Summary
This is Oklahoma Attorney General Opinion 2025 OK AG 19, addressing whether federal law preempts application of the Oklahoma Wildlife Conservation Code to tribal citizens hunting or fishing on the Cherokee, Chickasaw, and Choctaw Nations' reservations. The opinion concludes that federal law preempts state enforcement against member Indians and qualifying Five Tribe nonmember Indians under the Bracker and Mescalero framework. It further concludes that Stroble v. Oklahoma Tax Commission and City of Tulsa v. O'Brien do not require a different result.
Topics
Practice areas
Questions Presented
- Does federal law preempt application of the Oklahoma Wildlife Code to Indians hunting and fishing on the Cherokee, Chickasaw, or Choctaw Nations' reservations?
- Does Stroble v. Oklahoma Tax Commission, and/or City of Tulsa v. O'Brien, authorize enforcing the Wildlife Code against Indians hunting or fishing on the Nations' reservations?
Holdings
- Federal law preempts application of the Oklahoma Wildlife Conservation Code to Member Indians and Five Tribe Nonmember Indians hunting and fishing on the Cherokee, Chickasaw, and Choctaw Nations' reservations.
- Neither Stroble nor O'Brien compel a different conclusion; Stroble addresses civil tax jurisdiction and does not analyze federal preemption principles for wildlife regulation, and O'Brien's required Bracker balancing test still results in preemption.
Key quotations
“The supremacy of federal law dictates that it preempts application of the Oklahoma Wildlife Conservation Code, title 29 of the Oklahoma statutes (the "Wildlife Code"), to Member Indians and Five Tribe Nonmember Indians hunting and fishing on the Nations' reservations.” (¶3)
“The Court held that where the governing body of an Indian Tribe--working closely with the Federal Government and under the authority of federal law--has exercised its lawful authority to develop and manage the reservation's resources for the benefit of its members, concurrent state jurisdiction is preempted.” (¶15)
“Federal law preempts application of the Oklahoma Wildlife Code to hunting and fishing on the Cherokee, Chickasaw, and Choctaw Nations' reservations by (a) Member Indians hunting on their own Nation's reservation and (b) Five Tribe Nonmember Indians hunting on a Nation's reservation pursuant to the Five Tribes Wildlife Management Reciprocity Agreement.” (¶31)
Factual background
The Oklahoma Attorney General received questions from a state representative regarding the applicability of the Oklahoma Wildlife Conservation Code to Indians hunting and fishing on the Cherokee, Chickasaw, and Choctaw Nations' reservations. The tribes have established comprehensive wildlife management programs. A reciprocity agreement allows member Indians of the Five Tribes to hunt on each other's reservations. The opinion addresses the legal framework of federal preemption under Supreme Court precedent, particularly concerning tribal self-governance and treaty rights.
Procedural history
An Oklahoma legislator submitted questions to the Attorney General concerning federal preemption of state wildlife laws on tribal reservations.