On July 9, 2020, the Supreme Court of the United States held the Muscogee (Creek) reservation was never disestablished in the State of Oklahoma. As it stands, this decision alters the State's legal jurisdiction and law enforcement capabilities on potentially a significant portion of eastern Oklahoma, creating uncertainty for many Oklahomans in numerous areas of life and law. In view of the magnitude of the potential consequences to the State of Oklahoma, after consultation with members of the Cabinet, members of the legislature, and civic and business leaders from across the State, I believe a commission is needed to lead the State's efforts in response to the recent Supreme Court decision. Therefore, I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution hereby order the formation of The Oklahoma Commission on Cooperative Sovereignty to address concerns and make recommendations to the State and the United States Congress in light of the recent Supreme Court decision in McGirt v. Oklahoma. The Commission is hereby ordered to: 1. Review and evaluate the implications of the Supreme Court decision in McGirt for the future of Oklahoma's economy and general welfare; 2. Assess and propose recommendations in specific areas including agricultural, criminal and civil jurisdiction, economic policies, taxation, and land and trust policies; 3. Collaborate with Tribal leaders to develop responses that reflect the sovereign-to-sovereign relationship between the State and Tribal Nations; 4. Provide a forum to hear from, and engage with, leaders from various sectors of the Oklahoma economy, local communities, Oklahoma's Indian Tribes, and Oklahoma's residents so they may share their concerns and opinions, which will contribute to and help inform the Commission's policy recommendations; 5. Work with the Office of the Governor to provide guidance to the Oklahoma congressional delegation on the appropriate federal response; and 6. Issue a report with recommendations to the Governor. The Commission will be composed of leaders from various spheres including law, government, and business. Invitations to participate as a member of the Commission may be extended to a member (or designee) of Oklahoma's congressional delegation, a member of the State House of Representatives, a member of the State Senate, a representative of the Oklahoma Attorney General's office, a member of the District Attorneys Council, and at least one representative of one of Oklahoma's federally recognized Indian Tribes. The Governor, or his designee will chair the Commission. In addition to the foregoing, I hereby order any State agency, board, or commission that believes it may be impacted by the McGirt decision to submit a Notice of Potential Impact to the Chair of the Commission by August 28, 2020. Said Notice only needs to include the name of the agency, preferred point of contact, and contact information. If an agency, board, or commission does not anticipate any impact then no action is necessary. Any agency, board, or commission that submits a Notice shall also submit a more detailed Report of Potential Impact by September 30, 2020. The Report shall specify the area(s) in which the agency anticipates an impact, the nature and extent of the impact, including fiscal impact, and what, if any, steps it has taken, or suggests be taken, to mitigate the potential impact. Staff support and research, as needed and as requested, will be provided by those State offices, boards, commissions and agencies best positioned to provide the same. This Executive Order shall be forwarded to the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma Senate, the Attorney General of the State of Oklahoma, to the members of the Governor's Cabinet, and to the administrative heads of all State agencies, boards, and commissions, who shall cause the provisions of the Order to be implemented. IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma this 20th day of July, 2020. BY THE GOVERNOR OF THE STATE OF OKLAHOMA J. Kevin Stitt Michael Rogers Secretary of State
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