Arizona Copper Mine

/// From: Fonseca, Felicia Date: Tuesday, February 2, 2021 at 9:30 PM To: PHO - West Photo Editors , PHO - AP Headquarters Photo Desk Subject: Photos for AZ--Arizona Copper Mine Hi all, Here are some photos for a story moving overnight Tuesday into Wednesday with the slug Arizona Copper Mine. Story is below the captions. Photo 13: Naelyn Pike, who is Chiricahua Apache, leads a prayer outside the federal courthouse in Phoenix on Tuesday, Feb. 2, 2021. She’s part of the group, Apache Stronghold, that is asking a federal judge to keep the U.S. Forest Service from turning over a parcel of land that Apaches consider sacred to a copper mining company. (AP Photo/Cheyanne Mumphrey) Photo 18: Naelyn Pike, who is Chiricahua Apache, leads a prayer outside the federal courthouse in Phoenix on Tuesday, Feb. 2, 2021. She’s part of the group, Apache Stronghold, that is asking a federal judge to keep the U.S. Forest Service from turning over a parcel of land that Apaches consider sacred to a copper mining company. (AP Photo/Cheyanne Mumphrey) Photo 43: A group that has been fighting against a proposed copper mine in eastern Arizona prays outside the federal courthouse in Phoenix on Tuesday, Feb. 2, 2021. The group is asking a federal judge to keep the U.S. Forest Service from turning over a parcel of land that Apaches consider sacred to a copper mining company. (AP Photo/Cheyanne Mumphrey) Photo 46: Former San Carlos Apache Chairman Wendsler Nosie Sr., talks to a group gathered outside the federal courthouse in Phoenix on Tuesday, Feb. 2, 2021. Nosie leads Apache Stronghold, a group that’s asking a federal judge to keep the U.S. Forest Service from turning over a parcel of land it considers sacred to a copper mining company. (AP Photo/Cheyanne Mumphrey) Photo 55: This photo taken Tuesday, Feb. 2, 2021 shows the federal courthouse in Phoenix. A federal judge is set to hear arguments from a group of Apaches that wants to keep the U.S. Forest Service from turning over a parcel of land it considers sacred to a copper mining company. (AP Photo/Cheyanne Mumphrey) ITEMID: 9acf7a87127757b11a080217561db1f1 SLUG: US--Arizona Copper Mine BYLINE: By FELICIA FONSECA BYTITLE: Associated Press DATELINE: FLAGSTAFF, Ariz. EDSNOTE: HEADLINE: Apaches' fight over Arizona copper mine goes before US court SUMMARY: A federal judge will hear arguments Wednesday from a group of Apaches that has been fighting a proposed copper mine in eastern Arizona. Apache Stronghold recently sued the U.S. Forest Service to try to stop the agency from turning over a parcel of land to Resolution Copper. The group is seeking an injunction until a judge ultimately can determine who has rights to that land and whether mining would infringe on Apaches' religious practices. The Forest Service says it's doing what was mandated by Congress. The agency also contends the group doesn't have standing to assert its claims because it's not a federally recognized tribe. BODY: FOR MOVEMENT OVERNIGHT TUESDAY INTO WEDNESDAY. HEARING IS AT 9 a.m. Mountain time WEDNESDAY A federal judge will hear arguments Wednesday from a group of Apaches that has been fighting a proposed copper mine in eastern Arizona. Apache Stronghold recently sued the U.S. Forest Service to try to stop the agency from turning over a parcel of land to Resolution Copper, a joint venture of global mining companies Rio Tinto and BHP. The group is seeking an injunction until a judge ultimately can determine who has rights to that land and whether mining would infringe on Apaches' religious practices. The Forest Service says it's doing what Congress mandated. Here is an overview of the case: ___ THE LAND SWAP Stand-alone legislation in Congress for the land exchange failed for several years. In December 2014, the late U.S. Sen. John McCain and former U.S. Sen. Jeff Flake of Arizona slipped the exchange into a must-pass defense bill. 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. The clock is ticking for the land exchange. The provision caught environmentalists and tribes off guard. The area known as Oak Flat had been federally protected from mining because of its cultural and natural value for decades. Since then, they've supported legislation to reverse the land exchange. Democratic U.S. Rep. Raul Grijalva of Arizona has been a major supporter. ___ OTHER LAWSUITS The Apache Stronghold lawsuit is one of three filed over the copper mine, some of which have overlapping arguments. The San Carlos Apache Tribe, and a coalition of environmentalists, tribes and the Arizona Mining Reform Coalition also sued the U.S. Forest Service. 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. The U.S. Forest Service has declined to comment on the lawsuits. In court documents, the agency said it doesn't question the sincerity of the religious and historical connection that Apaches have to the land known as Oak Flat. “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. ___ OAK FLAT Apaches call the mountainous area Chi’chil Bildagoteel. It has ancient oak groves, traditional plants and living beings that tribal members say are essential to their religion and culture. Those things exist in other places, but Apache Stronghold says they have unique power within Oak Flat. The site is also popular for camping, hiking and rock climbing. Resolution Copper says it will keep the campground open to the public as long as it's safe but eventually the area would be swallowed by the mine. Apaches have camped out there in protest. Former San Carlos Apache Chairman Wendsler Nosie Sr., who leads Apache Stronghold, also moved to the site. The Society for American Archaeology has said the area is of great significance archaeologically within the U.S. Southwest. ___ WHO “OWNS” THE LAND? Apache Stronghold contends the land belongs to Western Apaches under an 1852 treaty with the United States. John Welch, a professor and anthropologist who has worked extensively with Apache tribes, says he hasn't found any evidence that would suggest otherwise. 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. Senate, said Karl Jacoby, a Columbia University history professor who has written about the treaty and isn’t connected to the lawsuit. The treaty was meant as a peace accord at a time the U.S. was acquiring territory from Mexico. It suggests that Apaches have a right to their territory but it doesn't spell out that territory, Jacoby 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. You have to honor it, it’s in your constitution,’ which is the supreme law of the land,” he said. Attorneys for the Forest Service said Apache Stronghold can't assert ownership rights because it's not a federally recognized tribe. Even then, the land isn't held in trust for any Apache tribe. Land that includes Oak Flat became part of the United States through the Treaty of Guadalupe Hidalgo in 1848. “The United States has never alienated title to the lands at issue in this suit,” attorneys for the Forest Service said. ___ PUBLISH SETTINGS: URGENCY: Routine PLATFORM: Print,Online AUDIENCE: Arizona,Datastream CATEGORY: General news,Environment and nature CONTENT TYPE: Spot Development NAMED ITEM: SOURCE: AP LANGUAGE: en-us Felicia Fonseca Northern Arizona correspondent Office: (928) 213-5740 Cell: (928) 614-9689 http://www.twitter.com/FonsecaAP