On September 15, 2025, the National Congress of American Indians (NCAI) and National Association of Tribal Historic Preservation Officers (NATHPO) filed an amici curiae brief in the United States Court of Appeals for the Ninth Circuit in support of San Carlos Apache Tribe’s efforts to protect Chi’chil Biłdagoteel (Oak Flat). The brief highlights that many Tribal Nations’ religions and cultures are land based; that U.S. actions and policies have put the federal government in control of large swaths of Native lands and sacred places; and that this history makes it necessary for the U.S. to engage in meaningful Nation-to-Nation consultation with Tribal Nations in land management decisions. The brief calls on the court to pause the transfer of Chi’chil Biłdagoteel to Resolution Copper Mining, LLC, while San Carlos Apache Tribe’s lawsuit proceeds.
For Tribal Nations across the country, removal from their traditional lands and sacred places has directly impacted Tribal religious, cultural, and spiritual practices.
“The U.S. acquired Tribal lands through treaties, wars, and legislative actions, often using coercive tactics. Historical policies, such as the Indian Removal Act and the Allotment Act, led to significant reductions in Tribal landholdings, and many sacred places are now under federal control, complicating Tribal Nations’ efforts to protect their cultural heritage. That is why it is so important that federal agencies consult with Tribal Nations regarding land management decisions,” said NATHPO Executive Director Dr. Valerie Grussing.
It is essential and legally required that federal agencies engage in meaningful consultation with Tribal Nations when making decisions that could impact their traditional lands and sacred places.
“Federal agencies must engage in genuine consultation with Tribal Nations regarding land management. Many Native American religions, such as those of the Western Apache, are deeply connected to the land. Sacred places like Chi’chil Biłdagoteel are now on federal lands due to historical policies that displaced Tribal Nations. Consequently, federal land management decisions pose unique threats to these places and cultural practices,” explained NCAI Executive Director Larry Wright, Jr.
The proposed transfer of Chi’chil Biłdagoteel highlights the need to comply with consultation requirements and the importance of federal agencies engaging in meaningful Tribal consultation over proposals that would affect sacred places on federal lands. Chi’chil Biłdagoteel is a sacred place of creation for the Apache. The United States intends to transfer Chi’chil Biłdagoteel to Resolution Copper to construct an open-pit copper mine that will permanently destroy the place of worship and prevent the Apache from maintaining their religious practices associated with the site.
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