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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3119 By: Williams
AS INTRODUCED
An Act relating to State-Tribal relations; amending
74 O.S. 2021, Section 1221, which relates to Indian
tribes; requiring Governor to e xtend certain offer to
federally recognized Indian tribal government;
providing requirements of offer; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 1221, is
amended to read as follows:
Section 1221. A. The State of Oklahoma acknowledges federal
recognition of Indian tribes recognize d 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 be nefit of both the State of
Oklahoma and tribal governments.
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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 n egotiate 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 Joi nt Committee on State -Tribal
Relations.
2. If the Governor or the Governor's designee and the federally
recognized Indian tribal government are unable to negotiate and
enter into a cooperative agreement within seven (7) days, the
Governor shall extend an offer and make a good faith effort to meet
with the federally recognized Indian tribal government at least once
every month for six (6) months to continue negotiations. If, after
six (6) months, the Governor and the federally recognized Indian
tribal government are unable to negotiate and enter into a
cooperative agreement , the Governor shall extend the offer to meet
with the tribal government once every month for an additional six
(6) months to continue negotiations .
3. If the cooperative agreements spec ified and authorized by
paragraph 1 of this subsection involve trust responsibilitie s,
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approval by the Secretary of the Interior or designee shal l be
required.
3. 4. Any cooperative agreement specified and authorized by
paragraph 1 of this subsection invo lving the surface water and/or
groundwater resources of this state or which in whole or in part
apportions surface and/or groundwater ownership s hall 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 thi s 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 Oklah oma Legislature authorizing such cooperative
agreement.
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4. Agreements between the Military Department of the S tate 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 th e Oklahoma Turnpike
Authority and an Indian tribe for the maintenance and construction
of transportation facilities, roads or bridges shall not b e subject
to the requirements of this section.
E. An executed original of every ag reement 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.
SECTION 2. This act shall become ef fective November 1, 2024.
59-2-8592 CMA 12/27/23