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In Oklahoma v. Castro-Huerta, the court held that ?as a matter of state sovereignty, a state has jurisdiction over all of its territory, including Indian country,? suggesting that a state has presumptive jurisdiction to act over Indian country absent federal legislation curtailing that power.
On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma ? and all other states ? possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of tradition and practice.
Native Americans living in Oklahoma are exempt from paying state income taxes if they also show that they live on a formal Indian reservation, allotment or community and earn their income from sources in Indian Country.
Between the 1830 Indian Removal Act and 1850, the U.S. government used forced treaties and/or U.S. Army action to move about 100,000 American Indians living east of the Mississippi River, westward to Indian Territory in what is now Oklahoma.
He added: ?But after McGirt, about 43 percent of Oklahoma ? including Tulsa ? is now considered Indian Country.
The Supreme Court's ruling in McGirt is specifically about the Muscogee (Creek) Nation and clearly establishes that the Muscogee (Creek) Nation's treaty territory is a reservation. The decision also strengthens the Choctaw Nation's position that it has and has always had a reservation.
Oklahoma, which ruled that the Muscogee Nation's reservation had not been disestablished upon the granting of statehood to Oklahoma. As a result of McGirt, the reservations of other tribes similarly situated to Muscogee are also now considered extant, including that of the Cherokee Nation.
Applicants can apply for assistance at the nearest BIA operated or tribal social service provider. To obtain information on how to find a provider in your area, please contact the nearest BIA regional office.