Tribal leaders join in push for tobacco compact extensions

OKLAHOMA CITY – More than 20 Oklahoma tribes have submitted a formal written request to Gov. Mary Fallin for more time to negotiate expiring tobacco compacts.

Signed by 22 tribal leaders Monday, March 18 at a meeting organized by the Muscogee (Creek) Nation, the letter asks that the negotiation deadline be extended from June 30 to Aug. 30, with current compact rates remaining in effect during the additional two months.

Tobacco compacts for 28 of Oklahoma’s 39 federally recognized tribes expire in June. So far, only one tribe, the Kaw Nation, has signed a new compact. It takes effect July 1.

“There were a number of things considered before the leaders decided to use this method,” Muscogee (Creek) Nation Principal Chief George Tiger said. “The meeting revolved around the ability to have good faith negotiations and test the waters for extensions.

“We feel that as much as tribes are contributing economically to the state, this is another message we wanted to send and see how serious the state looks at tribal governments. We feel adamant that there are a lot of things we are doing to impact the state of Oklahoma.”

After signing a tobacco compact last year, Muscogee (Creek) Nation officials scheduled the inter-tribal meeting to share their negotiating experiences with other tribal leaders who are facing expiring compacts.

State Rep. Jerry McPeak (D-Warner), a citizen of the Muscogee (Creek) Nation who was one of the facilitators of the Muscogee (Creek) Nation’s tobacco compact talks, also helped with last week’s meeting.

“We wanted to share the experiences we’ve had with negotiations so far,” McPeak said. “This shared knowledge and experience will hopefully make our tribes stronger in their ability to deal with the state.”

Among the larger tribes represented at the meeting was the Osage Nation, which sold more than 3.5 million packs of cigarettes in 2011. About one-third of those sales were at a reduced border tax rate. State representatives have maintained that they do not want to keep border rates, which provide lower tax rates for tribal smoke shops within 20 miles of Oklahoma’s borders with Arkansas, Kansas or Missouri, which have lower tobacco taxes than non-tribal Oklahoma smoke shops.           

“We want to be unified in our efforts in the renegotiation and ensure all are treated fairly,” Osage Chief John Red Eagle said.

Jeff Haozous, Chairman of the Fort Sill Apache Tribe, headquartered in Apache, was among those signing the letter. With about 700 enrolled citizens, the tribe is one of nine in Oklahoma that does not have a tobacco compact. Haozous said he signed the letter in a show of solidarity. 

“My signature was not a reflection of our tribe’s formal position,” Haozous said. “For that, I would need authorization by our business committee. It was my own expression of support for the other tribes and their leaders.”

Aaron Cooper, a spokesman for Gov. Fallin’s office, said late last Wednesday that the governor had received the letter but would not comment on it until after reviewing it.

The letter’s signers have asked for a response by April 3.

“One single strand of horse hair isn’t strong, but 20 is,” McPeak said. “I hope these leaders can present a united front.”