Proposed law would require Oklahoma governor to reach out to tribes during compact talks
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An Oklahoma lawmaker wants to ensure the governor attempts to negotiate with tribal leaders by legally requiring it.
The proposal, introduced by Rep. Danny Williams, would direct the governor to offer to meet with tribal officials at least once a month during compact negotiations.
Williams, a Republican from Seminole, said he based House Bill 3119 off the principles of business negotiations.
“If we just get everybody to the table, I think we can make progress,” said Williams, who is also the House majority vice chair.
Tribal compacts at center of disputes expires in December
The proposal lands after months of controversy surrounding compact negotiations between the state and tribal governments. After some tribal leaders said last year that Gov. Kevin Stitt had refused to negotiate with them over expiring tobacco tax and car tag agreements, state lawmakers worked apart from the governor and voted to extend the deals as-is.
The compacts now expire in December, meaning time is ticking on negotiations with dozens of tribes. There are a few exceptions. The Apache, Chickasaw and Citizen Potawatomi nations all reached long-term tobacco tax agreements with Stitt earlier this month. Stitt also signed a separate car tag compact with the Chickasaw Nation.
House Speaker Charles McCall and Senate President Pro Tem Greg Treat said the new compacts show signs of progress. But they have also pushed for the Legislature to hold a central role in the process.
Williams’ proposal appears to be the only bill that directly addresses compacting with tribes, although that could change through amendments. It also remains to be seen how much traction the bill will have. Williams said some tribal leaders have expressed initial support.
More: Can state tax tribal citizens on reservations? Oklahoma Supreme Court considers case
He said his goal is to make sure the compact discussions don’t stall because of unnecessary delays. The proposal would set an initial weeklong window for the government-to-government talks. If no agreement is reached, the governor would then offer to meet once a month for up to one year.
“The intent is to set a process where we abide by it as professionals,” Williams said.
He said he believes compacting is especially crucial in light of McGirt v. Oklahoma, the 2020 Supreme Court ruling that has led to the affirmation of eight tribal reservations in eastern Oklahoma.
'A compact affects everybody in Oklahoma'
Federal law limits state powers over Native Americans on tribal lands, something Stitt has sharply criticized and challenged. Compacts would allow the state and tribes to come to terms over complex issues and define their roles moving forward, Williams said.
The state also could explore novel agreements, such as by partnering with tribal nations to expand health care access in rural areas, he said.
“No matter how you cut it, a compact affects everybody in Oklahoma,” he said.
The compact process also has drawn support from Attorney General Gentner Drummond, who said on Tuesday that Stitt’s recent negotiations with the Chickasaw and Apache nations “merit praise.” Drummond has criticized the governor in the past for failing to meet with tribal officials.
“I continue to believe the most prosperous path for all four million Oklahomans is one of mutual cooperation and respect," he said in a statement.
Molly Young covers Indigenous affairs. Reach her at mollyyoung@gannett.com or 405-347-3534.
This article originally appeared on Oklahoman: How an Oklahoma lawmaker wants to change state-tribal compact talks
