Attorney General and Five Tribes Release Agreement in Principle for Criminal, Civil Jurisdiction


Attorney General Mike Hunter and tribal leaders collaborating after the McGirt v. Oklahoma decision Thursday released an agreement in principle for proposed federal legislation that will clarify respective state and tribal jurisdiction in both criminal and civil matters.

To read the agreement, click here.

The agreement did not specifically point to the impact on energy regulations.  But under the heading of Civil Jurisdiction, it noted:

“Provide and affirm the State’s civil jurisdiction over all persons throughout the treaty territories, except on Indian trust or restricted lands, but legislation would not grant the State jurisdiction to regulate or tax, directly or indirectly, any Tribe,
Tribal official, or entities owned or operated by one of the Five Tribes. Also, the legislation would not affect jurisdiction over Tribal rights relating to hunting, fishing, or water that are protected by Federal law.”

The attorney general released the following statement on the progress being made.

“Although there are many more details to be ironed out in the near future, we believe this agreement regarding civil and criminal jurisdiction is the best path forward for protecting the public and promoting continued economic growth in Oklahoma,” Attorney General Hunter said. “My commitment to our tribal partners is to work together to forge common ground on the issues brought to light by this case. Oklahoma’s tribal nations are a fundamental part of Oklahoma’s culture, economy, politics and governance. The relationship between the tribes and my office is based on trust and mutual respect. And that synergism has been essential to the successful formation of this important agreement.”

In addition to Thursday’s announcement, the state and the tribes are continuing to collaborate on the immediate provision of public safety on-the-ground, including law enforcement and child welfare matters.

Source: Attorney General