The McGirt decision has changed the legal landscape and created new opportunities for tribal nations starting with the Five Tribes in Eastern Oklahoma and potentially for tribal nations across Indian Country. It also has been the source of confusion, hyperbole, and alarm among some commentators.
The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center McGirt Colloquium Toolbox contains a series of briefing papers that explain the ramifications of McGirt in various areas important to tribes and clarify what is and what is not at issue. These briefing papers help affected tribes chart a pathway toward the effective exercise of post-McGirt tribal powers and productive collaboration with state governments. The briefing papers offer ideas and examples of what these processes and outcomes might look like. In particular, they consider at least eight areas through the lens of a tribal government’s responsibilities to its citizens, to other Indians, and to non-Indians on trust lands and fee lands within the external borders of recognized reservations.
We hope these papers will be shared, and the ideas disseminated, in ways that tribal governments and other partners identify as useful for creating dispassionate, helpful guidance to tribes and states in the post-McGirt era.
McGirt Colloquium Toolbox. 2021. The Harvard Project on American Indian Economic Development and University of Oklahoma Native Nations Center. https://sites.google.com/g.harvard.edu/mcgirt-rebuilding-nations/home. The Harvard Project on American Indian Economic Development. Retrieved on March 2, 2021.