On April 21, officials from the state of Oklahoma and the Comanche Nation and Otoe-Missouria Tribes signed new gambling compacts. Soon after, the Chickasaw Nation, Quapaw Nation and the Wichita & Affiliated Tribes issued memos to U.S. Secretary of the Interior David Bernhardt contesting the legality of those compacts and supporting Oklahoma Attorney General Mike Hunter’s opinion that the compacts are invalid. In response, the Comanche Nation and Otoe-Missouria Tribe presented their side of the situation in a memo to Bernhardt, noting their compacts are legal and similar to many other previously-approved gaming compacts.
Comanche Nation Chairman William Nelson Sr. and Otoe-Missouria Chairman John R. Shotton stated “each feature of the agreements has been part of previously approved compacts over the last several decades. The complaints from our fellow tribes have no legitimate legal basis, as the compacts are legal, were negotiated in good faith and should be approved. These compacts are the product of the most fundamental aspects of tribal sovereignty.”
The Comanche Nation and Otoe-Missouria Tribe noted the compacts “were validly formed due to the governor of Oklahoma having the authority to enter into these tribal gaming agreements without approval from the other branches of government.”
In addition, the tribes stated, “The compacts include the meaningful concessions from the state required for federal approval.” As proof, they noted the compacts reduce the tribes’ revenue sharing payments while still maintaining the benefits of the previous compact.
Also, the Comanche and Otoe-Missouria pointed out, “The compacts do not erode tribal sovereignty.” The two tribes said they had to decide whether to continue litigation against the state or engage in good-faith negotiations with the state. Both tribes are plaintiffs in the lawsuit against Governor Kevin Stitt, who claims tribal compacts expired on January 1; tribes argue the compacts automatically renewed.
Also, the tribes said they both have long-term historical ties with their land, and that gaming compacts alone don’t necessarily make those lands eligible for gaming. They acknowledged they must follow the established process for final approval of any land acquisitions.
“Our compact is legal and we look forward to approval from the Department of the Interior,” Nelson said. A ruling was expected on or before June 8.
As a result of signing separate gaming compacts with the state, the Oklahoma Indian Gaming Association suspended the Otoe-Missouria Tribe and Comanche Nation through the end of 2020.
