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1 1 (August 21, 2020)

handle is hein.crs/govdbmt0001 and id is 1 raw text is: Gongrsssoa Research Service Potential Land and Natural Resources Policy Implications of McGirt v. Oklahoma August 21, 2020 On July 9, 2020, the Supreme Court ruled that Congress had never disestablished the Muscogee (Creek) Nation's (MCN) reservation, set aside for MCN in the 19th century, and thus the reservation remains Indian country for purposes of criminal jurisdiction under the Major Crimes Act. According to the dissenting opinion, the MCN's reservation spans 3 million acres. In addition, four other tribes share a common history with MCN (Cherokee, Choctaw, Chickasaw, and Seminole Nations of Oklahoma, together referred to as the Five Tibes), meaning nearly 19 million acres in eastern Oklahoma could be considered an Indian reservation. The McGirt decision has potential land and natural resources policy implications discussed in this Insight. Because this case dealt with criminal jurisdiction, the impacts, if any, to civil jurisdiction are not immediately clear. Tribal land areas in Oklahoma often have complex histories involving treaties, common law, statutes, and regulations. Additionally, many laws and regulations apply only to the Five Tribes-an in-depth analysis of which is outside the scope of this Insight. This Insight provides an overview of observer and stakeholder comments on a variety of potential impacts to land and natural resources. Potential Land and Natural Resources Implications Because of the decision, some assert that much of eastern Oklahoma is an Indian reservation. Others contend, however, that the other four of the Five Tribes might be in a position to seek a separate legal ruling through litigation. Further, some assert the decision may impact civil regulatory authority within MCN 's reservation. Some observers, including MCN, state that not much will change for most residents living in this area. For instance, some assert land ownership will not change in eastern Oklahoma and existing federal law would limit tribal civil regulatory jurisdiction over non-Indians within the reservation. But some stakeholders describe potential challenges with jurisdictional issues. For example, following the decision, Oklahoma's governor formed a commission to advise the governor on civil, criminal, and regulatory concerns. Congressional Research Service https://crsreports.congress.gov INI 1486 CRS INSIGHT Prepared for Membersand C o m n ifteeso f C o ng ress ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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