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The Oklahoma Commission on Cooperative Sovereignty, formed by Governor Kevin Stitt to explore the effects of the U.S. Supreme Court's ruling in McGirt v. Oklahoma, presented its recommendations in a press conference on Thursday morning.

Larry Nichols, the co-founder of Devon Energy, is the Chairman of the Cooperative Sovereignty, which includes other leaders in Oklahoma involved in law enforcement, government and the business community. Nichols laid out the recommendations the group came up with for Thursday’s press conference.

The first principle laid out by Nichols was that all Oklahomans should be equal. Nichols said Oklahomans should be treated equally by the law and the government they represent. He said they should be equally treated by their commonly elected officials.

The second principle focuses on all Oklahomans paying for common services. Nichols said we all benefit from these common services. He said not all roads are Native American roads or non-Native American roads. He added that schools, the environmental protection, the criminal courts and much more are shared by the citizens, so paying for those services should be shared.

The third principle focuses on the laws and regulations and how they should apply equally to everyone. Nichols said we shouldn't have segregated schools or segregated courts and jails because the Supreme Court did away with that flawed concept of "separate but equal."

Allowing all businesses to have a level playing field was the fourth principal discussed in Thursday's press conference. Nichols said all the regulations that are appropriate to make sure businesses function as they should should be common to all Oklahomans. He said we should not have zoning for one particular block of land be different from zoning across the street because it would cause chaos and uncertainty.

The final principle is sovereignty. Nichols said part of Oklahoma's history is the history of Native American Tribes. He said it is a part of Oklahoma's legacy that we've always been proud of.

In closing, Nichols said the critical thing is that we come together as soon as we can to resolve the uncertainty. Nichols said people and businesses hate uncertainty, and if people don't know what the rules are that govern Oklahoma, people and commercial businesses will leave for other states. He said that hurts the Tribes and every Oklahoman the same.

In a statement, Gov. Stitt said “The questions caused by the McGirt decision have put our state at a crossroads. But where some see a major challenge for our state, I see an opportunity. We can work together and secure our future as One Oklahoma, maintaining our diversity and sharing the vision of becoming a Top Ten state.”

Formed by Gov. Stitt under Executive Order 2020-24 to explore the effects of the U.S. Supreme Court's ruling, the advisory Commission recommended five principles to ensure consistency and stability for both the State of Oklahoma and Oklahoma’s Tribal Nations.

A more in-depth look at the principles provided by Nichols can be found below:

• All Oklahomans should be treated equally under the law, and fairly represented by their commonly elected State officials.
• All Oklahomans should share, as provided under Oklahoma law and without regard to race, gender or affiliation, in the funding of the common services provided by the State to its residents, including, but not limited to:

1. Transportation and infrastructure,
2. Education,
3. Public Safety and Corrections (law enforcement, firefighters, paramedics, and others),
4. Criminal and Civil Courts,
5. Environmental Protection,
6. Health and Human Services (such as Child Welfare),
7. Worker's Compensation and Unemployment Administration, and
8. Economic Development.

The responsibility of current and historic taxes, fees, and other levies established by the commonly elected officials of Oklahoma should be placed on all Oklahoma residents irrespective of race, gender, or affiliation in order to avoid the unequal and inequitable distribution of the costs associated with the common services provided to those residents by the State.

• Laws, regulations and government services as established by our commonly elected officials should apply consistently to all residents of Oklahoma regardless of race, gender or affiliation. To ensure that each resident obtains equal protection under the law, and access to essential common services:

1. The same laws, regulations, policies and means of enforcement should apply to all Oklahoma residents, except as to Trust-owned land.

• Oklahoma must provide a level playing field for all businesses to compete and flourish, regardless of where, within the boundaries of the State of Oklahoma, they are located. Only then will we attract and retain businesses in our great state.

1. Zoning, land use regulations, construction codes and permits should be consistent for all people, businesses and activities within established local jurisdictional limits and within unincorporated areas that are governed by Oklahoma law.
2. Except as to Trust-owned lands, mineral rights regulation and environmental regulation should remain the responsibility of the State to ensure these programs are administered and enforced consistently for all Oklahoma residents and businesses.

• The State of Oklahoma supports, values and embraces the culture and uniqueness of each of the tribes that reside within Oklahoma, and supports the sovereignty of these tribes in a way that is consistent with these principles.

A copy of the full report can be read here.

“This report from the Commission is the first step to addressing the uncertainty that we are facing, but there is still work to be done,” said Larry Nichols, Chair of the Commission on Cooperative Sovereignty. “I look forward to continuing to partner with the governor, our congressional delegation, tribal and state leaders and Oklahomans as we strive to build a better Oklahoma.”

“As governor, I represent members of all 39 tribes and all 4 million Oklahomans,” said Gov. Stitt. “This is why one set of rules is so essential to becoming a Top Ten state. These recommendations will help guide our response as we continue to work together with all stakeholders and provide clarity, fairness and unity for Oklahoma.”

On July 9th, 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. Gov. Stitt established the Commission on Cooperative Sovereignty to coordinate the State’s response and issue recommendations to the U.S. Congress and all Oklahomans.

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