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, 57854-57855 [2021-22720]
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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices
identity that can be reasonably traced
between the unassociated funerary
object and The Chickasaw Nation.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to claim this cultural item
should submit a written request with
information in support of the claim to
Nekole Alligood, Ohio History
Connection, 800 E 17th Avenue,
Columbus, OH 43211, telephone (405)
933–7643, email nalligood@
ohiohistory.org, by November 18, 2021.
After that date, if no additional
claimants have come forward, transfer
of control of the unassociated funerary
object to The Chickasaw Nation may
proceed.
The Ohio History Connection is
responsible for notifying The Chickasaw
Nation this notice has been published.
Dated: October 6, 2021.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2021–22741 Filed 10–18–21; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
[S1D1S SS08011000 SX064A000
212S180110; S2D2S SS08011000
SX064A000 21XS501520]
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
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice of jurisdiction.
AGENCY:
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
jspears on DSK121TN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:51 Oct 18, 2021
Jkt 256001
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.
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.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Regional Director
(DOI Interior Regions 3, 4, and 6), Office
of Surface Mining Reclamation and
Enforcement, 501 Belle St., Suite 216,
Alton, IL 62002; Telephone (618) 463–
6463 Ext. 5101.
SUPPLEMENTARY INFORMATION: The
decisions in Hogner and Sizemore both
rely on the rationale of the United States
Supreme Court in McGirt v. Oklahoma,
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
140 S Ct. 2452 (2020). Following
McGirt, OSMRE evaluated Oklahoma’s
implementation of its approved
regulatory program to identify any
inconsistency with the McGirt decision.
On April 2, 2021, OSMRE sent letters to
the Oklahoma Conservation
Commission (OCC) and the Oklahoma
Department of Mines (ODM) notify
those agencies of OSMRE’s
responsibilities under SMCRA’s Title IV
and Title V program within the exterior
boundaries of the Muscogee (Creek)
Nation Reservation. OSMRE notified the
public of its jurisdiction via Federal
Register notice, published on May 18,
2021 (86 FR 26941).
Although McGirt expressly recognized
the ongoing existence of only the
Muscogee (Creek) Nation Reservation, in
Hogner and Sizemore the Oklahoma
Court of Criminal Appeals examined the
relevant treaties and congressional acts
and applied McGirt’s reasoning to
conclude that the Cherokee Nation and
Choctaw Nation of Oklahoma
Reservations had not been
disestablished. The U.S. Department of
Justice subsequently recognized that the
Cherokee Nation and Choctaw Nation of
Oklahoma Reservations had not been
disestablished and has determined that
the United States has criminal
jurisdiction over major crimes
committed within the boundaries of
these reservations. As those reservations
have not been disestablished, the lands
within the exterior boundaries of the
Cherokee Nation and Choctaw Nation of
Oklahoma Reservations constitute
‘‘Indian lands’’ as defined by SMCRA,
prohibiting the State of Oklahoma from
exercising jurisdiction over surface coal
mining and reclamation operations
within the exterior boundaries of these
reservations. On June 17, 2021, OSMRE
sent letters to OCC and ODM notifying
those agencies of OSMRE’s
responsibilities under SMCRA’s Title IV
and Title V programs within the exterior
boundaries of the Cherokee Nation and
Choctaw Nation Reservations. This
notification began a coordination period
to allow for the orderly transfer of all
OCC and ODM records, documents,
data, and other information associated
with the regulation of activities under
SMCRA within the exterior boundaries
of the Cherokee Nation and Choctaw
Nation of Oklahoma Reservations.
Pursuant to SMCRA, States may
acquire the primary responsibility (i.e.,
primacy) for the regulation of surface
coal mining and reclamation operations
on non-Federal and non-Indian lands
within the State. To obtain primacy, a
State must develop a regulatory and/or
abandoned mine land program(s) that
meets the minimum standards set forth
E:\FR\FM\19OCN1.SGM
19OCN1
Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Notices
in SMCRA and the Federal regulations,
as approved by the Secretary of the
Interior. SMCRA, however, does not
allow for the delegation of this authority
to a State to regulate surface coal mining
and reclamation operations on ‘‘Indian
lands’’ within the State’s boundaries.
Unless a Tribe obtains primacy, SMCRA
designates OSMRE as the sole regulatory
authority over surface coal mining and
reclamation operations on ‘‘Indian
lands.’’ 30 U.S.C. 1300. SMCRA defines
‘‘Indian lands’’ as: ‘‘all lands, including
mineral interests, within the exterior
boundaries of any Federal Indian
reservation, notwithstanding the
issuance of any patent, and including
rights-of-way, and all lands including
mineral interests held in trust for or
supervised by an Indian tribe.’’ 30
U.S.C. 1291(9).
jspears on DSK121TN23PROD with NOTICES1
Potential Implications of Substitution of
Federal Authority
SMCRA established the Abandoned
Mine Reclamation Fund to receive
reclamation fees that, along with funds
from other sources, are used to finance
reclamation of abandoned coal mine
sites. Title IV of SMCRA authorizes
OSMRE to provide grants to eligible
States and Tribes that are funded from
permanent (mandatory) appropriations.
In general, recipients use these funds:
To reclaim the highest priority AML
coal mine sites that were left abandoned
prior to the enactment of SMCRA in
1977; to reclaim eligible non-coal sites;
for projects that address the impacts of
mineral development; and for eligible
non-reclamation projects.
Title V of SMCRA authorizes OSMRE
to provide grants to States and Tribes to
develop, administer, and enforce State
and Tribal regulatory programs that
address, among other things, the
disturbances from coal mining
operations. Additionally, upon approval
of a State or Tribal regulatory program,
Title V authorizes a State or Tribe to
assume regulatory primacy and act as
the regulatory authority within the State
or Tribe, and to administer and enforce
its approved SMCRA regulatory
program with oversight and backup
enforcement authority provided by
OSMRE. The regulations at Title 30 of
the Code of Federal Regulations,
Chapter VII, implement these provisions
of SMCRA.
OSMRE will revisit and revise
Oklahoma’s regulatory and reclamation
grants, as appropriate and consistent
with OSMRE’s assumption of regulatory
VerDate Sep<11>2014
17:51 Oct 18, 2021
Jkt 256001
and reclamation jurisdiction over Indian
lands in Oklahoma.
Glenda H. Owens,
Deputy Director, Office of Surface Mining
Reclamation and Enforcement.
[FR Doc. 2021–22720 Filed 10–18–21; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–282 (Fifth
Review)]
Petroleum Wax Candles From China
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930 (‘‘the Act’’), that revocation of the
antidumping duty order on petroleum
wax candles from China would be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.2
Background
The Commission instituted this
review on April 1, 2021 (86 FR 17203)
and determined on July 7, 2021 that it
would conduct an expedited review (86
FR 51380, September 15, 2021).
The Commission made this
determination pursuant to section
751(c) of the Act (19 U.S.C. 1675(c)). It
completed and filed its determination in
this review on October 13, 2021. The
views of the Commission are contained
in USITC Publication 5232 (October
2021), entitled Petroleum Wax Candles
from China: Investigation No. 731–TA–
282 (Fifth Review).
By order of the Commission.
Issued: October 13, 2021.
Lisa Barton,
Secretary to the Commission.
57855
Court for the Southern District of Texas
in the lawsuit entitled United States v.
Equistar Chemicals, LP; LyondellBasell
Acetyls, LLC; and Lyondell Chemical
Co., Civil Action No. 4:21–cv–3359.
The United States filed this lawsuit
under the Clean Air Act. The complaint
seeks injunctive relief and civil
penalties based on violations of the
Clean Air Act’s New Source Review
requirements, New Source Performance
Standards, National Emissions
Standards for Hazardous Air Pollutants,
‘‘Title V’’ program requirements and
operating permits, and related Texas
and Iowa state implementation plan
requirements. The alleged violations
involve flares used at petrochemical
manufacturing plants owned and
operated by the defendants, Equistar
Chemicals, LP; LyondellBasell Acetyls,
LLC; and Lyondell Chemical Co., in
Channelview, Corpus Christi, and
LaPorte, Texas, and in Clinton, Iowa.
The consent decree requires the
defendants to perform injunctive relief
and pay a $3,400,000 civil penalty.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. Equistar
Chemicals, LP; LyondellBasell Acetyls,
LLC; and Lyondell Chemical Co., D.J.
Ref. No. 90–5–2–1–11593. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
[FR Doc. 2021–22694 Filed 10–18–21; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On October 13, 2021, the Department
of Justice lodged a proposed consent
decree with the United States District
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Vice Chair Randolph J. Stayin not participating.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
During the public comment period,
the proposed consent decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
proposed consent decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $34.00 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
E:\FR\FM\19OCN1.SGM
19OCN1
]]>Agencies
[Federal Register Volume 86, Number 199 (Tuesday, October 19, 2021)]
[Notices]
[Pages 57854-57855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22720]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
[S1D1S SS08011000 SX064A000 212S180110; S2D2S SS08011000 SX064A000
21XS501520]
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
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Notice of jurisdiction.
-----------------------------------------------------------------------
SUMMARY: 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.
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.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Regional Director
(DOI Interior Regions 3, 4, and 6), Office of Surface Mining
Reclamation and Enforcement, 501 Belle St., Suite 216, Alton, IL 62002;
Telephone (618) 463-6463 Ext. 5101.
SUPPLEMENTARY INFORMATION: The decisions in Hogner and Sizemore both
rely on the rationale of the United States Supreme Court in McGirt v.
Oklahoma, 140 S Ct. 2452 (2020). Following McGirt, OSMRE evaluated
Oklahoma's implementation of its approved regulatory program to
identify any inconsistency with the McGirt decision. On April 2, 2021,
OSMRE sent letters to the Oklahoma Conservation Commission (OCC) and
the Oklahoma Department of Mines (ODM) notify those agencies of OSMRE's
responsibilities under SMCRA's Title IV and Title V program within the
exterior boundaries of the Muscogee (Creek) Nation Reservation. OSMRE
notified the public of its jurisdiction via Federal Register notice,
published on May 18, 2021 (86 FR 26941).
Although McGirt expressly recognized the ongoing existence of only
the Muscogee (Creek) Nation Reservation, in Hogner and Sizemore the
Oklahoma Court of Criminal Appeals examined the relevant treaties and
congressional acts and applied McGirt's reasoning to conclude that the
Cherokee Nation and Choctaw Nation of Oklahoma Reservations had not
been disestablished. The U.S. Department of Justice subsequently
recognized that the Cherokee Nation and Choctaw Nation of Oklahoma
Reservations had not been disestablished and has determined that the
United States has criminal jurisdiction over major crimes committed
within the boundaries of these reservations. As those reservations have
not been disestablished, the lands within the exterior boundaries of
the Cherokee Nation and Choctaw Nation of Oklahoma Reservations
constitute ``Indian lands'' as defined by SMCRA, prohibiting the State
of Oklahoma from exercising jurisdiction over surface coal mining and
reclamation operations within the exterior boundaries of these
reservations. On June 17, 2021, OSMRE sent letters to OCC and ODM
notifying those agencies of OSMRE's responsibilities under SMCRA's
Title IV and Title V programs within the exterior boundaries of the
Cherokee Nation and Choctaw Nation Reservations. This notification
began a coordination period to allow for the orderly transfer of all
OCC and ODM records, documents, data, and other information associated
with the regulation of activities under SMCRA within the exterior
boundaries of the Cherokee Nation and Choctaw Nation of Oklahoma
Reservations.
Pursuant to SMCRA, States may acquire the primary responsibility
(i.e., primacy) for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within the
State. To obtain primacy, a State must develop a regulatory and/or
abandoned mine land program(s) that meets the minimum standards set
forth
[[Page 57855]]
in SMCRA and the Federal regulations, as approved by the Secretary of
the Interior. SMCRA, however, does not allow for the delegation of this
authority to a State to regulate surface coal mining and reclamation
operations on ``Indian lands'' within the State's boundaries. Unless a
Tribe obtains primacy, SMCRA designates OSMRE as the sole regulatory
authority over surface coal mining and reclamation operations on
``Indian lands.'' 30 U.S.C. 1300. SMCRA defines ``Indian lands'' as:
``all lands, including mineral interests, within the exterior
boundaries of any Federal Indian reservation, notwithstanding the
issuance of any patent, and including rights-of-way, and all lands
including mineral interests held in trust for or supervised by an
Indian tribe.'' 30 U.S.C. 1291(9).
Potential Implications of Substitution of Federal Authority
SMCRA established the Abandoned Mine Reclamation Fund to receive
reclamation fees that, along with funds from other sources, are used to
finance reclamation of abandoned coal mine sites. Title IV of SMCRA
authorizes OSMRE to provide grants to eligible States and Tribes that
are funded from permanent (mandatory) appropriations. In general,
recipients use these funds: To reclaim the highest priority AML coal
mine sites that were left abandoned prior to the enactment of SMCRA in
1977; to reclaim eligible non-coal sites; for projects that address the
impacts of mineral development; and for eligible non-reclamation
projects.
Title V of SMCRA authorizes OSMRE to provide grants to States and
Tribes to develop, administer, and enforce State and Tribal regulatory
programs that address, among other things, the disturbances from coal
mining operations. Additionally, upon approval of a State or Tribal
regulatory program, Title V authorizes a State or Tribe to assume
regulatory primacy and act as the regulatory authority within the State
or Tribe, and to administer and enforce its approved SMCRA regulatory
program with oversight and backup enforcement authority provided by
OSMRE. The regulations at Title 30 of the Code of Federal Regulations,
Chapter VII, implement these provisions of SMCRA.
OSMRE will revisit and revise Oklahoma's regulatory and reclamation
grants, as appropriate and consistent with OSMRE's assumption of
regulatory and reclamation jurisdiction over Indian lands in Oklahoma.
Glenda H. Owens,
Deputy Director, Office of Surface Mining Reclamation and Enforcement.
[FR Doc. 2021-22720 Filed 10-18-21; 8:45 am]
BILLING CODE 4310-05-P
