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Amicus Curiae the Chickasaw Nation Counsel for Amicus Curiae the Choctaw Nation of FRANK S
No. 18-9526 IN THE Supreme Court of the United States ———— JIMCY MCGIRT, Petitioner, v. STATE OF OKLAHOMA, Respondent. ———— On Writ of Certiorari to the Court of Criminal Appeals of the State of Oklahoma ———— BRIEF OF AMICI CURIAE TOM COLE, BRAD HENRY, GLENN COFFEE, MIKE TURPEN, NEAL MCCALEB, DANNY HILLIARD, MICHAEL STEELE, DANIEL BOREN, T.W. SHANNON, LISA JOHNSON BILLY, THE CHICKASAW NATION, AND THE CHOCTAW NATION OF OKLAHOMA IN SUPPORT OF PETITIONER ———— MICHAEL BURRAGE ROBERT H. HENRY WHITTEN BURRAGE Counsel of Record 512 N. Broadway Avenue ROBERT H. HENRY LAW FIRM Suite 300 512 N. Broadway Avenue Oklahoma City, OK 73102 Suite 230 Oklahoma City, OK 73102 (405) 516-7824 [email protected] Counsel for Amici Curiae [Additional Counsel Listed On Inside Cover] February 11, 2020 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 STEPHEN H. GREETHAM BRAD MALLETT Senior Counsel Associate General Counsel CHICKASAW NATION CHOCTAW NATION OF 2929 Lonnie Abbott Blvd. OKLAHOMA Ada, OK 74820 P.O. Box 1210 Durant, OK 74702 Counsel for Amicus Curiae the Chickasaw Nation Counsel for Amicus Curiae the Choctaw Nation of FRANK S. HOLLEMAN, IV Oklahoma DOUGLAS B. ENDRESON SONOSKY, CHAMBERS, SACHSE, ENDRESON & PERRY, LLP 1425 K St., NW Suite 600 Washington, DC 20005 (202) 682-0240 Counsel for Amici Curiae the Chickasaw Nation and the Choctaw Nation of Oklahoma TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................ ii INTEREST OF AMICI CURIAE ........................ 1 SUMMARY OF ARGUMENT ............................. 5 ARGUMENT ........................................................ 5 I. OKLAHOMA’S AND THE NATIONS’ NEGOTIATED APPROACH TO SET- TLING JURISDICTIONAL ISSUES ON THEIR RESERVATIONS BENEFITS ALL OKLAHOMANS .............................. -
Ally, the Okla- Homa Story, (University of Oklahoma Press 1978), and Oklahoma: a History of Five Centuries (University of Oklahoma Press 1989)
Oklahoma History 750 The following information was excerpted from the work of Arrell Morgan Gibson, specifically, The Okla- homa Story, (University of Oklahoma Press 1978), and Oklahoma: A History of Five Centuries (University of Oklahoma Press 1989). Oklahoma: A History of the Sooner State (University of Oklahoma Press 1964) by Edwin C. McReynolds was also used, along with Muriel Wright’s A Guide to the Indian Tribes of Oklahoma (University of Oklahoma Press 1951), and Don G. Wyckoff’s Oklahoma Archeology: A 1981 Perspective (Uni- versity of Oklahoma, Archeological Survey 1981). • Additional information was provided by Jenk Jones Jr., Tulsa • David Hampton, Tulsa • Office of Archives and Records, Oklahoma Department of Librar- ies • Oklahoma Historical Society. Guide to Oklahoma Museums by David C. Hunt (University of Oklahoma Press, 1981) was used as a reference. 751 A Brief History of Oklahoma The Prehistoric Age Substantial evidence exists to demonstrate the first people were in Oklahoma approximately 11,000 years ago and more than 550 generations of Native Americans have lived here. More than 10,000 prehistoric sites are recorded for the state, and they are estimated to represent about 10 percent of the actual number, according to archaeologist Don G. Wyckoff. Some of these sites pertain to the lives of Oklahoma’s original settlers—the Wichita and Caddo, and perhaps such relative latecomers as the Kiowa Apache, Osage, Kiowa, and Comanche. All of these sites comprise an invaluable resource for learning about Oklahoma’s remarkable and diverse The Clovis people lived Native American heritage. in Oklahoma at the Given the distribution and ages of studies sites, Okla- homa was widely inhabited during prehistory. -
University of Oklahoma Graduate College
UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE COMMUNITY, POVERTY, POWER: THE POLITICS OF TRIBAL SELF-DETERMINATION, 1960-1968 A Dissertation SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of Doctor of Philosophy By Daniel M. Cobb Norman, Oklahoma 2003 UMI Number: 3102433 UMI UMI Microform 3102433 Copyright 2003 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Copyright by Daniel M. Cobb 2003 AH Rights Reserved. COMMUNITY, POVERTY, POWER: THE POLITICS OF TRIBAL SELF-DETERMINATION, 1960-1968 A Dissertation APPROVED FOR THE DEPARTMENT OF HISTORY BY Acknowledgments This project began seven years ago as a master's thesis at the University of Wyoming. There I had the good fortune of working with Brian C. Hosmer, a skilled historian and constant friend. At the University of Oklahoma, R. Warren Metcalf served as the chair of my committee, and I have benefitted from his constructive criticism as well as his counsel. Professors Loretta Fowler, Albert Hurtado, David Levy, and Donald Fisani contributed generously by reading and critiquing the dissertation in what ultimately proved to be a rather compressed period of time. Although he did not serve on the dissertation committee. Dr. Robert E. Shalhope taught me the importance of “tightening and sharpening” my prose, and his seminars very nearly convinced me to specialize in the nineteenth century. I also extend my appreciation to the Department of History and particularly Department Chair Robert L. -
Oklahoma Tax Commission
• lurY x- Fourth Biennial Report of the OKLAHOMA TAX COMMISSION July 1, 1938, to June 30, 1940 J. D. CARMICHAEL Chairman JOE D. DUNN HUBERT L. BOLEN Vice Chairman Member OKLAHOMA CITY, OKLAHOMA Fourth Biennial Report of the OKLAHOMA TAX COMMISSION to the GOVERNOR of the STATE OF OKLAHOMA Period, July 1, 1938, to June 30, 1940 COMMISSION J. D. CARMICHAEL, Chairman JOE D. DUNN, Vice Chairman HUBERT L. BOLEN, Member F. M. DUDLEY, Attorney L. E. RUBLE, Seer etary T Oklahoma City, Oklahoma 1940 LETTER OF TRANSMITTAL V TO THE HONORABLE LEON C. PHILLIPS, GOVERNOR OF THE STATE OF OKLAHOMA: THE OKLAHOMA TAX COMMISSION HEREWITH SUB MITS ITS FOURTH BIENNIAL REPORT IN COMPLIANCE WITH THE PROVISIONS OF SECTION 12302, CHAPTER 66, ARTICLE 1, OKLAHOMA STATUTES, 1931. J. D. CARMICHAEL, Chairman JOE. D. DUNN, Vice Chairman HUBERT L. BOLEN, Member OKLAHOMA CITY, OKLAHOMA DECEMBER 1, 1940 REPORT OF OKLAHOMA TAX COMMISSION CONTENTS Page LETTER OF TRANSMITTAL iii CHAPTER I—ORGANIZATION AND POLICIES 1 Organization of the Commission 1 Policies 9 Economy in Tax Administration 9 Is Oklahoma's Tax System Unfair to Industry? 11 Indebtedness of State and Local Governments 14 Reciprocity Agreements 15 CHAPTER II—COLLECTIONS AND APPORTIONMENTS 19 Summary of Tax Collections 20 Disposition of Revenues __--__--__ 25 Moneys Apportioned to Counties 28 Moneys Apportioned to Counties for Schools 29 Moneys Apportioned to Counties for Roads 30 CHAPTER III—COSTS OF ADMINISTRATION 81 History 81 Opinion of Tax Administrators on the Financing of Tax Administration 82 General Discussion -
In the 46Th Ifoklahoma Legislature
L 1400.5 W628 1997/98 c.3 Who is Who in the 46th ifOklahoma Legislature Oklahoma Department of Libraries March, 1997-$3.00 Who is Who in the 46th Oklahoma Legislature The Oklahoma Department of Libraries 200 N.E. 18th Street Oklahoma City, OK 73105 1997 Table of Contents Oklahoma Elected Officials page 1 Governor page 2 Lieutenant Governor page 3 Cabinet Members page 4 About the Oklahoma Legislature page 5 Legislative Service Bureau page 6 Senate Senate Organization page 6 President Pro Tempore page 7 Senators by District page 7 Senate Members page 8 Senate Committees page 20 Senators Telephone Reference page 22 House of Representatives House Organization page 23 Speaker of the House page 24 House Members page 25 House Committees page 49 State Representatives by District page 53 State Representatives Telephone Reference page 54 This publication printed and issued by the Oklahoma Department of Libraries as authorized by 65 O.S. 1991, §3-110. Five-hundred copies have been prepared and distributed at a cost of $863.85 Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries. 2/28/97 m Oklahoma Elected Officials Governor Frank Keating Commissioner of Labor State Capitol Brenda Reneau Oklahoma City, OK 73105 4001 N. Lincoln Boulevard 405/521-2342 FAX 405/521-3353 Oklahoma City, OK 73105 Tulsa: State Office Building 405/528-1500 FAX 405/528-5751 440 S. Houston matt-grapham@ou. edu Tulsa, OK 74129 918/581-2801 FAX 918/581-2835 http://www.state.ok.us/osfdocs/govhp.ht ml Superintendent of Public Instruction Sandy Garrett Oliver Hodge Mem. -
Oklahoma House of Representatives
Oklahoma FY-05 Legislative Appropriations House of Representatives Legislative Appropriations Oklahoma House of Representatives Speaker Larry Adair Appropriations and Budget Committee Representative Bill Mitchell, Chairman Representative Jack Bonny, Vice Chairman August, 2004 Research, Legal and Fiscal Divisions George V. Moser, Executive Director Debbie Terlip Scott C. Emerson Gregory Sawyer Acting Research Director Chief Counsel Fiscal Director APPROPRIATIONS AND BUDGET COMMITTEE Bill Mitchell, Chairman Jack Bonny, Vice-Chairman Dennis Adkins Joan Greenwood Richard Phillips Jari Askins* Terry Harrison Greg Piatt Chris Benge Jerry Hefner* Bob Plunk Debbie Blackburn* Joe Hutchison** Clay Pope Dan Boren** Terry Ingmire Larry Rice David Braddock* Tad Jones Paul Roan Kevin Calvey Ron Langmacher Curt Roggow John Carey M.C. Leist* John Smaligo Lance Cargill Al Lindley Glen Bud Smithson Bill Case Elmer Maddux Barbara Staggs Forrest Claunch Ray McCarter** Fred Stanley Carolyn Coleman Roy McClain Joe Sweeden James Covey Doug Miller Sue Tibbs Odilia Dank Ray Miller Opio Toure** Frank Davis Fred Morgan Dale Turner** Abe Deutschendorf Bill Nations** Purcy Walker** Joe Eddins* Jim Newport Dale Wells Stuart Ericson Mike O’Neal Jim Wilson Randall Erwin* Bill Paulk Mike Wilt Larry Ferguson Fred Perry Susan Winchester Darrell Gilbert** Ron Peterson Robert Worthen Bill Graves Wayne Pettigrew Ray Young * Denotes a Subcommittee Chairman ** Denotes a Subcommittee Vice-Chairman GENERAL CONFERENCE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE APPOINTEES Bill Mitchell, -
Tribe Dedicates CNG Station Overton Martin Cheadle, a M R
Vol. XXXXV No. 6 COfficialhickasaw publication of the Chickasaw Nation Twww.chickasawtimes.netimes June 2010 Marathon man Gov. Bill Anoatubby joins Oklahoma City Memorial Marathon winner Josh Stewart as Mr. Stewart shares his experience with the Chickasaw Nation leadership team of administrators. ADA, Okla. - Chickasaw 100 miles each week. runner Josh Stewart says he “We’ll go in the weight room – doesn’t like to waste time in everyone will be in there work- the gym. He spends quite a bit ing on their ‘glory muscles’ of time there, but that time is – curl and bench and all that,” definitely not wasted. Mr. Stewart said with a grin. Mr. Stewart is doing hun- “I’m in there sweating, kill- Gov. Bill Anoatubby, center, is joined by tribal officials in a ribbon cutting ceremony dedicating the new compressed dreds of pull ups, followed ing myself. No rest. Just max- natural gas (CNG) fueling station May 11 in Ada. From left, Chickasaw Nation Division of Commerce Chief Strategic by hundreds of pushups and ing out on whatever it is. I get Development Officer Brian Campbell; Division of Commerce Administrator Bill Lance; Pontotoc District legislator thousands of turns of the jump after it usually, wherever I’m Nancy Elliott; former Assistant U.S. Secretary of Interior and Oklahoma Secretary of Transportation Neal McCaleb; rope. He also runs more than SEE JOSH STEWART, page 2 Gov. Anoatubby; Lt. Gov. Jefferson Keel; Pontotoc District legislator Mary Jo Green; and special assistant to the Governor Kennedy Brown. Mike McKee Overton ‘Buck’ Cheadle dies at 91 Tribe dedicates CNG station Overton Martin Cheadle, a M r. -
Chickasaw Times
ChickasawOfficial Timespublication of the Chickasaw Nation Vol. XXXXI1 No. 4 April 2007 Ada, Oklahoma ‘I want to be a gold medalist’ Olympians instruct youth on shooting, dedication ing clinic agreed the two-day great uncle who set numerous time to teach the students at the event conducted March 21 and world records in military rifle camp. 22 at the Community Center competitions in the 1950s. “It’s not many times that you Gymnasium had been very suc- Gunnery Sgt. V.D. Mitchell get to meet someone who has cessful. (USMC, ret.) won the National proven that they are the best in Emmons, who many consider Service Rifle Championship in the world at something,” she to be the best rifle shooter in the 1955 and 1958, as well as the said of Emmons. “Bob Foth world, won gold in the 2004 Daniel Boone trophy, Dupont was really nice. He helped me Athens Olympics. He is pro- trophy and numerous other out a lot.” jected to win as many as three awards. Kodie, a 14-year-old student gold medals in the 2008 Beijing Katie, a 17-year-old junior at Ringling, has been shooting Olympics. at Ringling (OK) High School, a .22 rifle for some time. He “Seeing these kids smile really said she had never fired a gun said that Emmons treated him puts a big smile on my face,” before attending the clinic. like one of his friends and that said Emmons. “I just came because my Mom he had learned some valuable It was obvious, Emmons said, brought me,” she said. -
PSO Northeastern Deal.Pdf
4/24/2012 PSO, STATE REACH AGREEMENT WITH EPA ON EMISSIONS REDUCTION PLANS Public Service Company of Oklahoma (PSO), a unit of American Electric Power (NYSE: AEP), has entered into an agreement in principle with the U.S. Environmental Protection Agency, the State of Oklahoma and the Sierra Club that establishes a framework for PSO to comply with EPA regulations affecting PSO’s two coal-fired generating units at its Northeastern Station in Oologah, Oklahoma. Specifically, the agreement addresses PSO’s future obligations under the EPA’s Regional Haze rule (RHR) and EPA’s Mercury and Air Toxics Standard (MATS). Under the agreement, PSO would meet specified emissions rates at both Northeastern coal units, install certain emissions control equipment on one of the Northeastern coal units in 2015, and retire the other unit in 2016. The coal unit with the emissions controls would be retired in the 2025-26 timeframe. The agreement also will result in PSO withdrawing its lawsuit against the EPA regarding the Regional Haze rule. "This landmark agreement outlines a clear and cost-effective path for compliance by PSO’s Oklahoma coal-fired generating units with the EPA’s new rules," said Stuart Solomon, PSO’s president and chief operating officer. "It allows PSO to implement a compliance plan that resolves the Company’s most significant environmental issues, provides a manageable transition for our generation fleet, and assures continued reliability for our customers." The agreement is the result of extensive negotiations concerning compliance with the EPA’s MATS rule and its "Federal Implementation Plan" for the RHR, both issued in December 2011. -
LEGISLATIVE UPDATE 49Th Oklahoma Legislature Second Session – 2004
LEGISLATIVE UPDATE 49th Oklahoma Legislature Second Session – 2004 OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION From: Carolyn McCoy & Lesa Jolly-Borin Friday, February 27, 2004 Welcome to the OSRHE Legislative Update Highlights this Week: Gaming bill passes through House floor By Amber Esada - Staff Writer (LIN) A bill that would allow electronic gaming at three horse racing tracks passed Thursday in the state House of Representatives. SB 553, by Sen. Cal Hobson, D-Lexington, and Rep. Larry E. Adair, D-Stilwell, creates the State- Tribal Gaming Act. Rep. Kris Steele, R-Shawnee, asked if a tribe must enter the tobacco compact to have a gaming compact. Pope said the state would have to wait and let the U.S. Department of the Interior decide if the state can make such requirements. Steele asked if Class III games would be allowed with the new measure. Pope said the bill was an attempt to address the expansion of gaming. Pope said many different types of games are being played in the state and this bill would answer the questions related to which games are legal or illegal. Steele asked if the bill would expand gaming through Oklahoma. Pope said gambling would only be expanded to horse racing tracks, where pari-mutuel gambling is already allowed. Rep. John A. Wright, R-Broken Arrow, asked if the adjusted gross revenue was the amount left after the casinos paid out to players. Pope said that was correct. Wright asked if 90 percent of the monies spent was returned to players. Pope said it depended on the odds, but for the most part, yes. -
June 3, 2011 10284 Minutes of the Special Meeting of The
JUNE 3, 2011 10284 MINUTES OF THE SPECIAL MEETING OF THE OKLAHOMA TURNPIKE AUTHORITY, HELD JUNE 3, 2011 AT THE NEAL A. MCCALEB TRANSPORTATION BUILDING, 3500 MARTIN LUTHER KING AVENUE, OKLAHOMA CITY, OKLAHOMA. NOTICE of this Special Meeting of the Oklahoma Turnpike Authority was given in writing to the Oklahoma Secretary of State, and public notice and agenda was posted in prominent public view at the principal office of the Oklahoma Turnpike Authority, Neal A. McCaleb Transportation Building at 3500 Martin Luther King Avenue, Oklahoma City, Oklahoma, twenty-four (24) hours prior to this meeting, excluding Saturdays, Sundays and legal holidays, all in compliance with the Oklahoma Open Meeting Act. CALL TO ORDER: Mr. Albert C. Kelly called the meeting to order at 10:33 a.m. ROLL CALL: PRESENT: Mr. Albert C. Kelly Mr. David A. Burrage Mr. G. Carl Gibson Mr. Kenneth Adams Mr. Kevin Hern Mr. Gene Love ABSENT: NONE INTRODUCTION OF GUESTS: Ms. Jenny Johnson introduced the following guests: Mr. Michael Vahabzadegan, EST, Norman; Ms. Christine Sewkowski, ETS, Norman; Mr. Brett Padgett, CITI, Chicago, IL; Mr. John Waldo, BOSC, Oklahoma City; Mr. Mike Morrison, W2M Consulting, Oklahoma City; Mr. Jeremy Boswell, CP&Y, Oklahoma City; Mr. David Newhauser, CP&Y, Oklahoma City; Mr. Mike Knapik, CP&Y, Oklahoma City; Mr. Neal McCaleb, CP&Y, Oklahoma City; Mr. Gillett Cobb, Jacobs, Oklahoma City; Mr. Josh Benninghoff, JP Morgan, Denver, CO; Mr. John Daniel, Barclay, New York, NY; Mr. Ken Gambone, Barclay, New York, NY; Mr. Steven Johnson, Cobb, Oklahoma City; Ms. Lindsay Laird, Saxum, Oklahoma City; and Ms. -
Excise Tax Differences at Oklahoma Smoke Shops an Opportunity for Inter-Tribal Coordination Fritz L
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Elsevier - Publisher Connector Excise Tax Differences at Oklahoma Smoke Shops An Opportunity for Inter-Tribal Coordination Fritz L. Laux, PhD, Frank J. Chaloupka, PhD, Laura A. Beebe, PhD Background: Oklahoma’s tribal tobacco shops are distributed throughout the state, including in urban areas. During the time frame of this study, state excise tax rates for cigarettes varied by tribe and region, and took five distinct levels, ranging from 5.75 cents to $1.03 per pack. Purpose: To describe the pricing behavior of these smoke shops in a way that could support potential increases in the tribal taxation of cigarettes within the state. Methods: Two waves (2010 and 2011) of site visits were conducted, covering nearly all tribal smoke shops in the northeastern quarter of the state, an area containing the city of Tulsa and 60% of all tribal outlets. Researchers recorded representative prices and verified the tax rate paid (via tax stamp) for each shop. Data were analyzed in 2013. Results: Lower-taxed tribal cigarettes tended to be priced at discounts that were even greater than the differential in tax rates. For example, across waves, the average pack of Marlboros from a shop with a 5.75-cent tax stamp sold for 52 cents less than the same pack from a 25.75-cent shop and 60 cents less than from a 51.5-cent shop. The minimal inter-tribal price response to the discontinuation of large quantities of contraband cigarette sales suggests that inter-tribal price competition in the Tulsa area is not as intense as expected.