Supporters of land swap for controversial mine stress concessions in deal

E&E News
By Manuel Quinones
December 9, 2014

Supporters of a controversial land swap to facilitate development of a copper mine in Arizona included in a public lands package poised to pass both chambers of Congress are touting several concessions meant to appease critics.

Interior Secretary Sally Jewell over the weekend echoed those critics, saying she was "profoundly" disappointed that lawmakers were poised to approve the swap tucked within the National Defense Authorization Act for Rio Tinto PLC's Resolution Copper project near Superior, Ariz. (E&E Daily, Dec. 8).

The measure would give Resolution Copper control of more than 2,000 acres of federal land, including areas where mineral development is currently prohibited, in return for more than 5,000 acres of company land. The agreement was one of many public lands measures included in the NDAA bill, which passed the House last week and is expected to pass the Senate this week.

American Indians, particularly the San Carlos Apache Tribe, are helping lead the opposition to the copper mine language, along with some environmental groups and congressional Democrats.

San Carlos Apache Chairman Terry Rambler said last year that the swap would set a dangerous precedent "in transferring a known tribal sacred area located on federal land to a foreign-owned mining company for activities that will ultimately destroy the area while circumventing meaningful government-to-government consultation between the U.S. and Indian tribes."

But swap backers say opponents are not giving them enough credit for making key concessions on the structure of the deal. Unlike the original House and Senate bills, the version within the NDAA would make the swap contingent on National Environmental Policy Act review. Backers call the move unprecedented, giving at least some conservatives heartburn.

The legislation not only includes a prohibition on mining within 110-acres of an area called Apache Leap but also creates a management plan to protect cultural and archaeological resources.

Consultation with tribes would be compulsory under the deal, including to find ways of protecting cultural resources. Backers also included a section to provide public access to the Oak Flat Campground, unless mining below makes it unsafe.

"I've advocated for these changes because they help address the concerns of our tribal communities," said Arizona Democratic Rep. Ann Kirkpatrick in a statement, adding, "that's important to me."

Resolution Copper and bill developers say they consulted with groups, including the Nature Conservancy and nonprofit Sonoran Institute, on how to structure the swap.

"At the Sonoran Institute, we recognize that while mineral extraction operations are environmentally destructive, they also provide well-paying jobs to nearby communities and are necessary for the manufacture of goods," the group said last week to members of the Arizona delegation.

In reference to all the lands measures in NDAA, Nature Conservancy top lobbyist Kameran Onley said, "This package of bills will have conservation and economic benefits to communities around the nation. We hope it is enacted into law quickly."

Beyond land issues, Resolution Copper has also boasted backing from the U.S. Chamber of Commerce and studies showing the mine would create several thousand jobs. Critics have long questioned the project's positive economic impacts.

Permitting documents for the mine say it could operate for several decades, including reclamation, and produce roughly 165,000 tons of ore per day at full capacity.

The Arizona Republic called it a "Christmas gift" and a "smoking deal" in a glowing editorial last week. It gave lawmakers "kudos" for looking for compromise.

But land swap backers will likely never be able to convince the most ardent foes of the deal, including the San Carlos Apache, some environmental groups and Rep. Raúl Grijalva (D-Ariz.), who don't see the language as giving the administration enough power to halt the exchange.

Lauren Pagel, policy director for mining watchdog Earthworks, doesn't think the swap conditions make up for potential damage to Oak Flat, an area considered "sacred ground" by the Apache. She also called it a Christmas gift, but to the wrong recipient.

"In fact, each time a new version of this corporate giveaway appears, opposition among Native American tribes and local communities grows," she said. "The fastest-growing source of opposition comes from Republican members of the House whose districts serve Native American communities."

The House approved the legislation last week with 300 votes in favor and 119 against. The Senate is poised to consider the measure this week. Some land swap critics were hoping for lawmakers to strip the language from the NDAA, but it appears unlikely to happen.

Randi Spivak, the Center for Biological Diversity public lands director, said in a statement last night that Jewell and Agriculture Secretary Tom Vilsack, who is in charge of the Forest Service, should push President Obama to veto the bill.

"We're relying on them to ensure the Obama administration does everything it can to protect these places that are owned by all Americans, not just those exploiting them for profit," Spivack said.

Kirkpatrick said, "I'll continue working hard to bring people together in my district. I strongly believe this legislation is good for our local economy and working families. The project has strong support in the community."