The Tenth Circuit’s SAFETEA Ruling

October 21, 2026

For Immediate Release

For more information contact:

Pawnee Nation of Oklahoma

Phone: 918-762-3621

Fax: 918-762-0012

Email: communications@pawneenation.org

The Tenth Circuit’s SAFETEA Ruling

Pawnee, Oklahoma (October 21, 2026). Last Friday, the United States Court of Appeals for the Tenth Circuit issued a decision in Pawnee Nation v. Environmental Protection Agency (EPA), ruling in favor of the United States EPA in a challenge brought by the Pawnee Nation to EPA’s May 2025 decision approving a request by the State of Oklahoma pursuant to a provision in the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA) transportation bill. EPA’s decision allowed the State to administer Federal environmental programs on certain Indian lands in Oklahoma in the wake of the Supreme Court’s McGirt decision.   

We are disappointed by the Court’s SAFETEA ruling, but its direct impact on the Pawnee Nation will be limited.  The Tenth Circuit’s decision does not change existing environmental regulations on Pawnee lands and waters, nor does it transfer new environmental programs to the State of Oklahoma.

While the decision affects how McGirt operates in Oklahoma as a practical matter, the Tenth Circuit did not rule on the scope of McGirt. Nothing in the Court’s opinion interprets how broadly the Supreme Court’s decision should apply, nor does it suggest that McGirt only applies in criminal cases. Instead, the case involved a completely different Federal law: the 2005 SAFETEA provision.

The ruling also does not remove the Pawnee Nation’s existing Treatment‑as‑a‑State (TAS) Federal authority under the Clean Water Act. The Pawnee Nation continues to hold Federal legal authority over water quality on Pawnee lands. When a Federal project, such as a pipeline, a discharge permit, or construction affecting Pawnee waters, needs approval, the Pawnee Nation has the power to review it, set conditions, or deny it under Federal law. This authority remains fully intact.

It is also important to clarify the Pawnee Nation is not a “McGirt tribe.” Our jurisdiction and legal status does not come from the McGirt decision. It comes directly from Congressional treaties and statutes such as 18 U.S.C. § 1151, which remain the supreme law of the land. As a result, the Pawnee Nation exercises environmental authority grounded in Federal law, not State law and not McGirt decision.

Most Tribal Nations headquartered in Oklahoma do not currently hold Federal EPA Treatment as a State (TAS) authority. The Pawnee Nation brought this case to defend our statutory and treaty-based rights and to reinforce the federal government’s obligations under the Supremacy Clause, 18 U.S.C. § 1151, and long-standing trust responsibilities. We will continue pressing for early, direct engagement with Tribal governments (Tribal Consultation) in all Federal actions affecting Indian lands and waters, consistent with federal statutes and Executive Order 13175. Our stance is rooted in law, and our resolve to ensure federal agencies meet their legal obligations is unwavering.

The Pawnee Nation has always worked collaboratively with the State of Oklahoma on a Government‑to‑Government basis to protect clean air, clean water, healthy lands, and the well‑being of Tribal Nations citizens and Oklahomans. We will continue doing so, regardless of the SAFETEA rider or the Tenth Circuit’s decision.