resource extraction under public land laws. Think of it as putting a permanent "Keep Out" sign on the property for the mining industry. The bill also specifically prohibits the Secretary of Agriculture from ever transferring the land to Resolution Copper, which is a joint venture between two massive foreign mining companies, Rio Tinto and BHP (SEC. 1). The only exception here is for “valid existing rights,” meaning if someone already had a legally recognized claim before this bill became law, that claim might still exist, though the Secretary must manage it consistent with the overall withdrawal.

Why the Sudden Change of Heart?

The findings section of the bill lays out the case for why Congress is stepping in. The core argument is that the previous land transfer benefits foreign interests, not U.S. security or consumers. The bill notes that Resolution Copper is primarily owned by foreign entities, and its largest market is China, suggesting that the copper mined from U.S. public land would mostly be exported (SEC. 2). This isn't just about trade; the findings highlight major environmental and cultural risks. The proposed mine would create a two-mile-wide crater, consume over 250 billion gallons of groundwater—enough for 180,000 people annually—and require dumping 1.37 billion tons of toxic waste near the Gila River watershed (SEC. 2). For Arizona residents, this means protecting crucial water resources and avoiding land subsidence issues that the Arizona State Land Department warned could jeopardize future development and cost the state billions.

Protecting History and Water

For Native American communities, particularly the San Carlos Apache, this bill protects a sacred ancestral homeland that is listed on the National Register of Historic Places. The findings point out Rio Tinto’s history, including the destruction of the 46,000-year-old Juukan Gorge site in Australia, framing this as a necessary step to prevent a similar cultural tragedy in the U.S. (SEC. 2). For anyone living in the Southwest concerned about climate change and water scarcity, the protection of the groundwater supply—which would otherwise be used to support the mine's operations—is a major win. Essentially, this legislation prioritizes environmental stability and cultural preservation over a large-scale, foreign-controlled resource extraction project.