Oklahoma lawmakers kill noncampaigndonor tribes compacts
Oklahoma Governor and Tribes Don't Agree on Tribal Gaming Tax
Ray Carter | October 26, 2023
Oklahoma law scuttles contracts with tribes that aren't campaign donors
Over the summer, lawmakers used extreme measures to approve tobacco agreements with a handful of tribes.
The actions taken to approve tobacco agreements with campaign donors appeared to violate decades of state law and legal precedent, even in the most charitable interpretation.
But on October 25, the same lawmakers on the United Committee on Interstate and Tribal Relations rejected casino gambling agreements for two small tribal governments, citing the highest legal objections, for example, the fact that these two tribes already received licenses from the federal government as required by law for the agreements.
While last summer's tobacco deal diverted millions of dollars from state governments in favor of the participating tribes, the proposed gambling deal would provide millions of dollars in new funding and would force the two tribes to pay the highest fees for gambling establishment monopolies.
But the two tribes that got approval for the gambling deal are the United Tribe of Quetua Indians and the Kiagi Tribal City, the poorest tribes that are not major campaign donors. Some larger tribes oppose the gambling compact, but they are major campaign donors.
Representatives of these two small tribes believe that the sharp difference in lawmakers' reactions to their gambling compact, after the same lawmakers canceled legal issues with other tribes' Tabassian compacts earlier this year, is due to the money they received during the campaign, not the legal issues.
"We can't generate dollars that can be spent on the campaign," says Jeff Vakosh, assistant leader of the United Quetua Band of Cherokee Indians. "Great tribes always say, 'If you're not on the table, you're on the menu.' And this is true. We're always on the menu." " said Stephanie Yacol, a mekko of Keagi Tribal City.
Tribes in similar situations get a completely different treatment from lawmakers.
Earlier this year, the members voted for one year of the tobacco agreement, which had decreased between staff and tribes, with some tribes that could not negotiate a new agreement with Governor Kevin Stit. 。 These agreements were actually a new year agreement, albeit an extension. For tribes with the seminol tribe, the expiration date of the previous Tobacco agreement was actually expired.
The provisions of the legislative cigarettes were formulated to give the tribes of millions of dollars and that the profits would increase in exponential exponences.
Based on the Federal Law, Oklahom cannot tax to cigarette products sold at tobacco stores in this federal tribe. According to the census, 9 and 5 % of the Oklahom residents have the origin of American Indians.
However, cigarette transactions passed by the legislative assembly this year were allowed to leave half of the tax burden, which significantly exceeded sales to tribal members.
"I'm disappointed that a big tribe is trying to push a small tribe."
According to the officials, the tribes receive $ 57 million each year in accordance with the contract, but according to the data of the census, the tribal is probably paid only $ 17 million. 。 In other words, the tribes have received an additional $ 40 million per year and $ 400 million in 10 years due to the conclusion of the legislative agreement.
Many tribes, including the Kiagi tribal cities, have benefited from the establishment of the legislative cigarette agreement, but the wording of the contract may have significantly increased tobacco income, so some tribes are potentially potential. He was a beneficiary.
According to a legally created tobacco agreement, its effects will be applied to tribal sales in the "Indian country" according to the Federal Law. Until recently, this word was mainly related to the tribal trust area, but with the court ruling in 2020, the border of residents, the Muskogi tribe, the Musukogi tribe, and the tribes that existed before the state established. I came to be done.
According to the federal government's documents, this means that a tobacco agreement has now expanded the territory applied to these six tribes of 18. 200 %. < SPAN> Earlier this year, the members of the Diet have been extended for a year of a tobacco agreement, which had decreased between the staff and the tribe, with some tribes that could not negotiate a new agreement with Governor Kevin Stit. Was decided. These agreements were actually a new year agreement, albeit an extension. For tribes with the seminol tribe, the expiration date of the previous Tobacco agreement was actually expired.
The provisions of the legislative cigarettes were formulated to give the tribes of millions of dollars and that the profits would increase in exponential exponences.
Based on the Federal Law, Oklahom cannot tax to cigarette products sold at tobacco stores in this federal tribe. According to the census, 9 and 5 % of the Oklahom residents have the origin of American Indians.
However, cigarette transactions passed by the legislative assembly this year were allowed to leave half of the tax burden, which significantly exceeded sales to tribal members.
"I'm disappointed that a big tribe is trying to push a small tribe."
According to the officials, the tribes receive $ 57 million each year in accordance with the contract, but according to the data of the census, the tribal is probably paid only $ 17 million. 。 In other words, the tribes have received an additional $ 40 million per year and $ 400 million in 10 years due to the conclusion of the legislative agreement.
Many tribes, including the Kiagi tribal cities, have benefited from the establishment of the legislative cigarette agreement, but the wording of the contract may have significantly increased tobacco income, so some tribes are potentially potential. He was a beneficiary.
According to a legally created tobacco agreement, its effects will be applied to tribal sales in the "Indian country" according to the Federal Law. Until recently, this word was mainly related to the tribal trust area, but with the court ruling in 2020, the border of residents, the Muskogi tribe, the Musukogi tribe, and the tribes that existed before the state established. I came to be done.
According to the federal government's documents, this means that a tobacco agreement has now expanded the territory applied to these six tribes of 18. 200 %. Earlier this year, the members voted for one year of the tobacco agreement, which had decreased between staff and tribes, with some tribes that could not negotiate a new agreement with Governor Kevin Stit. 。 These agreements were actually a new year agreement, albeit an extension. For tribes with the seminol tribe, the expiration date of the previous Tobacco agreement was actually expired.
The provisions of the legislative cigarettes were formulated to give the tribes of millions of dollars and that the profits would increase in exponential exponences.
Based on the Federal Law, Oklahom cannot tax to cigarette products sold at tobacco stores in this federal tribe. According to the census, 9 and 5 % of the Oklahom residents have the origin of American Indians.
However, cigarette transactions passed by the legislative assembly this year were allowed to leave half of the tax burden, which significantly exceeded sales to tribal members.
"I'm disappointed that a big tribe is trying to push a small tribe."
According to the officials, the tribes receive $ 57 million each year in accordance with the contract, but according to the data of the census, the tribal is probably paid only $ 17 million. 。 In other words, the tribes have received an additional $ 40 million per year and $ 400 million in 10 years due to the conclusion of the legislative agreement.
Many tribes, including the Kiagi tribal cities, have benefited from the establishment of the legislative cigarette agreement, but the wording of the contract may have significantly increased tobacco income, so some tribes are potentially potential. He was a beneficiary.
According to a legally created tobacco agreement, its effects will be applied to tribal sales in the "Indian country" according to the Federal Law. Until recently, this word was mainly related to the tribal trust area, but with the court ruling in 2020, the border of residents, the Muskogi tribe, the Musukogi tribe, and the tribes that existed before the state established. I came to be done.
According to the federal government's documents, this means that a tobacco agreement has now expanded the territory applied to these six tribes of 18. 200 %.
According to data obtained from the federal Bureau of Indian Affairs, the Muscogee (Creek), Choctaw, Chickasaw, Cherokee, Seminole and Quapaw tribes control just under 97, 760 acres of land.
But the new definition of "Indian land," which the Legislature did not change in the tobacco treaty, would limit it to an area of land within a radius of about 45.
In addition to this dramatic change, several lawmakers opposed to the new tobacco treaty said the agreement does not conform to current state law and possibly the Oklahoma Constitution because the tribes did not negotiate the agreement with the Governor of Oklahoma.
Oklahoma law states that "the Governor, on behalf of the State, shall have the authority to negotiate with federally recognized Indian tribal governments within the State and enter into cooperative agreements to resolve matters of mutual concern."
Article 6, Section 8 of the Oklahoma Constitution states that the Governor "shall regulate, by himself or in such manner as he may by law, all relations and affairs with the other States, and with the United States, and shall be the guardian of the peace throughout the State."
Supporters rejected these legal challenges. Lawmakers voted to hold a special session to approve a new tobacco treaty and override Stitt's veto.
Since 2015, the Cherokee Nation has contributed more than $1. 3 million directly to Oklahoma candidates and political organizations, including Democratic and Republican political action committees, according to the Oklahoma Ethics Commission.
The Chickasaw Nation has contributed more than $2. 5 million to political candidates and committees during that time, according to the Oklahoma Ethics Commission.
The Choctaw Nation has contributed more than $1. 5 million.
This amount does not take into account how much each tribe has spent on independent expenditures that are not direct contributions to candidates.
When tribes that are not campaign donors promote conventions, lawmakers take a different approach.
The parliamentarians have made a lot of efforts to allow the donor tribes to provide cigarette agreements for the tribe, which is a completely different alignment as Cheroki, Choktau and Chikasou. Occasionally, the unified group of red Ketoua Ketoua and the tribal megapolis Kiagi are harassing the incentive agreement they signed with Styt.
When the second tribe of the Game Data Contracts appeared before the Union Committee on the relationship between the state and the tribe this week, the parliamentarians were basically incentive to the federal government from the United States of the Ministry of Home Affairs. Raided.
The members of the committee mentioned the message directed by Gentenner Dramond. In his own messages, which is not considered an incapacitated legal decision, dramonds are basically fulfilled by state law, and the Allied Committee needs to recognize the contract before submitting to the federal government.
The chief lawyer of Trever Penburton and Governor Kevin Stit states that the law does not actually define a certain proximity, but only indicates that both impacts are obliged to maintain space. Ta.
"We cannot create the funds that were supposed to be used in the election campaign. The giant tribes talk every time.
Penburton tells the members that if the members of the Diet try, Penburn will tell you that the Governor's office will propose two one transaction to the federal government for the second time, and the committee will be approved. It was.
Despite the fact that the federal government's incentives should follow the footprints to encourage the Union Committee, they offer the governor's proposal to follow their wishes. I refused.
Some of the members of the committee were actually enthusiastic that the contract would lead to the expansion of Oklahom, especially the gambling surrounding Oklahom.
However, Oklahoma already has 130 casinos, and Penburton, surrounded by Oklahoma, already has a casino at Reminton Park, which belongs to the Chikaso subsidiary. Apart from this, he has not paid attention to the fact that the tribal casino is operated in Oklahoma in real time, and that the land is outside the historic reserved area of the Warner tribe.
According to a contract between the cherok e-Indian United Ketowa Band and the Kiaki Tribal Town tribe, each tribe is 12 to 15 % from the slot machine to the Send casino in the Oklahoma City area. He has paid an 18 % commission from his desktop game to the state.
In real time, none of the tribes contain a casino.
This rate is much higher than the rate the state actually receives from other tribes' casinos, which typically pay only 4-6% on slot machine winnings.