Oklahoma lawmakers seek $308 million for tribal justice, say McGirt 'bankrupting' tribes

Oklahoma's five members of the U.S. House are asking for more resources for tribes that are ramping up their criminal justice systems as a result of the McGirt decision.
Oklahoma's five members of the U.S. House are asking for more resources for tribes that are ramping up their criminal justice systems as a result of the McGirt decision.

Members of Oklahoma’s congressional delegation are seeking $308 million in federal money to help tribes in the state meet the law enforcement and judiciary obligations resulting from the affirmation of their reservations.

In letters dated Jan. 19, four U.S. House members from Oklahoma told top leaders of the Appropriations Committee that the funding was vital for tribal justice needs related to the U.S. Supreme Court decision in McGirt v Oklahoma.

“The result of the Supreme Court case has created a severe shortage of police and investigative personnel in tribal jurisdiction areas, which in turn has drastically increased federal and tribal law enforcement responsibilities,” the Oklahomans wrote.

“It has been over a year since the (McGirt) decision has passed and it is effectively bankrupting the affected tribes in Oklahoma.”

The letters were signed by Reps. Stephanie Bice, R-Oklahoma City; Tom Cole, R-Moore; Frank Lucas, R-Cheyenne; and Markwayne Mullin, R-Westville.

More: Stitt again blasts McGirt ruling, saying Martin Luther King Jr. might be 'disgusted' by decision

Rep. Kevin Hern, R-Tulsa, whose district includes parts of the Muscogee (Creek) and Cherokee reservations, wrote separately on Dec. 2 to top Appropriations Committee leaders to request more funding but did not specify an amount.

"To ensure the public safety of all Oklahomans, we are requesting increased funding for the Bureau of Indian Affairs (BIA) so that our tribal justice systems are able to process the additional criminal referrals," Hern wrote.

Landmark decision handed down in 2020

The Supreme Court ruled in the McGirt case in 2020 that the Muscogee reservation was never disestablished. Last year, the Oklahoma Court of Criminal Appeals, citing the McGirt decision, affirmed the reservations of the Cherokee, Chickasaw, Choctaw, Quapaw and Seminole reservations.

The decisions have had a major impact on law enforcement and judiciary systems in eastern Oklahoma since, under federal law, crimes involving Native Americans on reservations must be prosecuted in federal or tribal courts.

Federal and tribal authorities have taken responsibility for cases involving Native Americans in an area that includes about half the state’s population.

More: Supreme Court lets McGirt stand, will address related question

FBI Director Christopher Wray told a Senate subcommittee last year, “Since this decision, the FBI’s Oklahoma City Field Office has seen a drastic increase in the total number of Indian Country investigations and now has the FBI’s largest investigative responsibility.”

The House Appropriations Committee approved a bill last year that includes $70 million to boost funding for the state’s three U.S. attorney offices, the FBI, the Drug Enforcement Agency and the U.S. Marshal’s Service.

However, the House spending bill for the Interior Department, which includes the Bureau of Indian Affairs, added only $10 million for tribes to ramp up their criminal justice systems. The House killed an amendment by Cole last year that would have added $153 million for tribes.

The Oklahoma members sent their request to the Democratic chair and top Republican on the full Appropriations Committee and on the subcommittee that oversees spending for the Interior Department.

“The Choctaw Nation alone requires roughly $30 million for tribal courts and has spent roughly $19 million as a result” of the McGirt decision, the letters state.

“In addition the Cherokee Nation has spent $8.7 million on their Attorney General and court system, $2.5 million for law enforcement adjustments, and are expected to require an additional $15 to $20 million in judicial spending – these are only two of the involved tribes in Oklahoma.”

The Oklahoma members noted President Biden’s long-standing commitment to tribal sovereignty and said, “The federal government must uphold its trust responsibility and allow tribes to implement the needed public safety measures.”\

Tribal leader supports additional funding

Cherokee Nation Principal Chief Chuck Hoskin Jr. said Monday, "The Cherokee Nation applauds our Congressional leaders for taking necessary steps to support additional federal funding to assist in the expansion of our tribal criminal justice systems across our reservation lands in Oklahoma.

"The Cherokee Nation has dedicated more than $30 million of our own tribal dollars this fiscal year to hire more marshals, prosecutors and judges, and continues to see more costs for jail contracts, operations and staffing as we continue providing a blanket of protection across the Cherokee Nation Reservation."

Congress has not passed any of the annual spending bills, though the new fiscal year began on Oct. 1. The government has been running on a temporary spending measure due to expire Feb. 18.

Democratic and Republican leaders have been working on an agreement that would fund government departments and agencies at new levels through Sept. 30.

In their letters, the Oklahoma members said a long-term solution was necessary to meet the tribes’ needs on criminal justice but that funding for the short term must be granted.

This article originally appeared on Oklahoman: Oklahoma lawmakers say tribes need $308 million to meet McGirt needs