The State of Oklahoma has reached an agreement with the Five Tribes in the hopes of more clearly defining where jurisdiction will fall following the Supreme Court’s decision in McGirt v. Oklahoma. The agreement, which was released Thursday, July 16, has yet to be ratified by Oklahoma’s Congressional delegation but will be brought before its members in the future.

According to the proposed agreement, the Five Tribes will possess jurisdiction in criminal cases over Native Americans in lands that fall under their respective territories, as well as non-Natives covered by laws such as the Violence Against Women Act. However, the State will maintain jurisdiction over all cases which do not involve an incident involving an Indian committed on tribal territory.

The released agreement included a request for the federal government to provide appropriate legal mechanisms to address the hundreds of convictions of Native Americans which could potentially be overturned due to the McGirt v. Oklahoma ruling.

No civil jurisdiction, such as taxation, will be impacted by the Supreme Court’s decision, the agreement stated.

While speaking of Thursday’s release, Oklahoma Attorney General Mike Hunter asserted, “Although there are many more details to be ironed out in the near future, we believe this agreement regarding civil and criminal jurisdiction is the best path forward for protecting the public and promoting continued economic growth in Oklahoma.”

Though the Supreme Court’s decision in McGirt v. Oklahoma focused specifically on the Creek reservation, it was predicted to apply to the rest of the Five Tribes — the Chickasaw, Choctaw, Cherokee, and Seminole tribes — whose land made up the majority of eastern Oklahoma before its establishment as a state in 1907.

In response to the agreement, Seminole Nation’s Chief Greg Chilcoat affirmed, “The Seminole Nation is pleased with the Supreme Court’s ruling upholding the Muscogee (Creek) Nation’s jurisdictional boundaries. We understand our relationship with the State is important, and that we are better together than we are apart. Through our relationship, we deeply understand the sovereign rights of both the State and Nation. As we work to move forward together, this will only strengthen how we both serve our communities and our people,” in a statement released to The Producer.

So far, the state has overturned the convictions of five other Native Americans following McGirt v. Oklahoma, including that of Wewoka man Joe Johnson, Jr.

U.S. Representative Tom Cole, who is a resident of Moore and member of the Chickasaw Nation, stated in an interview Thursday the agreement will be put into federal legislation that could be considered later this year.