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2021-05-18
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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
Notices
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United States
Department of the Interior
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United States Government Agency or Subagency
United States
Office of Surface Mining Reclamation and Enforcement
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United States Government Agency or Subagency
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.
86 FR 26941
https://www.govinfo.gov/app/details/FR-2021-05-18/2021-10400
2021-10400
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S2D2S SS08011000 SX064A000 21XS501520
https://www.govinfo.gov/app/details/FR-2021-05-18/2021-10400
https://www.govinfo.gov/content/pkg/FR-2021-05-18/html/2021-10400.htm
https://www.govinfo.gov/content/pkg/FR-2021-05-18/pdf/2021-10400.pdf
1 p.
26941
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86 FR 26941
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; Federal Register Vol. 86, Issue
NOTICE
2021-10400
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
S1D1S SS08011000 SX064A000 212S180110
S2D2S SS08011000 SX064A000 21XS501520
4310-05-P
2021-10400
Notice of decision.
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.
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.
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.
Loss of State Jurisdiction to Administer the Surface Mining Control and Reclamation Act,
Federal Register
Vol. 86, no. 94
Office of the Federal Register, National Archives and Records Administration
2021-05-18
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https://www.govinfo.gov/content/pkg/FR-2021-05-18/pdf/FR-2021-05-18.pdf
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