The Oklahoman

Stitt: `One set of rules' needed after McGirt decision

- By Carmen Forman Staff writer cforman@oklahoman.com

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.

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