Article
Article
By Blaine I. Green,
08.31.10
Native American tribes have become major economic players in recent years. Tribal enterprises generated more than $26 billion in 2009 from gaming revenue alone, and tribes are increasingly diversifying their economies to include new industries. Besides gaming, tribes are involved in real estate, banking and project finance, insurance, telecommunications, manufacturing, natural resource extraction and alternative energy development, among many other activities. As tribes expand beyond gaming, there are more chances for tribes and non-Native companies to do business together—and the unique legal status of tribes presents both opportunities and challenges for such partnerships.
Tribal economic development takes place within the context of federal Indian law. The long history of relations between Indian tribes and the federal government has generated a nuanced legal framework that recognizes the sovereignty of Indian nations (subject to certain limitations), exempts tribes for the application of most state laws, and provides various programs and tax benefits designed to promote tribal economic development. The singular legal status of Native American tribes presents unique opportunities and challenges for non-Native business partners.
This paper briefly describes the status of tribes under federal law and provides a broad overview of issues that arise for tribes and their non-Native partners when doing business in Indian country.
Download: Doing Business in Indian Country: Unique Opportunities and Challenges