The controversy behind 2 tribal gaming compacts being considered by Oklahoma lawmakers

The Joint Committee on State Tribal Relations rejected Gov. Kevin Stitt’s request Wednesday to greenlight two gaming compacts with tribal nations over concerns the deals could lead to more casinos in Oklahoma County.

There was also debate over whether the committee had the power to approve the deals at all.

Stitt struck the agreements with the United Keetoowah Band and the Kialegee Tribal Town in 2020, after his attempts to rework the central state-tribal gaming agreement went nowhere.

The governor’s general counsel, Trevor Pemberton, told the 10 lawmakers on the committee the deals would benefit the state, because Oklahoma would be in line to receive a larger share of proceeds on more types of gaming than those covered by the model compact.

“It would be, certainly on a financial basis, a great win for the state of Oklahoma for these agreements to move forward,” Pemberton said.

Stitt doubled down on that stance after the meeting, calling the compacts a good deal and questioning why lawmakers didn't act.

"I don’t understand, why these guys can’t game and the other guys can,” the governor said. "They are federally recognized. I don't think most Oklahomans know the difference or understand why wouldn't we allow this tribe to game if 20 other tribes are able to game in the state of Oklahoma. That's what's a head-scratcher to me."

The United Keetowah Band is located within the Cherokee Nation Reservation, and the Kialegee Tribal Town is within the Muscogee Nation Reservation, meaning both have faced legal blocks to operating gaming within those jurisdictions. Neither of their elected leaders could immediately be reached for comment.

Several lawmakers raised questions about the deals, including a provision that could potentially allow the tribes to open casinos within the state’s most populous county if they received approval from federal regulators.

“I have extreme concerns with carte-blanche expansion into Oklahoma County, and I fear that is what this would create,” said House Majority Floor Leader Jon Echols, whose district is in Oklahoma City. Echols said he had heard from a number of constituents who were concerned about locating another casino in Oklahoma County.

In a letter sent to committee members and top lawmakers ahead of the meeting, Attorney General Gentner Drummond contended the committee could not approve the deals, because the Oklahoma Supreme Court had already rejected them.

“Proper respect for the law requires the conclusion that the Joint Committee lacks the authority to make valid that which the Oklahoma Supreme Court earlier declared to be invalid,” Drummond wrote.

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But Pemberton described Drummond’s stance as incorrect. He said the deals could become valid with the committee’s approval, and the court shot them down because the committee hadn’t signed off.

“What it did say is the compacts contain different terms than the model gaming compact, and therefore they must be submitted to the joint committee,” he said.

Lawmakers also questioned Stitt’s timing, because the governor asked for approval from federal regulators before seeking sign off from lawmakers.

Pemberton said the governor would resubmit the deals if that was a sticking point for the committee.

Sen. Brent Howard, R-Altus, who chairs the joint committee, questioned what assurance lawmakers would have the governor would do so. Pemberton assured lawmakers he would.

But lawmakers ultimately voted without any objection to reject the deals.

“I believe there are significant fatal flaws in the construction of this compact in the lands that are granted,” said Senate Majority Floor Leader Greg McCourtney, R-Ada, who made the motion to disapprove. “My opinion will not change over time.”

More: This long-running lawsuit is the latest dispute over Oklahoma tribal relations

The hearing marked the latest chapter in the governor’s long campaign against the main state-tribal gaming compact. He denounced the deal soon after he took office in 2019, claiming the state should get a higher share of proceeds from the operations. After his bid to renegotiate the main compact failed, he reached the standalone agreements with the United Keetoowah Band and Kialegee Tribal Town, as well as compacts with the Comanche Nation and Otoe-Missouria Tribe.

Federal regulators did not directly reject the deals outright, meaning they gained technical approval under federal law.

Several other tribes immediately sued to challenge those agreements in federal court, and that lawsuit has been ongoing for three years. Drummond is trying to get permission to bump Stitt’s attorneys from the case and concede the compacts are moot.

Editor's note: This was a developing story has been updated.

This article originally appeared on Oklahoman: Oklahoma legislators consider 2 tribal gaming compacts at Stitt's request