Creek, Seminole Nations disavow agreement
The Mus co gee( Creek) Nation and Seminole Nation said Friday t hey were not party to an agreement in principle aimed at clarifying criminal and civil jurisdiction in eastern Oklahoma in the wake of a momentous U.S. Supreme Court decision.
“I want to inform you that the Mus co gee (Creek) Nation is not in agreement with the proposed Agreement-inPrinciple document released yesterday by t he State of Oklahoma,” Principal Chief David Hill wrote in a letter to tribal citizens.
Seminole Nation Chief G re gP. Chil coat said in a news release that his tribe “has not formally approved the agreementin-principle announced by the other four tribes.”
The agreement was presented on Thursday as a framework endorsed by all members of the Five Tribes —Creeks, Cherokees, Chickasaws, Choctaws and Seminoles — and was expected to be used as the basis for federal legislation.
Hill's position throws the future of the agreement into question and was an apparent reversal from his stance on Thursday.
In a Facebook post on Thursday, Hill ac kn owledged an agreement had been reached and said he believed" it is in the best interest of our Nation to take a proactive approach and consider options that would maintain our Creek Reservation status but find creative
ways toad dressj uri sdictional conflicts between the Nation, State, and Federal government."
Some comments on his post were decided ly against the agreement in principle and accused the chief of sacrificing the nation' s sovereignty that had been affirmed by the Supreme Court.
The high court ruled on July 9 that the Creek reservation was never terminated and that a child rapist, Jimcy McGirt, at the center of the case should have been tried in federal, rather than state, court. The ruling regarding the reservation was widely expected to apply to the other members of the Five Tribes since they shared a common history and all had reservations before statehood.
The agreement announced Thursday was intended to clarify criminal and civil jurisdictions now that much of eastern Oklahoma is reservation land.
Under the agreement, the federal government and the state would essentially have concurrent jurisdiction over major crimes involving Indians in the reservation areas, while civil jurisdiction would be substantially unchanged.
The Supreme Court decision gave the federal government the authority to prosecute all major crimes involving Indian sin the reservations and stripped the state of jurisdiction over those cases. The decision ga vet rib esj ur isdiction over lesser crimes involving Indians.
Civil jurisdiction has been a somewhat muddled issue. Indian law experts, including attorneys who work for tribes, say the Supreme Court decision did not affect property rights, taxation and regulation of non-Indians.
Hill, chief of the Creek Nation, said Friday that the tribe will pursue inter governmental agreements that ensure public safety within its borders but would oppose any legislation that diminished its sovereignty.
Oklahoma Attorney General Mike Hunter said Friday that he was disappointed in Hill's position. Hunter said his office had been meeting regularly with leaders of the Five Tribes for two years about the issues in the Supreme Court case and that Hill's statements came "as a stunning and regrettable reversal of commitments and assurances to me."
He said, "This is neither in the best interest of the state of Oklahoma nor its tribal citizens. Legislation is necessary to clarify the criminal and civil uncertainty created by the McGirt decision. I am deeply disappointed in Chief Hill for withdrawing from this process. It is my hope that both t he Muscogee ( Creek) Nation and the Seminole Nation will recommit to our agreement on legislation that preserves public safety and promotes continued economic growth.”
Chilcoat said the Seminole Nation had not been part of any discussions with t he state“to develop a framework for clarifying respective jurisdiction sand to ensure collaboration among tribal, state and federal authorities regarding the administration of justice across Seminole Nation lands.
“Before the Seminole Nation will consider any such framework, the Nation requires respectful and meaningful government-to-government discussions directly with the state.”
Choctaw Nation Chief Gary Batton said Friday that nothing had been “given up” in the framework for the agreement.
“We are looking at ways to expand our sovereignty with the McGirt decision while balancing meeting the needs of our citizens and the communities in which they reside,” Batton said.
“Our commitment is to strengthen not weak en our tribal hard- earned rights to self-government. The best way to protect this is by having a `seat at the table' during any legislative discussions.”