Bills of Congress by U.S. Congress

Save Oak Flat from Foreign Mining Act

Summary

The "Save Oak Flat from Foreign Mining Act" aims to repeal section 3003 of Public Law 113-291, also known as the Southeast Arizona Land Exchange Act. This original act mandated the Forest Service to transfer Oak Flat to Resolution Copper, a joint venture between Rio Tinto and BHP, for copper mining. The new bill seeks to prevent this land transfer and protect Oak Flat from mining activities.

Expected Effects

If enacted, the bill would prevent Resolution Copper from acquiring Oak Flat. Mining activities would be prohibited, preserving the land's cultural and environmental significance. This would also block the export of copper extracted from the area, primarily destined for the People's Republic of China.

Potential Benefits

  • Preservation of Oak Flat, a site of cultural and religious significance to Native American tribes.
  • Protection of water resources in a drought-stricken region.
  • Prevention of potential environmental damage from mining activities.
  • Reduced reliance on foreign entities for critical mineral resources.
  • Upholding the rights and interests of indigenous communities.

Potential Disadvantages

  • Potential loss of copper production, impacting domestic supply chains.
  • Possible economic repercussions for Arizona due to reduced mining activity.
  • Strained relations with international mining companies.
  • Delayed access to copper resources that could be used for renewable energy technologies.
  • Potential legal challenges from Resolution Copper regarding existing agreements.

Constitutional Alignment

The bill's alignment with the Constitution is complex. Congress has broad authority over federal lands under Article IV, Section 3, Clause 2 (the Property Clause). However, the original land exchange act was passed by Congress, and repealing it could raise questions about the stability of congressional commitments and potential takings issues under the Fifth Amendment if Resolution Copper has made significant investments based on the original law. The bill also touches on issues related to Native American rights and religious freedom under the First Amendment, given Oak Flat's cultural significance.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).