Oklahoma § 74-1221 - Indian tribes - Acknowledgment of federal recognition Cooperative agreements - Surface water and/or groundwater resources

§ 74-1221. Indian tribes - Acknowledgment of federal recognition Cooperative agreements - Surface water and/or groundwater resources

A. The State of Oklahoma acknowledges federal recognition of

Indian tribes recognized by the Department of Interior, Bureau of

Indian Affairs.

B. The State of Oklahoma recognizes the unique status of Indian

tribes within the federal government and shall work in a spirit of

cooperation with all federally recognized Indian tribes in

furtherance of federal policy for the benefit of both the State of

Oklahoma and tribal governments.

C. 1. The Governor is authorized to negotiate and enter into

cooperative agreements on behalf of this state with federally

recognized Indian tribal governments within this state to address

issues of mutual interest. The Governor may elect to name a

designee who shall have authority to negotiate and enter into

cooperative agreements on behalf of the state with federally

recognized Indian tribes as provided for in this section. Except as

otherwise provided by this subsection, such agreements shall become

effective upon approval by the Joint Committee on State-Tribal

Relations.

2. If the cooperative agreements specified and authorized by

paragraph 1 of this subsection involve trust responsibilities,

approval by the Secretary of the Interior or designee shall be

required.

3. Any cooperative agreement specified and authorized by

paragraph 1 of this subsection involving the surface water and/or

Oklahoma Statutes - Title 74. State Government

groundwater resources of this state or which in whole or in part

apportions surface and/or groundwater ownership shall become

effective only upon the consent of the Oklahoma Legislature

authorizing such cooperative agreement.

D. 1. The governing board of a political subdivision of this

state is authorized to negotiate and enter into intergovernmental

cooperative agreements in behalf of the political subdivision, with

a federally recognized Indian tribal government within this state to

address issues of mutual interest. Except as otherwise provided by

this subsection, such agreements shall be effective upon approval by

the Joint Committee on State-Tribal Relations and the Governor, or

the designee of the Governor.

2. Agreements for juvenile detention facilities made pursuant

to Section 2-3-103 of Title 10A of the Oklahoma Statutes shall

become effective upon approval by the board of county commissioners.

3. Any cooperative agreement specified and authorized by

paragraph 1 of this subsection involving the surface water and/or

groundwater resources of this state shall become effective only upon

the consent of the Oklahoma Legislature authorizing such cooperative

agreement.

4. Agreements between the Military Department of the State of

Oklahoma and an Indian tribe for the management or operation of a

juvenile facility shall not be subject to the requirements of this

section.

5. Agreements between the Department of Transportation of the

State of Oklahoma and an Indian tribe or the Oklahoma Turnpike

Authority and an Indian tribe for the maintenance and construction

of transportation facilities, roads or bridges shall not be subject

to the requirements of this section.

E. An executed original of every agreement approved pursuant to

this section shall be filed with the Secretary of State. A copy of

every agreement shall be filed with the Office of Tribal Relations

within the Oklahoma Historical Society.

Added by Laws 1988, c. 160, § 1. Amended by Laws 1989, c. 296, § 1,

emerg. eff. May 24, 1989; Laws 1991, c. 202, § 3, emerg. eff. May

17, 1991; Laws 1994, c. 290, § 73, eff. July 1, 1994; Laws 2000, c.

240, § 4, eff. Nov. 1, 2000; Laws 2002, c. 485, § 2, emerg. eff.

June 6, 2002; Laws 2009, c. 234, § 164, emerg. eff. May 21, 2009;

Laws 2011, c. 305, § 3; Laws 2012, c. 102, § 1, emerg. eff. April

19, 2012; Laws 2012, c. 299, § 2.

§74-1221.A. Moratorium on compacts or cooperative agreements

relating to surface water or groundwater.

In order to provide for the conservation, preservation,

protection and optimum development and utilization of surface water

and groundwater within this state, the Legislature hereby

establishes a moratorium on any state or tribal compact or any

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intergovernmental cooperative agreement, authorized pursuant to law,

which is drafted in whole or in part to apportion surface water or

groundwater ownership, or authorize or otherwise implement any sale

or exportation of surface water or groundwater outside this state,

except as authorized by the provisions of this act. Unless earlier

repealed or revoked by the Legislature, the moratorium shall be in

effect for a five-year period beginning on the effective date of

this act or until such time as the State of Oklahoma conducts and

completes a comprehensive scientific hydrological study of the water

resources of this state.

Added by Laws 2002, c. 485, § 3, emerg. eff. June 6, 2002. Amended

by Laws 2004, c. 392, § 2, eff. Nov. 1, 2004.

§74-1221.B. Tribal-State agreements — Supplemental terms.

A. The Legislature finds that:

1. Oklahoma has benefited from its implementation of the policy

set forth in Section 1221 of Title 74 of the Oklahoma Statutes

through, among other things, the formation and entry of

intergovernmental agreements or compacts with Tribal nations on a

variety of subjects;

2. As an exercise of executive authority consistent with this

codified policy, the Oklahoma Governor formed and entered certain

Tribal-State agreements relating to motor vehicle licensing and

registration matters, which agreements have benefited all parties by

reducing intergovernmental disputes and increasing revenues

available for roads, bridges, schools, and other valuable community

infrastructure.

B. The State of Oklahoma now offers the following supplemental

term to any Tribe that was, as of January 1, 2023, a party to a

motor vehicle licensing or registration agreement previously

executed by an Oklahoma Governor:

AFFIRMATION AND EXTENSION OF

MOTOR VEHICLE LICENSING/REGISTRATION COMPACT

Between the [NAME OF TRIBE]

and the STATE OF OKLAHOMA

The motor vehicle licensing or registration and license

tag agreement formed and entered by the Oklahoma Governor and

the [NAME OF TRIBE] is hereby affirmed as a compact between the

STATE OF OKLAHOMA and [NAME OF TRIBE] and shall be in effect

until December 31, 2024, and any action to unilaterally

terminate or to issue written notice of the compact’s

nonrenewal prior to that date shall be null and void.

C. Tribal acceptance of this offer shall be indicated by letter

from the Tribal party’s governing body or official reciting the

terms set forth above and delivered to the Oklahoma Tax Commission.

Such acceptance letter, including the terms set forth above and

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delivered to the Oklahoma Tax Commission, shall then be filed with

the Oklahoma Secretary of State.

Added by Laws 2023, 1st Ex. Sess., c. 51, § 1.