JOPNA

Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country

Producer
Native Nations Institute
Year

The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that particularized, fact-specific precedents create a thicket of rulings that impede business development. The argument based on facts shows that these impediments to economic development harm not only tribal economies, but state and local economies, too. And the argument based on just claims testifies to the fact that the current arrangement could hardly have emerged from the actions of willing and informed governments operating in good faith. To borrow from Adam Smith, states beggar their Indian neighbors, seeking fiscal gain to the tribes’ detriment and, ultimately, their own. We conclude by recommending actions to bring fairness and certainty to the law governing taxation in Indian country.

Native Nations
Resource Type
Citation

Croman, K. S., & Taylor, J. B. (2016). Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian countryJoint Occasional Papers on Native Affairs (JOPNA) (JOPNA 2016-1). Tucson, AZ and Cambridge, MA: Native Nations Institute and Harvard Project on American Indian Economic Development.

Social and Economic Consequences of Indian Gaming in Oklahoma

Year

Much has been written in the mainstream press about Indian gaming and its impact on Indian and non-Indian communities. The debate, however, tends to be focused on Class III or “casino-style” gaming. The effects of Class II gaming have largely been overlooked by the press and, unfortunately, by the research community as well. Notwithstanding their second-class status in the research, Class II gambling ventures have the potential to bring substantial change to the Indian communities that develop them. In this study of Class II gaming operations in Oklahoma we find that tribal governments are translating revenues and employment opportunities derived from Class II gaming operations into positive social investment. This change is reflected in quality- of-life improvements within both the tribal communities themselves and in surrounding non-tribal communities. Moreover, Class II operations have a net positive impact on the Oklahoma economy by virtue of their demonstrated ability to attract out-of-state customers to depressed regions of Oklahoma. The tribes’ successes offer a striking example of the principal intent of gaming operations, namely socioeconomic self- determination for tribes.

Native Nations
Resource Type
Citation

Grant II, Kenneth W., Katherine A. Spilde, Jonathan B. Taylor. "Social and Economic Consequences of Indian Gaming in Oklahoma". Joint Occasional Papers on Native Affairs No. 2003-04. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, Harvard University. Cambridge, Massachusetts. 2003. JOPNA.

Sovereignty and Nation-Building: The Development Challenge in Indian Country Today

Producer
American Indian and Culture Journal
Year

The Indian nations of the United States face a rare opportunity. This is not the occasional business opportunity of reservation legend, when some eager investor would arrive at tribal offices with a proposal guaranteed to produce millions of dollars for the tribe--although such investors still appear, promises in hand. Nor is it the niche economic opportunity of gaming, although that has transformed some tribes' situations in important ways. This opportunity is a political and organizational one. It is a chance to rethink, restructure, reorganize--chance not to start a business or exploit an economic niche but to substantially reshape the future. It is the opportunity for nation-building.

Native Nations
Resource Type
Citation

Cornell, Stephen, Joseph P. Kalt. "Sovereignty and Nation-Building: The Development Challenge in Indian Country Today." Joint Occasional Papers on Native Affairs No. 2003-03. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management and Policy, The University of Arizona. Tucson, Arizona. 2003. JOPNA.

Alaska Native Self-Government and Service Delivery: What Works?

Year

The Native peoples of Alaska have governed themselves for far longer than either the State of Alaska or the United States. Indeed, their rights of self-government are properly defended as basic human rights that are not unilaterally extinguishable by these other governments. Yet, today an assortment of questions are being raised about key aspects of Alaska Native self-governance.

Among these are questions such as: What form should Native self-government take? What powers should it include? In which communities or groups should those powers be vested? Additional questions are being raised about how the delivery of social services to Alaska Natives is organized. Who should be responsible for service delivery, and what form should service delivery take?

Such questions in many cases represent disingenuous attacks on Native rights of self-rule. They also present direct challenges to the ways that Alaska Natives currently govern themselves and to how services currently are delivered.

Native Nations
Resource Type
Citation

Cornell, Stephen, Joseph P. Kalt. "Alaska Native Self-Government and Service Delivery: What Works?" Joint Occasional Papers on Native Affairs. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2003. JOPNA.

Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule

Year

The last three decades have witnessed a remarkable resurgence of the American Indian nations in the United States. The foundation of this resurgence has been the exercise of self-government (sovereignty) by the more than 560 federally- recognized tribes in the U.S. In this study, we explore legal and economic dimensions of current perceptions of and debates over the nature and extent of tribal self-rule in the United States. Our objective is to clarify and illuminate by distinguishing between myth and reality. We address key threads of thought and assumption that pervade, accurately or inaccurately, discussions in the public policy arena. What emerges is a picture in which tribes do exercise substantial, albeit limited, sovereignty. This sovereignty is not a set of special rights. Rather, its roots lie in the fact that Indian nations pre-exist the United States and their sovereignty has been diminished, but not terminated. Tribal sovereignty is recognized and protected by the U.S. Constitution, legal precedent, and treaties, as well as applicable principles of human rights.

Resource Type
Topics
Citation

Kalt, Joseph P., Joseph William Singer. "Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule". Joint Occasional Papers on Native Affairs No. 2004-03, The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2004. JOPNA.

History's Lesson for HUD and Tribes

Year

In 1998, Indian housing entered a new era. HUD ended its practice of channeling funds for Washington-designed Indian housing programs to HUD-sponsored local Indian Housing Authorities (IHAs) and converted programmatic funds into block grants to tribal housing agencies, which were allowed to design and implement their own programs. The hope was that increased tribal control would greatly improve the quantity and quality of housing available in Indian Country. This paper analyzes the differential success of the IHAs and provides important information about the conditions under which the new tribal efforts will be successful. Results suggest that unless the new approach addresses core issues of tribal governance, it will be inadequate for real reform of Indian housing. IHAs that had access to capable judicial, political, bureaucratic, and socio- cultural governance mechanisms could better enforce rent payment, deter vandals, and constrain official opportunism– factors that negatively affect IHA performance. IHAs located in environments that lacked such governance institutions were less able to develop and maintain the community’s housing resources. Thus, unless tribal housing program development proceeds hand-in-hand with tribal institutional development, the promise of new, tribally controlled programs may go unfulfilled.

Resource Type
Citation

Jorgensen, Miriam. "History's Lesson for HUD and Tribes". Joint Occasional Papers on Native Affairs No. 2004-01. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2004. JOPNA.

The Concept of Governance and its Implications for First Nations

Year

What is governance? What is government? What does each do? And what distinguishes good governance - or good government - from bad? Why is the quality of governance important to the success of human societies? And what is the significance and meaning of self-governance? And What does effective self-governance involve and how can self-governing systems be built?

This paper explores these questions and their implications for First Nations, drawing in particular on a large body of research on governance and development among indigenous nations in the United States and Canada. However, the topic of governance is an enormous one, and we can only begin to address those questions here. 

Native Nations
Resource Type
Topics
Citation

Cornell, Stephen, Catherine Curtis, Miriam Jorgensen. "The Concept of Governance and Its Implications for First Nations". Joint Occasional Papers on Native Affairs No. 2004-02. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2004. JOPNA.

Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't

Year

As much of the world knows, American Indian nations are poor. What much of the world doesn't know is that in the last quarter century, a number of these nations have broken away from the prevailing pattern of poverty. They have moved aggressively to take control of their futures and rebuild their nations, rewriting constitutions, reshaping economies, and reinvigorating indigenous community and culture. Today, they are creating sustainable, self-determined economies and building societies that work.

What's the secret of such performance? Is it luck? Is it leadership? Is it education, or having the right resources, or being located in the right place, or picking a winning economic project that provides hundreds of jobs and saves the day? Is it tribal gaming? How can we account for these "breakaway" tribes? Is there an approach to economic development that offers promise throughout Indian Country?

Resource Type
Citation

Cornell, Stephen, Joseph P. Kalt. "Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't". Joint Occasional Papers on Native Affairs No. 2005-02. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2005. JOPNA.

We Are the Stewards: Indigenous-Led Fisheries Innovation in North America

Author
Year

This paper offers an overview of the current state of Indigenous-led fisheries management in the United States and Canada. It summarizes major trends in Indigenous-led fisheries innovation in North America and presents common keys and challenges to the success of these efforts. It chronicles three cases that demonstrate the ingenuity, resourcefulness, and tenacity of Native nations in exerting substantive management authority over the fisheries on which they have long depended.

While re-establishing and protecting Native nations’ rights to manage fisheries is critical, the question of what Native nations do with those rights, once regained, is also important.This paper suggests that internal institutional factors often play a critical role in Native nations’ efforts to develop, implement, and monitor innovations that advance their vision for sustainable fisheries. Finally, it provides other Indigenous peoples (in North America, New Zealand, Australia, and elsewhere) food for thought as they work to increase decision-making authority over fisheries, develop and sustain fish resources, and ensure the economic, physical, and cultural benefits of those resources.

Resource Type
Citation

Record, Ian. "We Are the Stewards: Indigenous-Led Fisheries Innovation in North America." Joint Occasional Papers on Native Affairs No. 2008-01. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2008. JOPNA.

Indigenous Peoples, Poverty and Self-Determination in Australia, New Zealand, Canada and the United States

Year

Australia, New Zealand, Canada and the United States are among the world’s wealthiest nations. It is an often noted irony–and an occasional source of embarrassment to the governments of these countries–that the Indigenous peoples within their borders are in each case among their poorest citizens.

Resource Type
Citation

Cornell, Stephen. "Indigenous Peoples, Poverty and Self-Determination in Australia, New Zealand, Canada and the United States." Joint Occasional Papers on Native Affairs No. 2006-02. The Harvard Project on American Indian Economic Development, Native Nations Institute for Leadership, Management, and Policy, The University of Arizona. Tucson, Arizona. 2006. JOPNA.