Save Oak Flat from Foreign Mining Act
- Sponsor
- Rep. Grijalva, Adelita S. [D-AZ-7]
- Committees
- Natural Resources Committee (primary)
- Last action
- Dec 3, 2025
Bottom line
This bill aims to prevent a controversial foreign-owned copper mine at Oak Flat, citing environmental, cultural, and national security concerns related to foreign control of U.S. resources and the destruction of sacred Indigenous lands.
What it actually does
This bill repeals Section 3003 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, which mandates a land exchange allowing Resolution Copper, a foreign-owned mining company, to acquire federal land known as Oak Flat. Additionally, the bill permanently withdraws Oak Flat from all forms of mineral and geothermal leasing, entry, appropriation, or disposal under public land laws, effectively preventing any future resource extraction at the site.
Proponents argue
Supporters argue the bill is essential to protect Oak Flat, which is sacred ancestral land for American Indian tribes, from environmental devastation caused by a massive mining operation. They contend that the original land exchange was a flawed process benefiting foreign corporations, particularly those with significant ties to the People's Republic of China, thereby weakening U.S. national security by allowing foreign control over critical domestic copper resources primarily for export.
Opponents contend
Opponents, primarily Resolution Copper and its allies, would argue that the original land exchange was a legitimate, legally established process to access a vital domestic copper supply, crucial for renewable energy and other industries. They might contend that the project would create jobs, contribute significantly to the U.S. economy, and that concerns about foreign ownership or export are overstated or mischaracterize the project's overall benefits and its role in the global copper supply chain.
The bill is straightforward to read, allowing for quick understanding of its core purpose and the detailed arguments presented in its findings.
Section 4(a)
Repeal of Oak Flat Land Exchange Mandate
This provision eliminates Section 3003 of Public Law 113-291, also known as the Southeast Arizona Land Exchange Act. This repeal would halt the mandated transfer of approximately 2,422 acres of federal land known as Oak Flat from the Forest Service to Resolution Copper, a foreign-owned mining company. The original mandate required this transfer within 60 days of the publication of a Final Environmental Impact Statement, enabling the company to proceed with a large-scale copper mining operation beneath Oak Flat.
Supporters argue
Supporters argue this repeal is essential to correct a "closed-door, last-minute rider" that facilitated the transfer of sacred public lands to foreign corporations for export-oriented mining. They cite severe environmental, cultural, and national security concerns detailed in the bill's findings, emphasizing the need to protect U.S. resources and Indigenous heritage.
Critics contend
Opponents, primarily Resolution Copper and its allies, would argue that the original land exchange was a legally established agreement intended to unlock a significant domestic copper resource. They contend that its repeal would undermine established legal processes, deter future investment in critical mineral extraction, and potentially increase U.S. reliance on foreign copper sources.
Tradeoffs
This provision balances the protection of sacred cultural sites and environmental resources against the potential economic benefits, job creation, and domestic copper supply that a large-scale mining operation could provide, particularly in the context of critical mineral needs.
Section 4(b)
Permanent Withdrawal of Oak Flat from Mining and Other Resource Disposition
This provision permanently removes Oak Flat from eligibility for any form of public land entry, appropriation, or disposal under public land laws. Crucially, it specifically withdraws the area from location, entry, and patent under mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. This ensures that even if the land exchange mandate is repealed, the area cannot be used for resource extraction under any other existing legal framework, providing robust, long-term protection for the site.