Save Oak Flat from Foreign Mining Act

Bill Number: H.R. 6391
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Public Lands and Natural Resources
Status: Introduced
Latest Action: 2025-12-03: Referred to the House Committee on Natural Resources.
Last Updated: 2026-04-17T17:37:01Z

AI-Generated Summary

Purpose of the Legislation

The "Save Oak Flat from Foreign Mining Act" (H.R. 6391) aims to protect a specific area of public land in Arizona, known as Oak Flat, from being transferred to a foreign-owned mining company. It seeks to prevent large-scale copper mining that could harm the environment, cultural sites, water resources, and U.S. national security interests, particularly due to potential exports benefiting foreign entities like China.

Key Provisions

Findings Section: Outlines 17 detailed reasons for the bill, including:
Ownership and operations of Resolution Copper Mining, LLC (a joint venture of Rio Tinto, 55% owned, and BHP, 45% owned), with significant ties to China through Rio Tinto's largest shareholder (Chinalco, fully owned by China).
Concerns over exporting U.S. copper to China, which already receives over 30% of U.S. copper production and generates major revenue for these companies.
Historical context: The land exchange was added as a last-minute provision in a 2014 defense bill (National Defense Authorization Act for Fiscal Year 2015) despite opposition.
Environmental and cultural risks: Mining would create a massive crater, consume billions of gallons of groundwater (enough for 180,000 people over 40 years), cause land subsidence (sinking) up to 4 feet, and contaminate water sources in a drought-prone area.
Cultural significance: Oak Flat is an ancestral homeland for Native American tribes, forcibly taken in the 1880s, and listed as a historic cultural property.
Company record: Highlights Rio Tinto's past environmental and human rights issues, such as destroying sacred Indigenous sites in Australia.
Definitions:
"Oak Flat": Approximately 2,422 acres of U.S. Forest Service land in the Tonto National Forest, southeastern Arizona.
"Resolution Copper": The mining company formed by Rio Tinto and BHP to acquire and mine Oak Flat.
Repeal: Completely removes Section 3003 of Public Law 113-291 (the Southeast Arizona Land Exchange Act), which required the Forest Service to transfer Oak Flat to Resolution Copper within 60 days of completing an environmental review, allowing mining without mandates for U.S.-based processing or benefits.
Withdrawal of Land: Permanently removes Oak Flat from:
Public land laws allowing entry, sale, or disposal.
Mining laws for claims, entry, or patents (legal ownership grants).
Laws for mineral or geothermal leasing or material sales.

This withdrawal respects any pre-existing legal rights but blocks future mining or development.

Significant Changes to Existing Law

Reversal of 2014 Provision: Eliminates the mandatory land exchange in the 2014 defense bill, which bypassed standard processes and required quick transfer post-environmental review. This change halts the giveaway of public land without conditions for domestic use or benefits.
Permanent Protection: Introduces a new federal withdrawal of the land, stronger than prior protections, preventing all forms of mining and resource extraction under current U.S. laws. Previously, the land was set for exchange; now, it remains under Forest Service control indefinitely.

Potential Impacts

On Government Agencies: The U.S. Forest Service regains full control over Oak Flat, avoiding forced land transfer and reducing administrative burdens from mining approvals. It may face fewer legal challenges from environmental or tribal groups but could encounter disputes from mining interests.
On Citizens: Protects local communities in Arizona from severe water shortages, land subsidence (which could damage infrastructure and housing), and contamination in the East Salt River Valley and Gila River watershed. Arizona State Trust Lands benefit by avoiding billions in lost revenue from development risks, supporting public education and services. Native American tribes preserve sacred sites, avoiding cultural destruction similar to past incidents.
On International Relations: Limits foreign (Australian and Chinese-linked) companies' access to U.S. resources, potentially straining trade ties with China by curbing its influence over global copper supply chains. It signals U.S. prioritization of national security over foreign profits, amid concerns of economic vulnerabilities from Chinese actions.

Main Stakeholders Affected

Native American Tribes: Primary beneficiaries, as Oak Flat is their ancestral land and a protected historic site; mining would cause irreversible cultural loss.
Resolution Copper, Rio Tinto, and BHP: Adversely affected; their multi-billion-dollar mining project is blocked, impacting shareholder profits and operations.
Chinese Entities (e.g., Chinalco): Indirectly hit, as they lose potential control over U.S. copper exports, reducing leverage in global markets.
U.S. Government Agencies: Forest Service and U.S. Geological Survey gain reinforced land management roles; Department of Commerce may see shifts in mineral export data.
Local Arizona Residents and Economy: Farmers, residents, and developers in the Phoenix area avoid water depletion and subsidence risks; state education funding is safeguarded.
Environmental Groups: Supported, as the bill prevents massive ecological damage in a drought-stricken region.

Notable Legal, Constitutional, or Political Implications

Legal: The repeal invalidates a prior congressional mandate, potentially inviting lawsuits from Resolution Copper over lost investments or property rights. The withdrawal strengthens federal land management under laws like the Federal Land Policy and Management Act (which allows such protections), but it must respect "valid existing rights" to avoid takings claims under the Fifth Amendment (which protects against government seizure of property without compensation).
Constitutional: Reinforces tribal sovereignty and treaty obligations by preserving Indigenous sacred sites, aligning with trust responsibilities to Native nations. It avoids equal protection issues by prioritizing public and cultural interests over private foreign gains.
Political: Highlights bipartisan concerns over foreign influence (especially China) and "backroom" legislating, as the original provision was a controversial rider. It could spark debates on resource nationalism, environmental justice, and Indigenous rights, influencing future mining policies and U.S.-China relations without overt partisanship in the bill text.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Grijalva, Adelita S. [D-AZ-7]

Cosponsors (33)

Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Lieu, Ted [D-CA-36], Rep. Min, Dave [D-CA-47], Rep. Moore, Gwen [D-WI-4], Rep. Neguse, Joe [D-CO-2], Rep. Pingree, Chellie [D-ME-1], Rep. Ruiz, Raul [D-CA-25], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Tlaib, Rashida [D-MI-12], Rep. Torres, Norma J. [D-CA-35], Rep. Tran, Derek [D-CA-45], Rep. McCollum, Betty [D-MN-4], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Pocan, Mark [D-WI-2], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Tokuda, Jill N. [D-HI-2], Rep. Carson, André [D-IN-7], Rep. Davids, Sharice [D-KS-3], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Doggett, Lloyd [D-TX-37], Rep. Cohen, Steve [D-TN-9], Rep. Randall, Emily [D-WA-6], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Morelle, Joseph D. [D-NY-25], Rep. Carbajal, Salud O. [D-CA-24], Rep. Cisneros, Gilbert Ray [D-CA-31], Rep. Case, Ed [D-HI-1], Rep. Hoyle, Val T. [D-OR-4], Rep. Huffman, Jared [D-CA-2], Rep. Hayes, Jahana [D-CT-5], Rep. Lofgren, Zoe [D-CA-18], Rep. DelBene, Suzan K. [D-WA-1], Rep. Brownley, Julia [D-CA-26]

Recent Actions

2025-12-03: Referred to the House Committee on Natural Resources.
2025-12-03: Introduced in House
2025-12-03: Introduced in House

Bill Versions

Save Oak Flat from Foreign Mining Act — issued 2025-12-03 — PDF (8 pages)