State Congressional Delegation Members Seek Additional Funding Following McGirt Decision

Members of Oklahoma’s congressional delegation are asking the Biden administration to provide hundreds of millions of dollars in additional funding to help the state’s Five Civilized Tribes cover the cost of “dramatically expanded” legal infrastructure in the wake of the U.S. Supreme Court’s decision in McGirt v. Oklahoma.

In a letter last month to leaders of the House Appropriations Committee, Representatives Bice, Cole, Lucas and Mullin detailed the numerous ways in which the Cherokee, Chickasaw, Choctaw, Creek and Seminole Nations have been burdened by the Court’s ruling that the state does not have jurisdiction of certain crimes committed in Indian Country, and asked “that you fulfill President Biden‘s long-standing goal of honoring tribal sovereignty and appropriate additional funding of $308 million to the BIA for tribal justice needs in Oklahoma.”

Native American Congressman Tom Cole (R-OK4) says, since the Supreme Court decision came down two summers ago. both the Trump and Biden administrations have allocated extra money for the tribes, but with no long-term solution at hand, it's important to consider short-term fixes.

"The tribes are now spending literally tens of millions of dollars collectively on police, prosecutors and courts," said Rep. Cole in a recent interview.

Right now, Cole says, funding is about the only help Congress is going to provide.

"Anybody who’s waiting for a magic solution in Washington is going to be sorely disappointed," said Cole. "There’s not going to be agreement in Washington until there is agreement in Oklahoma."

And that seems a long way off.

Governor Stitt has shown little interest in negotiating with the tribes, instead hoping the Supreme Court would agree to reconsider McGirt, which last month it said it would not do. The court did agree, however, to take up a related question: whether the state has the authority to prosecute non-Indians who commit crimes against Indians in Indian Country.