OTA report alleges OK has lost out on $11.5M in Plate Pay fees from tribes

OKLAHOMA CITY (KFOR) — In a weekly press briefing, Governor Kevin Stitt called out the tribes for not paying to use Oklahoma's toll roads, more specifically the Cherokee Nation.

Currently, three federally recognized tribes have a vehicle tag compact with the State of Oklahoma: the Cherokee Nation, Choctaw Nation, and Chickasaw Nation.

Lawmakers extended the compact negotiation period between tribes and the Governor last year. The Governor then filed a lawsuit against Speaker of the House Charles McCall (R-Atoka) and Senate President Pro Tempore Greg Treat (R-OKC) for making the decision to allow for negotiations.

The Governor claimed only he had the power to negotiate tribal agreements, while the Legislature argued it did.

The State Supreme Court ruled in favor of the Legislature in April.

About a week later, the Governor finalized a motor vehicle tag compact with the Choctaw Nation and Chickasaw Nation.

"That means that when you see a Choctaw [or Chickasaw] plate - that's in the state database - our police departments, highway patrol... they know who that is when they're pulling that person over, just like any Oklahoma tag, they know who's driving that vehicle. They know if there's any bad guys or arrests for warrants," said Gov. Stitt on Friday morning.

The tribal vehicle tag compact ensures a tribe's participation in OLETS.

Gov. Stitt has until December 31 to negotiate with the Cherokee Nation before the tribe's compact on vehicle tags expires.

Although the Cherokee Nation currently has a vehicle tag compact with Oklahoma, Gov. Stitt said there is "no visibility" when it comes to running those plates/tags through the statewide database.

"The thing that's weird is the Cherokee plates. We don't have that visibility," stated Gov. Stitt. "That is the most dangerous part for a law enforcement [official] is not knowing who's in that vehicle, who it belongs to. Is it stolen? We have no visibility into that."

I’ve worked in law enforcement for decades, and using OLETS, our officers have always been able to receive car registration information for Cherokee citizens who have tribal car tags and been stopped. There has never been a safety concern accessing or using this information which is available to law enforcement agencies.

Cherokee County Sheriff Jason Chennault

In my years working in law enforcement, including at the Adair County Sheriff’s Office, Cherokee Nation has been a supportive partner that works with fellow law enforcement officers to help keep our communities safe. Our deputies have always had access to receiving registration information for Cherokee citizens with tribal car tags who are stopped during a traffic stop. This information is available through the Oklahoma Law Enforcement Telecommunications System (OLETS), which is provided to law enforcement agencies.

Adair County Sheriff Jason Ritchie

In November, Sarah Stewart with the Department of Public Safety sent KFOR the following list of tribes who have access to provide the Oklahoma Law Enforcement Telecommunications System (OLETS) with their vehicle registration information:

• Cherokee Nation of Oklahoma
• Muscogee (Creek) Nation
• Osage Nation
• Seneca Cayuga Tribe of Oklahoma
• Pawnee Nation
• Absentee Shawnee Tribe
• Caddo Nation
• Citizen Potawatomi Nation
• Miami Tribe of Oklahoma
• Peoria Tribe of Oklahoma
• Wyandotte Nation
• Kaw Nation
• Tonkawa Tribe of Oklahoma
• Quapaw Nation
• Kickapoo Tribe
• Sac and Fox Nation
• Iowa Tribe of Oklahoma
• Seminole Nation of Oklahoma
• Eastern Shawnee Tribe of Oklahoma
• Ponca Tribe
• Delaware Nation
• Ottawa Tribe of Oklahoma
• United Keetoowah Band of Cherokee Indians
• Shawnee Tribe of Oklahoma

Stewart confirmed again with News 4 on Friday afternoon, "The Cherokee Tribe does have the ability to submit information to OLETS (Oklahoma Law Enforcement Telecommunications System). However, the Department of Public Safety cannot verify the timeliness or accuracy of that information."

In a separate issue, the Governor also pointed to PlatePay fees owed by tribes.

The Oklahoma Turnpike Authority (OTA) began implementing cashless tolling, known as PlatePay, in 2021 after testing the video tolling system at the Peoria/Elm interchange exit on the Creek Turnpike in Jenks.

According to an OTA report provided to News 4, 31 tribes make up a total of $11.5 million in uncollected toll fees. The Cherokee Nation accounts for $5.63 million of that.

"That's just over the last six, seven, eight months." Gov. Stitt said in reference to the Cherokee Nation owing $5.63 million in PlatePay fees.

However, the data provided to both News 4 and the Governor's Office on Friday is from May 15, 2023 to May 15, 2024.

Gov. Stitt also claimed Cherokee Nation plate holders owe $60 million in toll fees from the last decade.

"OTA was not identifying tribal license plates for unbillable amounts prior to May 2023, which is when the agency implemented new protocols to begin recognizing tribal plates using the new PlatePay system. This was because prior to that time most of these customers paid in cash toll lanes," said OTA Communication and Marketing Manager, Lisa Shearer-Salim.

Clearly, Governor Stitt is using his Friday press briefings as political attacks to secure a Cherokee Nation tribal car compact and the Cherokee Nation is not biting. When it comes to Cherokee Nation’s Motor Vehicle Tag compact, we seek win/win solutions that best serve our citizens, communities, and solutions respectful of Cherokee Nation tribal sovereignty.

Cherokee Nation Principal Chief Chuck Hoskin Jr.

"I'm not picking on them. I'm just telling Oklahomans the truth of why we need to get this done," said Gov. Stitt.

During the Governor's press briefing on Friday, he was asked if he would allow municipalities to enter into compact agreements with tribes instead. The answer was no.

News 4 asked the Governor's office for clarification on where the $60 million in owed toll fees from the Cherokee Nation came from, but an answer was not provided.