{"abstract":"We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are notifying the public that the recent decisions of the Oklahoma Court of Criminal Appeals in Hogner v. Oklahoma, 2021 WL 958412 (Okla. Ct. Crim. App. March 11, 2021), and Sizemore v. Oklahoma, 2021 WL 1231493 (Okla. Ct. Crim. App. April 1, 2021)--which held that the historic Cherokee Nation of Oklahoma and the Choctaw Nation of Oklahoma Reservations, respectively, had not been disestablished-- necessarily foreclose 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 Cherokee Nation and Choctaw Nation of Oklahoma Reservations. This determination follows the recent decision of the United States Supreme Court in McGirt v. Oklahoma, 140 S Ct. 2452 (2020), which legally recognized the ongoing existence of the historic Muscogee (Creek) Nation Reservation in the State of Oklahoma and necessarily foreclosed the State of Oklahoma's authority to implement SMCRA on Indian lands within the exterior boundaries of the Muscogee (Creek) Nation Reservation. As OSMRE stated in its recent notification regarding SMCRA jurisdiction on the Muscogee (Creek) Nation Reservation, SMCRA designates OSMRE as the sole regulatory authority over surface coal mining and reclamation operations on Indian lands where a tribe has not obtained primacy. Consistent with the Supreme Court's decision in McGirt, Oklahoma may not exercise its State program regulatory authority over surface coal mining and reclamation operations within the exterior boundaries of the Cherokee Nation and Choctaw Nation of Oklahoma Reservations. Accordingly, for lands within the exterior boundaries of the Cherokee Nation and Choctaw Nation Reservations, OSMRE is the sole agency with jurisdiction over the SMCRA Title IV abandoned mine land (AML) reclamation and Title V regulatory programs. The Cherokee Nation Reservation consists of lands, wholly or partially within the following counties: Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Ottawa, Rogers, Sequoyah, Tulsa, Wagoner, and Washington. The Choctaw Nation of Oklahoma Reservation consists of lands, wholly or partially within the following counties: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, McCurtain, Pittsburg, Pontotoc, and Pushmataha.","action":"Notice of jurisdiction.","agencies":[{"raw_name":"DEPARTMENT OF THE INTERIOR","name":"Interior Department","id":253,"url":"https://www.federalregister.gov/agencies/interior-department","json_url":"https://www.federalregister.gov/api/v1/agencies/253","parent_id":null,"slug":"interior-department"},{"raw_name":"Office of Surface Mining Reclamation and Enforcement","name":"Surface Mining Reclamation and Enforcement Office","id":480,"url":"https://www.federalregister.gov/agencies/surface-mining-reclamation-and-enforcement-office","json_url":"https://www.federalregister.gov/api/v1/agencies/480","parent_id":253,"slug":"surface-mining-reclamation-and-enforcement-office"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2021/10/19/2021-22720.html","cfr_references":[],"citation":"86 FR 57854","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":"As of June 17, 2021, OSMRE notified Oklahoma of OSMRE's responsibilities under SMCRA Title IV and Title V programs within the exterior boundaries of the Cherokee Nation and Choctaw Nation of Oklahoma Reservations.","disposition_notes":null,"docket_ids":["S1D1S SS08011000 SX064A000 212S180110","S2D2S SS08011000 SX064A000 21XS501520"],"dockets":[],"document_number":"2021-22720","effective_on":null,"end_page":57855,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2021/10/19/2021-22720.xml","html_url":"https://www.federalregister.gov/documents/2021/10/19/2021-22720/osmre-jurisdiction-to-administer-the-surface-mining-control-and-reclamation-act-of-1977-within-the","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2021-22720?publication_date=2021-10-19","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2021-10-19/2021-22720/mods.xml","not_received_for_publication":null,"page_length":2,"page_views":{"count":319,"last_updated":"2026-09-22 12:15:07 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2021-10-19/pdf/2021-22720.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2021-22720.pdf?1634561127","publication_date":"2021-10-19","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2021/10/19/2021-22720.txt","regulation_id_number_info":{},"regulation_id_numbers":[],"regulations_dot_gov_info":{},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":57854,"subtype":null,"title":"OSMRE Jurisdiction To Administer the Surface Mining Control and Reclamation Act of 1977 Within the Exterior Boundaries of the Cherokee Nation Reservation and the Choctaw Nation Reservation in the State of Oklahoma","toc_doc":"Jurisdiction To Administer the Surface Mining Control and Reclamation Act Within the Exterior Boundaries of the Cherokee Nation Reservation and the Choctaw Nation Reservation in the State of Oklahoma","toc_subject":null,"topics":[],"type":"Notice","volume":86}