BY DOUG NASH
For Buffalo’s Fire
A Book Review on “Reservation ‘Capitalism:’ Economic Development in Indian Country,” by Robert J. Miller, Professor of Law, Lewis & Clark Law School.
There are many lessons to be learned from the history of economic development in Indian Country and most can be traced to the litany of federal Indian policies that have been uniformly antithetical to the interests of Indian tribes and people. Traditional tribal economies that were based upon natural resources and long-established relationships with neighboring tribes were destroyed by federal laws, policies and treaties aimed at opening tribal lands to settlement by non-Indians and confining Indian people to an ever diminishing land base on reservations. Subsequent federal programs intended to stimulate tribal economies were uniformly unsuccessful. With the advent of gaming in Indian Country, there are some conspicuous successes. Most, however, have realized much more modest gains and some, none at all.
In this book, Professor Miller delivers a blueprint for the next chapter in the history of economic development in Indian Country. It is not a review of the phenomenal economic achievements realized by a few tribes. His is a close and serious look at the need for all tribes to build – or rebuild – tribal economies and a practical analysis of how that can be accomplished. Mixed within this analysis are considerations about the impact of economic development successes with traditions, culture and tribal sovereignty.
Professor Miller provides an overview of traditional tribal economies, dispelling some myths that have persisted over time regarding individual ownership of property and wealth accumulation.
He then provides a look at the current state of tribal economic development and economies. The statistical information provided as background for his analysis is compelling. Among other things, he notes that the number of federally recognized tribes in the United States now totals 565. The total number of acres owned by tribes and Alaska Native Corporations is 100 million despite years of federal policies aimed at depriving them of traditional lands. The focus on the part of tribes to rebuild their land base is a key, overall ingredient in the larger economic picture. Annual revenues generated by Indian gaming are as high as $26.7 billion. In this process, Professor Miller provides a look at three tribes and what they have done to develop their respective economies. They represent good examples of different levels of success and potential. He draws upon statements by tribal leaders to support both the need and benefit of economic development. For example: “We had tried poverty for 200 years, so we decided to try something else.”
Any viable economy is comprised of different components. Professor Miller builds upon the historical and current background he has reviewed to describe the roles of tribes, individual Indian entrepreneurs and non-Indian investors and businesses in a reservation economy. If there is a “bottom line” to Professor Millers work in this book, it is that tribes are key to establishing viable economies on their respective reservations. The creation of reservation economies will not happen by accident or without the pursuit of a thoughtful course of action designed to attract, create and nurture economic ventures. As is obvious with gaming and myriad other businesses, tribes are in the business of business. At the same time, they are governments with the potential of shaping the climate on their reservations that will stimulate economic development. Professor Miller describes this as a “business-friendly environment.” Simple in description, it is complex in reality. He describes a number of essentials. Independent tribal court systems that are not subject to political influence rank high on the list. Attorney judges, familiar rules of procedure, separation of powers and laws and policies against impairment of contracts all demonstrate the existence of an independent judicial system. Tribal sovereign immunity and a tribal tort claims act are among additional considerations Professor Miller discusses.
Professor Miller’s book is practical, realistic and timely. It subtly underscores the fact that tribal economic successes to date have occurred when tribes were in control and presents that as the basis for the next chapter economic development in Indian Country. This is recommended reading for tribal leaders, planners, Indian and non-Indian entrepreneurs and anyone interested in seeing a glimpse of the economic potential the lies in Indian Country.
Douglas Nash is director of Center for Indian Law and Policy at Seattle University School of Law