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Attorney General updates council on federal jurisdiction litigation, turnpike compact and Strobel tax case

3337461 · April 25, 2025
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Summary

Attorney General Chad Harsha told the Cherokee Nation Council the Nation has intervened in federal litigation over non‑member Indian jurisdiction, said the turnpike plate‑pay compact appears to be operating as written, and reported the Strobel tax case has been fully briefed before the Oklahoma Supreme Court and remains pending.

Attorney General Chad Harsha told the Cherokee Nation Council that the Nation has intervened in federal litigation over non‑member Indian jurisdiction and that briefing in the cases in the Northern and Eastern federal districts is ongoing.

Harsha said the office has filed in those cases and expects additional filings over the next month. “We intervened in that case that was brought on behalf by The United States against 2 district attorneys. We're moving through the briefing schedule. We have additional filings that should be coming across next week and hopefully in the next month,” he told the council.

Harsha also addressed questions from council members about a recent compact with the Oklahoma Turnpike Authority that changed how certain outstanding OTA fees would be treated. He said the compact provision put outstanding OTA fees into a discharge account through midnight Nov. 30, and that fees from Dec. 1 forward would be enforced under the compact’s terms. On the plate‑pay billing inquiries he told the council, “I don't see anything that's inconsistent with the compact. It it appears from everything that's been presented to me that everything is moving, in in in the spirit and and and letter of the compact.” He added that scammers have been exploiting turnpike billing changes and that media reports indicate the problem is widespread.

On state taxation questions, Harsha summarized a case he identified as Strobel that is pending before the Oklahoma Supreme Court and affecting taxation of tribal citizens who live and work on reservations. He told the council that Strobel has been fully briefed and “it's it's set for longer than 1 would expect,” and that a decision would clarify taxing structure for people in Indian country.

Harsha reported outreach and coordination with local governments, saying his office and tribal law enforcement met recently with Owasso and have been coordinating with Tulsa on public‑safety matters. He noted interactions with district attorneys in the contested federal litigation and described communications with District Attorney Ballard as “unhelpful” in many respects while saying on‑the‑ground law enforcement communication has continued through county sheriffs and tribal marshal staff.

The updates were delivered during the council’s routine reports; Harsha invited questions and said he would return with further updates as filings and court developments occur.