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The U.S. Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) has notified the Oklahoma Department of Mines (ODM) and the Oklahoma Conservation Commission (OCC) that under the US Supreme Court decision McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), the State may no longer exercise regulatory jurisdiction under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) on Indian Lands within the State.
OSMRE will work with the State of Oklahoma and consult with the Muscogee (Creek) Nation towards a responsible and orderly transition of SMCRA responsibilities on the Muscogee (Creek) Reservation to OSMRE.
In 2020, in the McGirt v. Oklahoma case, the Supreme Court legally recognised the on-going existence of the historic Muscogee (Creek) Nation Reservation within the State of Oklahoma. In the decision, the Supreme Court rejected arguments by the United States and the State of Oklahoma that prior congressional action had disestabli
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