header-left header-right
Share to Facebook Share to Twitter Bookmark and Share
File #: 20-072    Version: 1 Name: N/A
Type: Resolution Status: Awaiting Chief's Signature
File created: 10/14/2020 In control: TRIBAL COUNCIL
On agenda: 10/29/2020 Final action: 11/16/2020
Enactment date: 11/16/2020 Enactment #: R-046-20
Title: A RESOLUTION OBJECTING TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT OF ENVIRONMENTAL REGULATORY JURISDICTION TO THE STATE OF OKLAHOMA
Sponsors: Joe Deere, Julia Coates, Mary Baker Shaw, Harley Buzzard, Daryl Legg, Victoria Vazquez, Mike Shambaugh
Indexes: Environmental Protection, EPA
Code sections: N/A - Not Applicable
Title
A RESOLUTION OBJECTING TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY GRANT OF ENVIRONMENTAL REGULATORY JURISDICTION TO THE STATE OF OKLAHOMA
Body
WHEREAS, the Cherokee Nation, since time immemorial, has exercised the sovereign rights of self-government on behalf of the Cherokee people;

WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government-to-government relationship with the United States of America;

WHEREAS, Article VI, Section 7, the Constitution of the Cherokee Nation provides the Council the power to establish laws it shall deem necessary and proper for the good of the Nation;

WHEREAS, the United States Supreme Court reaffirmed the Cherokee Nation’s treaty reservation boundaries in McGirt v. Oklahoma, 591 U.S. __ (2020);

WHEREAS, the United States Environmental Protection Agency (“EPA”) is charged with enforcing certain regulatory programs to protect human health and the environment in the United States, including on lands within the Cherokee Nation reservation;

WHEREAS, on November 8, 1984, the EPA adopted a formal Policy for Administration of Environmental Programs on Indian Reservations (“EPA Indian Policy”), as most recently affirmed by the EPA Administrator on April 5, 2019, which requires the EPA to support Tribal primacy and jurisdiction over environmental programs on reservation lands;

WHEREAS, Section 10211(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act, 119 Stat. 1144 (2005) (“SAFETEA”) purports to authorize the State of Oklahoma’s assumption of regulatory jurisdiction over environmental programs on Cherokee Nation reservation lands, which wholly departs from the EPA Indian Policy and treats the Cherokee Nation inequitably as compared to other reservation Tribes across the United States;

WHEREAS, the State of Oklahoma has requested to activate SAFETEA on Cherokee Nation reservation lands, which the EPA approved on October 1, 2020;

WHEREAS, th...

Click here for full text