Dec. 30—Federal regulators announced this past week a proposal to withdraw and reconsider a 2020 decision to extend Oklahoma’s authority to regulate environmental programs on tribal lands within the state.

Gov. Kevin Stitt asked the U.S. Environmental Protection Agency to extend the authority previously granted to Oklahoma by the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005. U.S. Sen. Jim Inhofe added the provision — often referred to as “the midnight rider” — to the SAFETEA Act just before its passage.

Stitt’s request came on the heels of the U.S. Supreme Court’s ruling in McGirt v. Oklahoma, a landmark decision that found Congress never disestablished the Muscogee Nation reservation granted by treaty. Subsequent decisions determined the same was true for other tribal nations whose reservations make up the eastern half of Oklahoma.

EPA officials said the proposal to withdraw and reconsider was issued following a careful review of the agency’s decision in 2020 under the Trump administration. It also follows what EPA officials described as “extensive consultation” with the 38 tribal nations of Oklahoma.

Efforts proved unsuccessful to get comments from the Cherokee Nation and Muscogee Nation about EPA’s proposal. But the EPA’s 2020 decision was reported to have been cause for “significant concerns” due to the state’s purported failure to consult with tribes.

Stitt’s relationship with tribal leaders has been somewhat adversarial since 2019, when he objected to the renewal of gaming compacts with several Oklahoma tribes. Earlier this month the governor denied the renewal of fishing and hunting compacts the state has had with Cherokee and Choctaw nations, which reportedly brought federal funding worth $32 million to Oklahoma Department of Wildlife Conservation.

“Our sovereign tribal partners continue to have significant concerns with EPA’s previous decision and the consultation process used in reaching that decision,” said Assistant Administrator for International and Tribal Affairs Jane Nishida. “Today’s action reflects careful consideration of their concerns and our commitment to ensuring robust consultation on all policy deliberations affecting tribal nations.”

EPA’s proposed withdrawal and reconsideration the October 2020 decision was prompted by a review the agency undertook in response to an executive order that addresses public health, the environment and restoring science to tackle climate issues. The directive requires federal agencies to ensure actions taken during the past four years are consistent with the nation’s commitment to advancing environmental justice.

The action, according to agency documents, also reflects EPA’s renewed and extensive efforts to consult with Oklahoma’s tribal nations. This effort, EPA officials said, is consistent with the President’s Memorandum on Tribal Consultation and Strengthening Nationto-Nation Relationships.

Nishida said EPA officials considered the input from tribal officials “invaluable.” She said the agency “looks forward to continuing dialogue with all parties to inform an effective and durable framework for environmental protection within Indian country.”

EPA initiated a renewed consultation and coordination effort in June with Oklahoma Tribal nations to allow for what agency officials described as “meaningful input” in response to the state’s July 22, 2020, request. EPA offered consultation with all 38 Oklahoma tribes and hosted two consultation calls open to all tribes.

EPA leadership also met with officials representing eight tribes during this consultation period. While EPA consulted previously with Oklahoma tribes following the state’s initial request, the consultation period provided by the previous administration was abbreviated, lasting less than a month.

Region 6 Deputy Regional Administrator David Gray said efforts to re-engage with tribes in Oklahoma through consultations during the past year “provided true meaning to the government-to-government relationship that the EPA has with our tribal partners.”

EPA will accept comment about its proposed withdrawal and reconsideration until Jan. 31. Concurrent with the comment period, EPA will continue its consultations with all Oklahoma tribes. The proposed withdrawal and reconsideration will be conducted consistent with the applicable provision of SAFETEA.

The state’s authority to oversee EPAprograms in Oklahoma will remain in place pursuant to the October 2020 decision while the comment and review process remains ongoing.

The notice of proposed withdrawal and reconsideration is available here: https://www.epa.gov/ok/safetea-proposed-withdrawal-and-reconsideration-and-supporting-information .