Oklahoma Corporation Commissioners and staff are busy looking into what prompted the Cheyenne and Arapaho Tribe’s attempt to enforce its own environmental regulations on oil and gas operations within its tribal boundaries.
Commissioners, as OK Energy Today reported last week, quickly responded with assurances to the oil and gas operators that they were looking into the matter. But it appears the letter was the result of a newly-created Environmental Protection Commission.
What prompted the concern was a July 7 letter sent by Billy Nichols, Environmental Director of the Cheyene Arapaho Environmental Protection Commission. It was mailed to all oil and gas operators operating within the territory of the Cheyenne and Arapaho Tribes.
“Pursuant to the sovereign authority of the Cheyenne and Arapaho Tribes and in accordance with federal law, this notice serves to inform all Oil and Gas Operators and Midstream Operators conducting operations within the territorial jurisdiction of the Cheyenne and Arapaho Tribes that the Cheyenne Arapaho Environmental Protection Commission (EPC) has been formally established and is now fully operational,” wrote Nichols.
He further stated that “effective immediately,” the EPC had been vested with the authority to inspect oil and gas facilities and associated infrastructure, monitor environmental conditions related to air and water quality and to enforce compliance with applicable environmental regulations. The environmental regulations included the Clean Water Act, the Clean Air Act and “all relevant federal, tribal and intergovernmental environmental protection standards.”
Nichols said failure to comply could result in the assessment of fines, issuance of enforcement actions and other remedial measures as “deemed necessary by the EPC to protect the health, welfare, and natural resources of the Cheyenne and Arapaho Tribes.”
The oil and gas operators within the tribal boundaries were “hereby directed to fully cooperate with EPC personnel and to maintain accessibility for scheduled or unscheduled inspections.”
It was in May when a bill was submitted to the Tenth Legislature of the tribe’s regular session. It was called “A Bill to create the “Cheyenne and Arapaho Tribe Environmental Quality Act of 2025.”
“The Legislature of the Cheyenne and Arapaho Tribes finds that it is necessary and proper to establish a comprehensive framework for environmental protection, including the creation of an Environmental Protection Commission, to promote the health, safety, and welfare of the Tribes and their lands, waters, and people.”
The bill also made it clear the tribe had the power to carry out the creation of the commission and its enforcement powers.
“The Cheyenne and Arapaho Tribes are duly recognized by the United States Secretary of the Interior as a self-governing, Sovereign Nation, that is a federally recognized Indian Tribe with all rights, privileges, and powers attended thereto as a sovereign government under a constitution approved by the Secretary of Interior.”
The EPC is located in Oklahoma City at 6608 N. Western Ave., Suite 628.
The letter is what prompted Corporation Commissioners to respond.
Commissioner Brian Bingman, who once was Secretary of Native American Affairs for the state, issued statement, saying, “as it sits today, the Cheyenne and Arapaho Tribes do no have the proper ‘Treatment as a State’ (TAS) designation by the federal government required to claim and execute this regulatory function.”
Commissioner Kim David, who chairs the 3-member board was equally firm.
““It’s important that we do not allow this letter to upend the flow of business for one of our states most important industries. We are in contact with our partner agencies on how best to address this issue and the agency has its own Pollution Abatement Department to address environmental concerns.”
Commissioner Todd Hiett pointed out that there have been legal questions raised in the past about the agency’s regulatory authority involving tribal governments.
“I believe further information from our tribal partners will be needed to understand what clarification they would like to see regarding regulation of the oil and gas industry. When these issues have risen in the past, tribal leaders met with the commissioners to discuss. In the meantime, we are confident that agency staff will continue appropriately regulating the industry and safeguarding public safety in accordance with OCC’s mission.”
Below is the full letter from the tribe to oil and gas operators:
PUBLIC NOTICE
CHEYENNEand ARAPАНО
TRIBES
★★★★ ***
Date: July 07, 2025
Establishment of Environmental Oversight Authority
To: All Oil and Gas Operators Operating Within the Territory of the Cheyenne and Arapaho Tribes.
Pursuant to the sovereign authority of the Cheyenne and Arapaho Tribes and in accordance with federal law, this notice serves to inform all Oil and Gas Operators and Midstream Operators
conducting operations within the territorial jurisdiction of the Cheyenne and Arapaho Tribes that the Cheyenne Arapaho Environmental Protection Commission (EPC) has been formally
established and is now fully operational.
Effective immediately, the EPC has been vested with the authority to:
1. Inspect oil and gas facilities and associated infrastructure;
2. Monitor environmental conditions related to air and water quality; and
3. Enforce compliance with applicable environmental regulations, including but not limited
to:
• The Clean Water Act (CWA);
• The Clean Air Act (CAA);
이 All relevant federal, tribal, and intergovernmental environmental protection
standards.
Failure to comply with applicable laws, regulations, and Commission directives may result in the assessment of fines, issuance of enforcement actions, or other remedial measures as deemed necessary by the EPC to protect the health, welfare, and natural resources of the Cheyenne and Arapaho Tribes.
The EPC is committed to working collaboratively with operators to ensure compliance while upholding the environmental integrity of Tribal lands. All operators are hereby directed to fully
cooperate with EPC personnel and to maintain accessibility for scheduled or unscheduled inspections.
Cheyenne and Arapaho Tribes – Environmental Protection Commission
6608 N. Western Ave, Suite 628 – Oklahoma City, OK 73116
T: 405-253-5421
CHEYENNEand ARAPAНО TRIBES
★★★★
For additional information, clarification of regulatory requirements, or to schedule a compliance consultation, please contact the EPC at:
Cheyenne Arapaho Environmental Protection Commission
6608 N. Western Ave, Suite 628, Oklahoma City, OK 73116
T: 405-253-5421
This notice shall remain in effect until further notice and will be distributed through official Tribal and public channels.
To access the Cheyenne and Arapaho Tribes’ Clean Air Act, Clean Water Act and the establishment of the Environment Quality Act please follow these steps:
1. Visit https://www.cheyenneandarapaho-nsn.gov/
2. Click on Quick Links at the top of the homepage
3. Select Forms and Files
4. In the search bar, type Clean Air, Clean Water Act or Environmental Quality Act.
By Order of the Cheyenne Arapaho Environmental Protection Commission
Billy Nichols – Environmental Director
Environmental Protection Commission
CHEYENNETRIBES AND ARAPAНО
★★★★ ★★★★
Cheyenne and Arapaho Tribes – Environmental Protection Commission
6608 N. Western Ave, Suite 628- Oklahoma City, OK 73116
T: 405-253-5421
