Multiple tribes urge rejection of gaming compacts

The gaming compact Oklahoma Gov. Kevin Stitt signed with the Comanche Nation is a" provo cat ive attack on Chickasaw Nation sovereignty," writes Chickasaw Nation Gov. Bill Anoatubby.

Wichita and Affiliated Tribes President Terri Parton describes that compact as "a direct threat to the jurisdiction al and governmental authority of the Wichita and Affiliated Tribes."

Anoatubby and Parton are among leaders and attorneys of a number of Oklahoma tribes who have joined Oklahoma Attorney Gen. Mike Hunter in writing letters to the U.S. Department of the Interior urging rejection of Stitt's proposed gaming compacts with the Comanche Nation and Otoe-Missouria Tribe.

The depth of the bad feelings the gaming compact shave created between Oklahoma tribes became clear this past week when other gaming tribes voted to suspend the Comanche and Otoe-Missouria tribes from membership in the Oklahoma

Indian Gaming Association.

Leaders of other tribes are incensed by provisions in the compacts that purport to offer the state's approval for the Comanche Nation and Otoe- Missouria Tribe to pursue federal au thoriza ti onto construct new casinos outside their traditional tribal jurisdictions

and, in some cases, within the tribal jurisdictions of other tribes.

Under terms of the agreements now awaiting federal approval, the O toeMissouri a Tribe would receive the governor' s blessing to build three new casinos in Logan, Noble and Payne counties, while the Comanche Nation would receive the governor' s approval to build new casinos in Cleveland, Grady and Love counties.

All or portions of t hose counties lie outside the traditional jurisdictions of the Otoe- Missouria Tribe and Comanche Nation and within thej uri sdictions of the Caddo, Citizen Pot aw a to mi, Delaware, Iowa, Ponca, Sac& Fox, Chickasaw and Wichita and Affiliated Tribes, Stephen Greetham, senior counsel for the Chickasaw Nation, said in a 22-page legal analysis of the compacts prepared for Gov. Anoatubby.

“Off-reservation trust acquisitions are always controversial, but these provisions seem particularly designed to provoke discord and to disrupt Oklahoma Indian country,” Greetham wrote.

Granting state approval for the Comanche Nation to build a Love County casino in the middle of the Chickasaw Nation's tribal jurisdiction signals “a profound disrespect for Tribes and Tribal sovereignty, on the part of both Governor St it ta nd, unfortunately, the Comanche Nation ,” Greetham wrote.

Quapaw Nation Business Committee Chairman John L. Berrey expressed similar concerns in his letter to

U.S. Department of Interior officials.

“Gov. Stitt's strategy is transparent — he wants to bully Oklahoma tribes until we pay him to stop,” Berrey wrote .“Throughout the course of the governor' s ruse, he has attempted to divide Oklahoma' s tribal nations, which would make it easier for him toge tan agreement he wants.”

“The Governor is pitting tribes against one another to see which tribe will pay the most for along-shot opportunity at prime gaming location ,” Ber rey stated. “Gov. St it th as had two takers so far, and has stated that he intends to continue dealing. If he is not stopped, the end-result will be a second `land run,' where the state would get increased revenue and authority, while the tribes concede sovereignty in exchange for unfulfilled governmental promises.”

In the Wichita and Affiliated Tribes' letter to Department of the Interior, Part on cited numerous previous instances where federal officials have rejected compact language that purported to authorize casinos on land not already within a tribe's jurisdiction.

“Likewise, the Comanche and O toe proposed compacts should bed is approved because of the illusory nature of the Governor's purported prospective off-reservation gaming acquisition concurrence,” Parton stated.

Rob Rosette, attorney for the Comanche and O toe-Missouri a tribes, acknowledged that obtaining federal approval to build a casino outside of a tribe' s traditional jurisdiction is a long and difficult process and said it is uncertain whether the two tribes would seek to do that if the comp acts are approved.

However, he said the tribes have historical and modern ties to the land that he believes could make federal approval possible.

“If and when they ever pursue an off- reservation location ,... they believe that they're up to the task to provide all the information necessary to pass scrutiny of the federal government,” Rosette said.

Rosette said obtaining the approval of a governor in a state is often one of the most difficult hurdles to clear in gaining federal approval. He said if the compacts receive federal approval, at least the tribes would be that far along if they should decide to move forward.

The letters that the attorney general and leaders of other tribes have written to the Department of the Interior cite numerous reasons they believe the compacts are illegal, including provisions designed to to permit the two tribes to engage in sports betting and house-banked card and table games.

Attorney General Hunter has written an official attorney general opinion that those types of games are not permissible under state law.

Meanwhile, the Oklahoma governor' s office and Comanche and O toeMissouri a leaders have staunchly defended the two compacts, with the governor's office contending they are not only legal, but also that they “deliver unprecedented guarantees of clarity, stability, and transparency for all sovereign parties.”

The U.S. Department of the Interior is required to render its decision on the two compacts by June 8. The federal agency can approve them, reject them or let them go into effect without action.

Even if the compacts gain federal approval, it would not be a green light for the two tribes to engage in everything mentioned in the compacts.

The tribes could not, for example, start building casinos outside their tribal jurisdictions without obtaining further federal government authorization.

Whether they could start taking sports bets is unclear. Stitt and the Comanche and Otoe-Missouria tribes have taken the position that federal law preempts state law on Indian gaming matters so sports betting would be allowed.

Other tribes see it differently.

“Even if it' s deemed approved by Interior, that doesn' t mean they don' t have state l aw problems,” said Sara Hill, attorney general for the Cherokee Nation. “If it is deemed approved it would just be the beginning of possible state challenges and tribal challenges of these compacts.”

“House-banked card games, house-banked table games and events wagering or sports book would remain criminal acts under Oklahoma law, so anontribal Oklahoma citizen who may go to one of these facilities would be violating state law and subject to criminal sanctions and penalties,” con tends Greet ham, the attorney for the Chickasaw Nation.

“This is why it's so important to follow the rules and make sure each of the governments that have an interest in these compacts are fully onboard with the authority to bind themselves ,” Greet ham said .“If you don' t, you' ll end up playing Whack a Mole with all of the myriad of legal issues that will come up and result in litigation and destabilize economic activity in Oklahoma.”