Land that includes Oak Flat within the Tonto National Forest became part of the United States through the Treaty of Guadalupe Hidalgo in 1848. Even then, the land isn’t held in trust for any tribe. Department of Justice Attorney representing the Forest Service, said Apache Stronghold can’t assert ownership rights because it’s not a federally recognized tribe. You have to honor it, it’s in your constitution,’ which is the supreme law of the land,” he said. “What’s been happening recently is Native people have been dusting off these treaties, and saying, ‘Look, you made this treaty, you can’t just walk away from it. It suggests that Apaches have a right to their territory, but it doesn’t spell out that territory, Jacoby said. The treaty was meant as a peace accord at a time the U.S. Senate, said Karl Jacoby, a Columbia University history professor who has written about the treaty and isn’t connected to the lawsuit. The so-called Treaty of Santa Fe was one of a handful of treaties negotiated with a broad group of Apaches, and the only one ratified by the U.S. He says he hasn’t found any evidence to suggest otherwise, including from a federal commission set up in the 1940s to settle tribal land claims. John Welch, a professor and anthropologist, has worked extensively with Apache tribes. Southwest.Īpache Stronghold contends the land belongs to Western Apaches under an 1852 treaty with the United States. The Society for American Archaeology has said the area is of great significance archaeologically within the U.S. Nosie, a former San Carlos Apache chairman, moved to the site in late 2019. But eventually the area would be swallowed by the mine.Īpaches have camped out there in protest. Resolution Copper says it will keep the campground open to the public as long as it’s safe. The site also is popular for camping, hiking and rock climbing. “Without the spirit, then there’s nothing at all,” she said in Wednesday’s hearing. It’s where Pike had her coming-of-age ceremony and a place she likened to a corridor where Apaches speak to the creator and other deities, part of a religion intertwined with the land. Those things exist elsewhere, but Apache Stronghold says they have unique power within Oak Flat. It has ancient oak groves, traditional plants and living beings that tribal members say are essential to their religion and culture. “Congress has decided this land exchange should go forward, and any construction, mining or ground disturbance at the site is not imminent,” attorneys for the agency wrote.Īpaches call the mountainous area Chi’chil Bildagoteel. In court documents, the agency said it doesn’t question the sincerity of the religious and historical connection that Apaches have to Oak Flat. Forest Service has declined to comment on the lawsuits. The lawsuits raise concerns over federal laws regarding historic preservation, the environment, religious freedom, constitutional rights and a decades-old agreement between Apaches and the United States. Resolution Copper, which has said the mine could have a $61 billion impact over the project’s expected 60 years and employ up to 1,500 people, intervened in the San Carlos Apache case. The San Carlos Apache Tribe, and a coalition of environmentalists, tribes and the Arizona Mining Reform Coalition, also sued the U.S. The Apache Stronghold lawsuit is one of three filed over the copper mine, some of which have overlapping arguments. Republican legislators have touted the economic benefits the mine could bring. Raul Grijalva of Arizona has been a major supporter. Since then, they have supported legislation to reverse the land exchange. The area known as Oak Flat had been federally protected from mining because of its cultural and natural value for decades. The provision caught environmentalists and tribes off guard. The clock is ticking for the land exchange. The provision required an environmental impact statement before Resolution Copper would exchange eight parcels it owns in Arizona for 3.75 square miles (9.71 square kilometers) of land in the Tonto National Forest. Jeff Flake of Arizona slipped the exchange into a must-pass defense bill. Stand-alone legislation in Congress for the land exchange failed for several years.
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