08.19.25

Ranking Member Huffman Statement on Federal Appeals Court Decision to Halt Oak Flat Land Transfer

Washington, D.C. – Today, U.S. House Natural Resources Committee Ranking Member Jared Huffman (D-Calif.) released the following statement: 
“The 9th Circuit Court of Appeal’s decision to pause the transfer of sacred Oak Flat to Resolution Copper is a victory for tribes, the environment, and everyone in this country who has the right for their voices to be heard.  And we have the San Carlos Apache Tribe, the Inter-Tribal Association of Arizona and the Arizona Mining Reform Coalition, and the many others suing to protect sacred practices that can only take place on Oak Flat to thank for their bravery and determination in fighting back. 
"If this transfer moves forward, the Chinese-backed mining company Rio Tinto will permanently destroy this holy site before the courts issue any decisions. We cannot allow foreign adversaries to despoil and plunder American lands with impunity and without due process, especially ones so sacred to our Indigenous brothers and sisters. The plaintiffs deserve to have their cases heard before Resolution Copper causes irreparable harm to Oak Flat – not after.” 

Background 

On August 18, 2025, the 9th Circuit Court of Appeals issued an emergency injunction pausing the land transfer of Oak Flat to Resolution Copper until the court decides the cases on their merits. 
Oak Flat, or Chí’chil Bildagoteel, has deep cultural and religious significance to nine tribal nations in Arizona, including the San Carlos Apache Tribe. 
 
In December 2014, a non-germane midnight rider was inserted into the must-pass National Defense Authorization Act (NDAA) that mandated the public land transfer of the Oak Flat area to Resolution Copper. Oak Flat is located in the Tonto National Forest and listed on the National Register of Historic Places as a Traditional Cultural Property. 
On April 17, 2025, the Trump administration published their notice of intent to issue the final environmental impact statement (FEIS) for Resolution Copper?in 60 days, i.e.?on June 16, 2025. The 2014 NDAA language says the land transfer must happen within 60 days of the publication of the FEIS, but the transfer could happen immediately after the FEIS is published. 
Resolution Copper is just the latest example of a reckless foreign-backed mining project that disrespects tribal sovereignty and threatens our public lands with no guaranteed benefit to the American people. The mine is owned by multinational, multi-billion-dollar mining giants Rio Tinto and BHP. Rio Tinto’s largest shareholder is a Chinese state-owned company and the Rio Tinto has a long, disturbing history of human rights violations around the world. Resolution Copper has never guaranteed any of the copper mined from Oak Flat will stay in the United States and have no plans to build smelting or refining capacity for the copper they mine. Instead, they appear to be making plans to ship the unrefined copper to China. 
Four different legal challenges to the land transfer and Resolution Copper mine are currently working their way through the courts. The San Carlos Apache Tribe, and a coalition including the Arizona Mining Reform Coalition with the Inter-Tribal Association of Arizona have asked the Arizona District Court to pause the land transfer while their challenges to the land transfer are considered; plaintiffs in a separate religious freedom case transferred to the Arizona District Court have also requested an injunction until their case is heard. 

 
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