Talk:Former Indian reservations in Oklahoma

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Oklahoma Mid‑importance

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Shouldn't the title of this article be changed? After the McGirt verdict the US Supreme Court confirmed that these reservations still exist. They are not 'former Indian reservations'. Although I suppose their only 'reservation-wide' powers for now, remain in the criminal justice realm.

Wiki Education Foundation-supported course assignment

This article was the subject of a Wiki Education Foundation-supported course assignment, between 19 January 2021 and 7 May 2021. Further details are available on the course page. Student editor(s): Michilds382.

Above undated message substituted from Template:Dashboard.wikiedu.org assignment by PrimeBOT (talk) 21:24, 17 January 2022 (UTC)[reply]

How much of this changes due to McGirt v. Oklahoma?

Of the 39 Federally recognized tribes in Oklahoma, the McGirt decision only impacted the Five Civilized Tribes. There were several plains Indian tribes that were disestablished in the former Oklahoma Territory. In addition to the Five Civilized Tribes, the NE section of the former Indian Territory was also home to several tribes from the NE and Midwest of the US - status of these tribes is also unknown. So, the term and page title "Former Indian Reservations in Oklahoma" is still valid. There will be court actions in the future to determine status.

In McGirt v. Oklahoma, the justices held that, for purposes of the Major Crimes Act, land throughout much of eastern Oklahoma reserved for the Creek Nation since the 19th century remains a Native American reservation. https://d2qwohl8lx5mh1.cloudfront.net/kKj4BdK6PajTt4Q_WYZgkQ/content — Preceding unsigned comment added by 23.123.211.136 (talk) 17:54, 9 July 2020 (UTC) McGirt seems to have done two things.[reply]

1) the held that the Creek Nation (hence the other Five Civilized tribes) was never disestablished (some Oklahoma tribes were disestablished ex. Otoe). Which may or may impact how the 5 civilized tribes receive federal funding, ie. directly as a do States, or through the Department of Indian Affairs. Since it was previously thought that all tribes in Oklahoma were disestablished, The Former Indian Territories Act gave these Oklahoma "reservation" lands the status of an actual reservation that was not disestablished in other states. The court found that Disestablishment requires a specific congressional action, and that while it was assumed that the tribal governments would be disestablished, for the five civilized tribes, congress never specifically enacted legislation to disestablished.

2) gives Indian courts authority to prostitute Indians over the entire Indian Country reservation rather than as previously thought, just over lands owned by the tribe or by tribal members. In the 1800's, under the [Major Crimes Act], congress gave the Federal Government authority to prostitute Indians for Murder, Manslaughter, Rape, Assault with intent to kill, Arson, Burglary, and Larceny. Indian courts prosecuted Indians who committed crimes on Indian land. The McGirt decision redefined what was assumed to be Indian land. Previously it was thought Indian courts only had authority

to prostitute indians who committed crimes on lands owned by indians or the tribe.  Indians who committed crimes on lands owned by non-indians were prosicuted by the state of Oklahoma.  (when Indian land was sold to a non-indian, it fell under control of the Oklahoma).  McGirt says that the since the former indian reservation land was not disestablished, indian courts have jurisdiction over the entire {former} indian reservation land. This confusion led to a gap in the law with regards to federal prosecution, which the State of Oklahoma assumed authority.  With the reservation not being disestablished, it turns out at Oklahoma did not have that authority.

The court decision seems to only apply to the Five Civilized Tribes, in former Indian Territory, and not the Plains Indians that were in the former Oklahoma Territory. (The State of Oklahoma is the combination of Indian Territory and Oklahoma Territory.) However, there will probably be an examination by each of the federally recognized tribes in Oklahoma to see if the required congressional Disestablishment legislation was actually passed... it could be that there are other tribes that are not disestablished.

The court acknowledges this creates a mess, with Oklahoma and the Tribes along with Congress needing to clean things up.