Name: Oklahoma Gov. Kevin Stitt seeks role in talks about jurisdiction on Indian reservations
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Oklahoma Gov. Kevin Stitt seeks role in talks about jurisdiction on Indian reservations

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Chris Casteel Gov. Kevin Stitt on Friday urged leaders of the Five Tribes to “begin negotiations” on criminal and civil jurisdiction in eastern Oklahoma, though some tribes have already been engaged in talks with the state attorney general and are pursuing action in Congress.In a news release, Stitt said he wanted the tribes to negotiate with his office regarding jurisdiction in the wake of the U.S. Supreme Court ruling last year that major crimes involving Indians in the Muscogee (Creek) Nation’s reservation must be handled by the federal government because the tribe’s reservation was never disestablished.That decision, known as the McGirt decision, has been extended by state district courts to the other members of the Five Tribes — the Cherokee, Chickasaw, Choctaw and Seminole nations — meaning most of eastern Oklahoma has been declared Indian Country for the purpose of criminal jurisdiction.The Oklahoma Court of Criminal Appeals is expected to uphold the state district courts’ rulings that the reservations of the four tribes were never disestablished by Congress.“As all who have read the Supreme Court’s opinion know, the McGirt decision was limited to matters of criminal jurisdiction,” Stitt said Friday.“In that regard, ensuring the public safety of all Oklahomans and providing certainty and adequate resources for the men and women in law enforcement in eastern Oklahoma is of paramount importance.”Stitt’s release on Friday did not mention that Congress would have to first grant authority for any changes to federal criminal jurisdiction in Indian Country.Oklahoma Attorney General Mike Hunter last fall urged Congress to take such action. And last week, the heads of the Cherokee and Chickasaw Nation said they wanted Congress to give them the authority to negotiate agreements regarding when the federal government, the state and the tribes could assert criminal jurisdiction.Cherokee Nation Principal Chief Chuck Hoskin Jr. said Friday, “As we have said for a while, we believe the path is clear on criminal jurisdiction issues: Federal legislation should authorize compacting between the Cherokee Nation and the state. Compacting on these criminal matters will give tribes additional options to enforce the law without restricting the decisions of tribes that do not choose to use them.”The McGirt decision is also expected to have some impact on civil matters, including taxation and regulation, and officials have warned that uncertainty about jurisdiction could hinder business development.Hunter and the tribes negotiated for several weeks and came up with an agreement last summer to take to Congress regarding criminal and civil jurisdiction, but the Creeks and Seminoles disavowed the agreement. Members of the state’s congressional delegation signaled last year that they would likely wait to offer legislation until there was an agreement acceptable to all of the tribes.After the decision came down last July, Stitt formed a task force comprised of business executives and lobbyists, with no tribal members, to assess the impact. He also engaged agencies, including the Tax Commission, to estimate potential revenue losses to the state.In his release, Stitt said he has the “authority to negotiate and enter into cooperative agreements on behalf of the state” and that he was directing his special counsel for Native American Affairs to negotiate for him with the tribes.Stitt said Friday that “Oklahoma’s future success is dependent upon our common values of certainty, fairness and unity being embraced by all.”Hoskin said Friday, “On civil and taxation issues, as always we are ready to work with the state. The Cherokee Nation will continue to be a good partner in this state as it has proven for more than a century. Our objective remains to reach tribal and state agreements that are not based on fear or bias, but facts, and demonstrate a respect for tribal sovereignty.”Chickasaw Nation Gov. Bill Anoatubby said Friday, "We have long been engaged on issues relating to this case and look forward to deepening our government-to-government partnerships as more opportunities arise. We believe there is a clear path forward on criminal jurisdiction respecting Tribal, State and Federal sovereignty. We will continue to work toward durable frameworks that respect the law and bring us together to meet our shared goal to protect and serve all Oklahomans."Hunter recommended last fall that Stitt work with the state Legislature’s Joint Committee on State-Tribal Relations “to develop compacting ideas, negotiate with tribal governments and enact any legislation necessary to enter into compacts.”Stitt’s release on Friday doesn’t specifically mention working with the Legislature, though the Oklahoma Supreme Court ruled last year, in the midst of the fight over gaming compacts with the tribes, that the governor's authority to negotiate agreements only extends to elements that are expressly authorized by law. Legislative leaders sued Stitt over the limits to his authority and won.

Chris Casteel Gov. Kevin Stitt on Friday urged leaders of the Five Tribes to “begin negotiations” on criminal and civil jurisdiction in eastern Oklahoma, though some tribes have already been engaged in talks with the state attorney general and are pursuing action in Congress.In a news release, Stitt said he wanted the tribes to negotiate with his office regarding jurisdiction in the wake of the U.S. Supreme Court ruling last year that major crimes involving Indians in the Muscogee (Creek) Nation’s reservation must be handled by the federal government because the tribe’s reservation was...

Oklahoma Gov. Kevin Stitt seeks role in talks about jurisdiction on Indian reservations

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