Governor Kevin Stitt issued Executive Order 2020-24, announcing the formation of The Oklahoma Commission on Cooperative Sovereignty to address concerns and make recommendations to the State and the U.S. Congress in light of the recent U.S. Supreme Court decisions in McGirt v. Oklahoma and Sharp v. Murphy.

“We know that there is a lot of unpredictability right now,” said Gov. Stitt. “We are committed to working with all Oklahomans, Tribal and non-Tribal, to create a practical and sustainable path forward. This commission is the first step.”

Gov. Stitt has named Larry Nichols, co-founder of Oklahoma City-based Devon Energy, as chair of the commission. Other members include former U.S. Sen. Don Nickles, former U.S. Rep. J.C. Watts, Oklahoma Sen. Julie Daniels, Oklahoma Rep. Mark Lepak, Alan Armstrong, Brent Bolen, Suzie Brewster, Harold Hamm and Joe Robson.

Additional members may also include a representative of the Oklahoma Attorney General’s office, a member of the District Attorneys Council and representatives of Oklahoma’s federally recognized Indian Tribes.

“We absolutely need the partnership of the Tribes for this process to be successful,” said Gov. Stitt. “I respect and recognize the sovereignty of every Tribe in Oklahoma and look forward to working with every Tribe to ensure that we meet our shared economic, security and social goals.”

The commission will hear from leaders from various sectors of the state economy, local communities and the public. 

“While I appreciate the enthusiasm to rush into agreements, it’s vital that our next steps be thoughtful and informed,” said Stitt. “The Commission provides all Oklahomans with a central platform to help determine what those next steps might be.”

Per the Executive Order, state agencies, boards or commissions that believe they may be impacted by the McGirt decision are ordered to submit a Notice of Potential Impact by August 28, and a more detailed Report of Potential Impact by Sept. 30.

On July 9, 2020, the U.S. Supreme Court held the Muscogee (Creek) reservation was never disestablished. As it stands, these decisions alter the state’s legal jurisdiction and law enforcement capabilities on potentially a significant portion of eastern Oklahoma, creating uncertainty for many Oklahomans.

U.S. Senators Jim Inhofe (R-OK) and James Lankford (R-OK) and Representatives Frank Lucas (OK-03), Tom Cole (OK-04), Markwayne Mullin (OK-02), Kevin Hern (OK-O1) and Kendra Horn (OK-05) spoke on the relationship between the state and the tribes and the ongoing negotiation between Oklahoma Attorney General Mike Hunter and Tribal Nations on a proposal to Congress following the decision by the U.S. Supreme Court in McGirt v. Oklahoma.

“Following the McGirt decision, we appreciate the essential input and recommendations of Tribal Nations and the Oklahoma Attorney General on how all Oklahomans can cooperate together in the days ahead. Many legal questions remain that will require clarifying legislation. We look forward to working with the Tribal Nations, the state, and all stakeholders, to develop a legislative framework that honors tribal sovereignty and gives consistency and predictability to all those living and working in Oklahoma. While there are valid questions and concerns that have caused confusion for individuals, business, and law enforcement, we expect federal legislation to provide greater clarity for everyone. We all want and expect our state to be safe and prosperous. Working together as neighbors, we will accomplish this enormous task together.”