Renewing Indigenous Economies by Ratté Kathy;Anderson Terry L.;Leeds Stacy;

Author:Ratté, Kathy;Anderson, Terry L.;Leeds, Stacy;
Language: eng
Format: epub
Tags: Indigenous, Native American, American Indian, tribes, tribal law, economics, colonialism, property law, reservation, markets, trade, institutions, self-sufficiency
Publisher: Hoover Institution Press
Published: 2022-02-15T00:00:00+00:00

Components of Investment-Supporting Legal Frameworks

Business transactions in the United States rest on confidence in state legal frameworks. Investment-friendly frameworks consist of three broad categories of state and local law: laws that support private property rights, laws that provide public regulation of property rights, and laws that support public services. Within these broad categories are regulations ranging from land-use and development constraints to resource use and environmental protection requirements.

Tribal sovereignty exempts reservations from state jurisdiction, leaving tribal governments to create their own frameworks—a task that many tribes have done poorly, and some not at all. Table 4.2 provides an overview of the types of state laws and services that encourage investment and note the gaps that occur because of tribal exemption from state law.

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