On Monday, Oklahoma Governor Kevin Stitt announced he has formed a new commission in the wake of the McGirt v. Oklahoma decision. The Oklahoma Commission on Cooperative Sovereignty is meant to advise the Governor on jurisdictional issues on criminal, civil and regulatory concerns.
No tribal leaders were named to the commission in the official announcement. Instead, it's composed of leaders in the oil and gas industry, former U.S. and State Senators and Representatives and business leaders.
The chair of the commission is Devon Energy co-founder Larry Nichols. Other members include former U.S. Sen. Don Nickles, former U.S. Rep. J.C. Watts, Oklahoma Sen. Julie Daniels, Oklahoma Rep. Mark Lepak, Alan Armstrong, Brent Bolen, Suzie Brewster, Harold Hamm and Joe Robson.
In a statement, Stitt says the commission may also include a representative of the Oklahoma Attorney General's office, a member of the District Attorney's Council and representatives from Oklahoma's federally recognized tribes.
"We absolutely need the partnership of the Tribes for this process to be successful,” said Stitt. “I respect and recognize the sovereignty of every Tribe in Oklahoma and look forward to working with every Tribe to ensure that we meet our shared economic, security and social goals."
MUSCOGEE (CREEK) NATION FORMS ITS OWN COMMISSION
Meanwhile, Muscogee (Creek) Nation Principal Chief David Hill formed his own commission and informed Stitt in a phone call that he hopes the Nation's commission can coordinate with the State.
Hill said the commission will be made up of Creek citizens, and will work to resolve some of the uncertainties around the McGirt v. Oklahoma decision and present recommendations to the Creek National Council.
Stacy Leeds is a law professor, scholar, and former Supreme Court Justice for the Cherokee Nation. She thinks it's proper that any government, when faced with a big legal event like the McGirt v. Oklahoma ruling, would form a commission or task force to thoughtfully think it through.
"You're looking right now in the news where all of the Tribal governments are huddling to decide what is their next step," said Leeds. "And I think it's very reasonable that the state of Oklahoma would do the same."
POSSIBLE FEDERAL LEGISLATION
Earlier in the week, Oklahoma's Congressional delegation put out a statement saying they are considering federal legislation to address any concerns arising from the McGirt v. Oklahoma decision.
Senators Jim Inhofe and James Lankford (R-OK) and Representatives Frank Lucas, Tom Cole, Markwayne Mullin, Kevin Hern and Kendra Horn said many legal questions remain that will require clarifying legislation.
"While there are valid questions and concerns that have caused confusion for individuals, business, and law enforcement, we expect federal legislation to provide greater clarity for everyone," the statement read. "We all want and expect our state to be safe and prosperous. Working together as neighbors, we will accomplish this enormous task together."
Hill said he believes any federal legislation would erode the decision handed down by the Supreme Court nearly two weeks ago.
"I don't agree that federal legislation is needed because any jurisdictional issues can be resolved on a government to government basis through intergovernmental agreements or compacts," Hill said in https://youtu.be/-_ebQsU_EeU" target="_blank">a video statement.
Leeds says there shouldn't be a rush to introduce federal legislation and that Oklahoma's Congressional Delegation should follow the model that the Tribes and the State are taking—pumping the brakes.
"To sort all of this out may take a little while, but it's doable," said Leeds.
TAKING TIME BEFORE MOVING FORWARD
Tribes have slowed from an agreement-in-principle to take in criticism from citizens and community members and weigh all the options and legal ramifications stemming from the McGirt v. Oklahoma decision.
Earlier this week, Cherokee Nation Principal Chief Chuck Hoskin Jr. said that while Cherokee Nation, Choctaw Nation and Chickasaw Nation still support the agreement in principle, they were going to pause before moving forward.
"What we committed to do was more listening," said Hoskin Jr.
Hoskin Jr. said leaders of the three Tribes still support the agreement in principle but wanted to strike a balance between still being at the table to see the agreement to legislation and making sure more people are included in the process.
"I think that for the two Tribes who have formally pulled out and for the three Tribes that said that they're going to reflect and engage with their citizens... I think that that's probably in everybody's best interest now. You know, the state the same thing," said Leeds.
While each of the Five Tribes is taking time to get more input, one thing remains clear: preserving sovereignty reaffirmed by this month's Supreme Court Decision is a priority.
