State Leaders Meet With Tribal Leaders To Study History Of Tribal Compacts In Oklahoma

For two days this week members of the Oklahoma House met with tribal leaders, working on ways to compact going forward in ways that are mutually beneficial to the state and the tribes.

Friday, November 10th 2023, 4:20 pm

By: Haley Weger

OKLAHOMA CITY -

Lawmakers have been digging into the history of tribal compacts in Oklahoma and how to better the relationships between state and tribal leaders.

“The takeaway from me on the study was, at the end of the day, we are all Oklahomans,” Rep. Jon Echols (R-OKC) said. “We need to find a way to come together as we have done in the state’s history.”

For two days this week members of the Oklahoma House met with tribal leaders, working on ways to compact going forward in ways that are mutually beneficial to the state and the tribes.

“There is a willingness by all parties to work together, to find a solution,” Speaker of the House Charles McCall said. “[For] all the people in the state of Oklahoma.”

Compacts between the state and tribes usually have a term of 10-15 years, meaning most members of the legislature weren’t in office when the last compacts were written.

McCall says he called for this interim study to dig into the history of current compacts, and some that are expiring soon.

“The legislature does have the authority to negotiate compacts itself,” McCall said. “I want the legislature to have all of the historical knowledge of the compacts if they have to take them up in the future.”

Tribal leaders all say they think these conversations should occur more often, not just every decade when compact negotiations are on the line.

Tobacco and motor vehicle compacts will expire in one year. If Governor Stitt does not come to an agreement with the tribes, the state could lose out on millions.

Explainer: Oklahoma's Tribal Compacts

A lot of revenue between tribes and the state of Oklahoma is due to compacts. Oklahoma lawmakers and tribes have maintained compacts for decades now.

However, disputes about the compacts have created challenges for lawmakers and contention between some tribes and Oklahoma Governor Kevin Stitt.

Lawmakers recently decided to override Gov. Stitt's veto of two bills that would extend compacts about how the state and tribes share revenue from taxes on tobacco sales and motor vehicle tags.

Stitt expressed concern that unless the compacts are renegotiated, the U.S. Supreme Court’s landmark McGirt decision on tribal sovereignty, which says a large portion of eastern Oklahoma remains a Native American reservation, could allow tribes to undercut non-tribal retailers across that area.

For a brief overview of the conflict, CLICK HERE.

What is a tribal compact?

A compact is a type of contract between a state and tribes. Compacts between states and tribes put in place rules for the management of gaming activities, and how the state and tribes divide income from taxes on tobacco sales and motor vehicles. Although a compact is negotiated between a tribe and a state, the U.S. Secretary of Interior must approve it.

CLICK HERE for more information from Oklahoma.gov.

What is a gaming compact?

Oklahoma voters in 2004 approved SQ 712, which set up a model compact between the state and Native American tribes to regulate tribal gaming operations. The tribes were allowed to manage specific games in return for making payments to the state.

CLICK HERE for more information about Oklahoma's gaming compact.

What does Class III gaming mean?

The Indian Gaming Regulatory Act (IGRA) Class III includes all forms of gaming; lucrative, casino-style slot machines, and ball and dice games. Class III gaming needs a tribal ordinance to pass, but it also requires tribes to conduct Class III activities “in conformance with a Tribal-State compact entered into by the Indian tribe and the State.”

What is the State-Tribal Gaming Act?

Through the State-Tribal Gaming Act, the state laid out exact terms of its offer for a gaming compact to allow Class III gaming to each federally recognized tribe within Oklahoma. Oklahoma tribes interested in Class III gaming were able to simply accept those terms without negotiations that are usually necessary in other states.

CLICK HERE for more information from the Oklahoma Bar Association.