The move is likely to escalate tensions between Indigenous groups vocal about the need to preserve historical lands and Western governments eager to boost critical minerals production and offset China's sector dominance.
Congress and then-President Barack Obama approved the mine in 2014 after it was added at the last minute to a must-pass military funding bill with the condition that an environmental report be published.
Copper is used in construction, transportation, electronics and many other industries. The United States imports roughly half of its copper needs each year.
Apache Stronghold, a nonprofit group comprised of the San Carlos Apache Tribe and conservationists, asked the U.S. Supreme Court last September to block the land swap. The court has not yet decided whether to take that case.
“The U.S. government is rushing to give away our spiritual home before the courts can even rule, just like it’s rushed to erase Native people for generations,“ said Wendsler Nosie, an Apache Stronghold leader.
“This makes the stakes crystal clear: if the court doesn’t act now, Oak Flat could be transferred and destroyed before justice can be served,“ said Luke Goodrich, a Becket attorney.
Rio Tinto said the move was a “positive step forward” and it would continue to work on the project, on which it and BHP have already spent more than $2 billion. They have yet to produce any copper.
BHP, which owns 45% of the project to Rio's 55%, did not immediately respond to a request for comment.
“This is a milestone in a very long process,“ said Besich. “This is a good thing for our town.”
Rio has said it plans to keep all of Resolution's copper inside the U.S. should the mine be approved. The company controls one of the two U.S. copper smelters.
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