[20200821]IN11486_McGirt诉俄克拉荷马州的潜在土地和自然资源政策影响.pdf

CRS INSIGHT Prepared for Members and Committees of Congress INSIGHTINSIGHTi i 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) Nations (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 MCNs 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 Tribes), 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