Lawmakers aren't planning to study this Oklahoma-tribal relations issue

Oklahoma lawmakers aren’t planning to look into Gov. Kevin Stitt’s concerns about policing on tribal reservations this fall.

The governor’s recent reservation public safety task force recommended legislators hold an interim study tied to the issue. But no one filed paperwork to do that, and the final deadline to request an interim study was Friday.

Interim studies give lawmakers a chance to discuss and learn about policy issues ahead of the next year’s legislative session. Some topics they will consider include abortion pill access, land ownership by non-U.S. citizens and cellphones in schools.

Stitt’s task force, which wrapped up in May, had suggested an interim study to focus on the laws surrounding state-tribal policing agreements.

The governor has said streamlining those agreements could help clear up confusion over authority on tribal reservations. But tribal leaders have said for years that Stitt’s concerns are overblown, because most police agencies already have figured out how to work together.

It’s unclear how much traction the task force’s recommendations will gain. It’s also unknown how eager lawmakers are to dive into the dispute, particularly when the task force met and made recommendations without any formal input from tribal officials.

Legislative leaders have worked closely with tribal leaders in recent years, rejecting criticism from Stitt that his office should be in charge of negotiations with other governments. Since 2022, lawmakers have passed at least five state-tribal relations bills into law over the governor’s objections.

Why Oklahoma Gov. Kevin Stitt created the task force, and what they found

Stitt created the One Oklahoma Task Force in December after an altercation between Muscogee Nation Lighthorse police officers and Okmulgee County jailers, who disagreed over a jail booking. He said the incident served as a “stark reminder of the broken system created by the McGirt decision.”

He was referring to a landmark ruling on tribal reservations issued by the U.S. Supreme Court in 2020. Nine reservations have regained legal standing as a result of the decision. The state cannot prosecute Native Americans accused of committing crimes on those lands, a fact that has drawn the governor’s ire.

Working agreements between state and tribal agencies allow officers to arrest people on tribal lands regardless of whether they are tribal citizens. Then, the cases are passed on to the state, tribal or federal court that has the power to hear the case.

Stitt ordered the task force to come up with a uniform agreement that police agencies could sign. The task force ultimately recommended adding on to existing deals rather than creating a new one.

The group included state public safety officials, prosecutors, law enforcement officers and legislators. The two lawmakers who sat on the task force were Sen. Jessica Garvin, a Republican from Duncan who was defeated in the June primary, and Rep. Ken Luttrell, a Ponca City Republican who helps lead the Legislature’s Native American caucus.

Stitt also assigned two seats on the task force to representatives of tribal nations. Those spots went unfilled. The joint council of the Cherokee, Chickasaw, Choctaw, Muscogee and Seminole nations formally opted out, describing the task force as a political move to spread inaccurate information.

In addition to recommending an interim study, the task force suggested lawmakers consider passing a law to standardize contract incarceration rates at county jails. Tribal nations often contract with county jails to detain people who have been arrested or who are awaiting trial, and the rates they pay can vary widely.

The task force also recommended law enforcement agencies look into their data sharing practices and said police training should cover questions about jurisdiction on tribal reservations.

Abegail Cave, a spokesperson for the governor, did not immediately respond to questions about how the task force’s recommendations are being implemented and whether the governor supports any changes to state law to address the issue.