Stitt: `One set of rules' needed after McGirt decision
Key tribal leaders strongly opposed recommendations made Thursday by a commission appointed by Gov. Kevin Stitt that wants to limit the reach of the historic U. S. Supreme Court decision regarding Indian land in Oklahoma.
The governor's Commission on Cooperative Sovereignty made broad recommendations largely seeking to keep the status quo in Oklahoma despite the court's ruling that the Muscogee ( Creek) Nation's reservation was never disestablished.
Stitt said in a news conference the state and the tribes should work together to create one cohesive set of rules to guide Oklahoma forward in this post- McGirt reality. The Supreme Court in July ruled Jimcy McGirt, who was convicted in state court of sexual crimes against a child, was improperly tried in state
“Let tribes decide the best path forward by choosing whether or not to opt into agreements and negotiations through federal legislation that work best on filling gaps in criminal jurisdiction.”
Cherokee Nation Principal Chief Chuck Hoskin Jr.
court because he is a Native American and his crimes were committed within the Creek reservation.
“Rolling out one set of rules, regardless of your race, your gender, where you live in the state of Oklahoma — we believe that's just a fairness issue to be a successful state,” Stitt said. “We have to have one set of rules to regulate eastern Oklahoma and western Oklahoma.”
Federal legislation will be necessary to give Oklahoma guidance moving forward, Stitt said.
A day earlier, Attorney General Mike Hunter recommended the state's congressional delegation introduce federal legislation to allow the state and the tribes to compact on criminal justice issues, which was met with mixed reactions from leaders of the Five Tribes.
But emphasizing Oklahoma does not want the McGirt ruling to sow uncertainty among Oklahoma's business community, Stitt seems to want federal legislation that would reach beyond just criminal justice issues.
The anti-Indian bias coming through the commission's recommendations is shocking, said Principal Chief David Hill of the Muscogee (Creek) Nation.
“It is clear that current law allows us to work as partners with the state to address any and all changes prompted by the Supreme Court decision,” he said. “Demands for Congress to enact a one-size-fits-all federal mandate won't solve anything but will undermine tribal sovereignty throughout the Nation.”
The Commission recommended five broad principles “to ensure that we remain one Oklahoma” in light of the decision that has caused significant uncertainty in a myriad of state issues, including criminal justice, taxation, Indian affairs and environmental issues.
The commission recommended the following:
• All Oklahomans should be treated equally under the law.
• All Oklahomans should share in the funding of common services provided by the state to residents, including education, transportation, public safety environmental protection, courts and economic development.
• State laws and regulations should be applied consistently to all Oklahoma residents.
• The state must provide a level playing field for all businesses, regardless of where they are located.
• The state supports the sovereignty of Oklahoma's tribes in a way that is consistent with these principles.
The commission warns that in not following these principles, “we will take steps backward, toward two parallel societies.” The report did not delve into details of how the McGirt decision could affect state government.
Devon Energy Chairman Emeritus Larry Nichols, who led the commission, stressed the uncharted territory Oklahoma is in following the McGirt ruling means there aren't clear answers about the broad implications of the decision.
“The critical thing is that we come together now as soon as we can to resolve some of the uncertainty,” Nichols said. “People hate uncertainty. Businesses hate uncertainty.”
If Oklahoma doesn't clarify what the McGirt decision means for businesses, some may move out of state, he warned.
Cherokee Nation Principal Chief Chuck Hoskin Jr. accused Stitt of speaking out of both sides of his mouth by saying he respects tribal sovereignty while also advocating to limit the role of tribal governments.
“Let tribes decide the best path forward by choosing whether or not to opt into agreements and negotiations through federal legislation that work best on filling gaps in criminal jurisdiction,” Hoskin said. “There is no reason to upend tribal sovereignty or upend this historic McGirt decision when there are clear and better options to keep Oklahomans safe.”
Stitt and the state's largest tribes have sparred over renewing the state's tribal gaming compacts. The governor dismissed concerns that the disagreements in the gaming dispute could spill over into McGirt discussions.
He also did not directly answer multiple questions about whether he would like Congress to disestablish the Muscogee ( Creek) Nation's reservation and reservations of the other Five Civilized Tribes.
“All the options are on the table,” he said. “I think what we are focused on is fairness.” In a later statement from his press office, Stitt said the phrase “disestablishing the reservations” is designed to sow division, as opposed to helping create the clarity, fairness and unity the state needs.
The Supreme Court's ruling in McGirt is expected to lead to formal recognition that the reservations of the Cherokees, Chickasaws, Choctaws and Seminoles — roughly 18 million acres of land in Oklahoma — were also never disestablished by Congress.
The tribes, who celebrated the McGirt decision, would oppose federal legislation to disestablish their reservations.
The governor's commission does not include any tribal members and is predominantly made up of current and former lawmakers, business leaders and oil and gas industry interests. Stitt formed the commission in July, shortly after the Supreme Court's ruling.
When asked about the lack of indigenous representation, Stitt, who is not on the commission, pointed out that he is a member of the Cherokee Nation.