[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Page 26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10400]
[[Page 26941]]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 212S180110; S2D2S SS08011000 SX064A000
21XS501520]
Loss of State Jurisdiction To Administer the Surface Mining
Control and Reclamation Act of 1977 Within the Exterior Boundaries of
the Muscogee (Creek) Nation Reservation in the State of Oklahoma
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of decision.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are notifying the public that the recent decision of the
United States Supreme Court in McGirt v. Oklahoma, 140 S. Ct. 2452
(2020), which legally recognized the on-going existence of the historic
Muscogee (Creek) Nation Reservation in the State of Oklahoma,
necessarily forecloses the State of Oklahoma's authority to implement
the Surface Mining Control and Reclamation Act of 1977 (SMCRA) on
Indian Lands within the exterior boundaries of the Muscogee (Creek)
Nation Reservation. SMCRA designates OSMRE as the regulatory authority
over surface coal mining and reclamation operations on Indian lands
where a tribe has not obtained primacy. OSMRE has thus determined that
Oklahoma cannot exercise its State program regulatory authority over
surface coal mining and reclamation operations within the exterior
boundaries of the Muscogee (Creek) Nation Reservation. Accordingly, for
lands within the exterior boundaries of the Muscogee (Creek) Nation
Reservation, OSMRE is assuming jurisdiction over the SMCRA Title IV
reclamation and Title V regulatory programs. The Muscogee (Creek)
Nation Reservation consists of lands, wholly or partially within the
following counties: Creek, Hughes, Seminole, McIntosh, Muskogee,
Okfuskee, Okmulgee, Tulsa, Rogers, Mayes, and Wagoner.
DATES: As of April 2, 2021, OSMRE initiated transfer of SMCRA Title IV
and Title V program responsibilities within the exterior boundaries of
the Muscogee (Creek) Nation Reservation.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Regional
Director, Office of Surface Mining Reclamation and Enforcement, 501
Bell St., Suite 216, Alton, IL 62002; Telephone (618) 463-6463 Ext.
5101.
SUPPLEMENTARY INFORMATION: On April 2, 2021, OSMRE sent letters to the
Oklahoma Conservation Commission (OCC) and the Oklahoma Department of
Mines (ODM) to initiate transfer of the SMCRA Title IV and Title V
program responsibilities within the exterior boundaries of the Muscogee
(Creek) Nation Reservation. Thus, beginning a coordination period that
will allow for the orderly transfer of all OCC and ODM records,
documents, data, and other information associated with the regulation
of activities under SMCRA within the exterior boundaries of the
Muscogee (Creek) Nation Reservation. During the transition period, both
the OCC and ODM will, to the extent permitted by applicable law,
maintain routine reclamation and regulatory program activities,
including by responding to any Abandoned Mine Land (AML) emergencies
within the exterior boundaries of the Muscogee (Creek) Nation
Reservation. OSMRE does not consider any action with irreversible or
irreparable consequences, such as the approval of permitting actions or
the release of bonds or other obligations under SMCRA, to be a routine
reclamation and regulatory program activity, and, during the transition
period, OCC and ODM should not take any such actions with respect to
lands within the boundaries of the Muscogee (Creek) Nation Reservation.
Pursuant to SMCRA, States may acquire the primary responsibility
(i.e., primacy) for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within the
State. To obtain primacy, a State must develop a regulatory program
that meets the minimum standards set forth in SMCRA and the Federal
regulations, as approved by the Secretary of the Interior. SMCRA,
however, does not allow for the delegation of this authority to a State
to regulate surface coal mining operations on Indian lands within the
State's boundaries. Unless a Tribe obtains primacy, SMCRA designates
OSMRE as the sole regulatory authority over surface coal mining and
reclamation operations on Indian lands. 30 U.S.C. 1300. As indicated,
SMCRA defines ``Indian lands'' as: ``all lands, including mineral
interests, within the exterior boundaries of any Federal Indian
reservation, notwithstanding the issuance of any patent, and including
rights-of-way, and all lands including mineral interests held in trust
for or supervised by an Indian tribe.'' 30 U.S.C. 1291(9).
Potential Implications of Substitution of Federal Authority
SMCRA established the Abandoned Mine Reclamation Fund to receive
reclamation fees that, along with funds from other sources, are used to
finance reclamation of abandoned coal mine sites. Title IV of SMCRA
authorizes OSMRE to provide grants to eligible States and Tribes that
are funded from permanent (mandatory) appropriations. Recipients use
these funds: To reclaim the highest priority AML coal mine sites that
were left abandoned prior to the enactment of SMCRA in 1977; to reclaim
eligible non-coal sites; for projects that address the impacts of
mineral development; and for eligible non-reclamation projects.
Title V of SMCRA authorizes OSMRE to provide grants to States and
Tribes to develop, administer, and enforce State and Tribal regulatory
programs that address, among other things, the disturbances from coal
mining operations. Additionally, upon approval of a State or Tribal
regulatory program, Title V authorizes a State or Tribe to assume
regulatory primacy and act as the regulatory authority within the State
or Tribe, and to administer and enforce its approved SMCRA regulatory
program. The regulations at title 30 of the Code of Federal
Regulations, Chapter VII, implement these provisions of SMCRA.
Glenda H. Owens,
Deputy Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2021-10400 Filed 5-17-21; 8:45 am]
BILLING CODE 4310-05-P