land exchange

What happened

A land exchange swaps federal land for private land by act of Congress. The best-known recent example is Oak Flat in Arizona, authorized by section 3003 of a 2014 defense bill, now codified at 16 U.S.C. 539p. The statute defines the federal land as approximately 2,422 acres in Pinal County, Arizona, and orders the Secretary of Agriculture, "not later than 60 days after the date of publication of the final environmental impact statement," to convey it to Resolution Copper, which in turn conveys specified non-federal parcels to the United States.

The statute includes process steps for tribes. It directs the Secretary to "engage in government-to-government consultation with affected Indian tribes" and to seek mutually acceptable measures to address their concerns. It also requires an environmental impact statement that assesses effects on cultural and archeological resources.

Apache Stronghold, a nonprofit, sued under the Religious Freedom Restoration Act. The en banc Ninth Circuit rejected the challenge in 2024. The Supreme Court denied certiorari on May 27, 2025. Justice Gorsuch, joined by Justice Thomas, dissented, writing that "It is undisputed" that the government's plan will permanently "destroy the Apaches' historical place of worship"; he called the Court's refusal to hear the case "a grave mistake."

Good to know. Justice Gorsuch's words are from a dissent; the Court's majority gave no opinion when it declined the case.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error