“The majority of tribes in Oklahoma stand united behind the principle of good faith negotiations between the state and tribes over matters that are economically important to both our peoples,” said George Thurman, Principal Chief of the Sac & Fox Nation and Chairman of the United Indian Nations of Oklahoma, Kansas, and Texas (UINOKT).
Stemming from a case involving the Citizen Potawatomi Nation in the early 1990s, the U.S. Supreme Court ruled that the state could not tax commercial activity between natives and native smoke shops on their land, while stating that non-Indian sales on Indian land could be taxed by the state. This mixed decision led to the first Oklahoma tribal tobacco compacts.
In late 2012, the tribes received a letter from Governor Mary Fallin notifying them that the current compacts, scheduled to expire on June 30, 2013, would indeed terminate. Since Governor Fallin took office, Oklahoma tribes have been waiting to establish good working relations with the governor’s office, and the first real issue to come before her office regarding tribes has been the tobacco compacts.
“We had hoped that there would have been better, more effective, and more respectful communication between the state and the tribes regarding the upcoming deadline of the tobacco compacts, which bring millions annually to the State of Oklahoma, as well as tribal treasuries,” added Thurman. “We were doing what we were supposed to, and the state decided to move the goal post in the middle of the game.”
Three tribes have reached three separate agreements with the state.
“While we respect the right for each tribe to sign a tobacco compact to meet their needs, let us be clear that none of those compacts are binding on the tribes in the absence of effective government-to-government consultation,” said Don Patterson, President of the Tonkawa Tribe.
Chief George Thurman of the Sac Tribe
“They’re treating us as Indians and not enterprises,” said Wallace Coffey, Chairman of the Comanche Nation. “We feel that there are other issues that are more pressing from the tribal government standpoint than tobacco. Sadly, there appears to be a pattern of behavior from this Governor. They’ve dismantled the Indian Affairs Commission; we were not consulted on opting out of the Affordable Care Act, and the state has been noticeably silent regarding the Indian Child Welfare Act case pending before the Supreme Court.”
“The economic success of Oklahoma is reliant upon tribes and tribal entities. The federal sequester is impacting the state and tribal economies. This is the time for us to work together for common ground,” added Thurman.
“Communication is vital to the success of both of our economies,” said Thurman. “The Governor has been uneven in the performance of that historic relationship. As the key economic partner and (with tribes collectively being) one of the state’s largest employers, we should have the opportunity to sit across the bargaining table from the Governor. We have not been afforded that opportunity.”