scholarly journals Tribal Bonds: Statutory Shackles and Regulatory Restraints on Tribal Economic Development

2006 ◽  
Author(s):  
Gavin Clarkson
Keyword(s):  
Economic Development ◽  
Tribal Economic Development

Centralized decentralization for tribal business development

2014 ◽  
Vol 8 (3) ◽  
pp. 217-232 ◽  
Author(s):  
Tremane Lindsay Barr ◽  
John Reid
Keyword(s):  
Economic Development ◽  
New Zealand ◽  
Theory And Practice ◽  
Cultural Patterns ◽  
Content Type ◽  
Development System ◽  
Indigenous Development ◽  
Development Unit ◽  
Kaupapa Māori ◽  
Tribal Economic Development

Purpose – The purpose of this research was to identify and create a decentralized development system specific for the whanau (family) and hapu/runanga (sub-tribe) members of Te Rūnanga o Ngāi Tahu. In New Zealand, a number of Maori tribes have negotiated compensation with the New Zealand Government for past injustices. These assets are typically centralized within iwi (tribal) corporate structures to protect and grow the asset base on behalf of tribal constituents. This centralization of assets has caused political tension within tribes. Design/methodology/approach – This paper provides a case study of whanau/hapu-level businesses facilitated by the post-settlement iwi – Ngāi Tahu – to demonstrate how each level can work synergistically to encourage multi-level economic development in a way that matches cultural patterns and expectations. Participant action research theory and practice was utilized by researchers from Toitu Te Kainga (Regional Development Unit of Te Rūnanga o Ngāi Tahu) between 2008 and 2012. This was informed by an Enterprise Facilitation person-centred perspective and a Kaupapa Māori philosophy of respect and empowerment of the participants needs. Findings – This paper argues that while a certain level of centralization is required, to ring-fence and protect tribal assets at an iwi (tribal) level, the benefits gained by that centralization can then be utilized to provide a springboard for decentralized economic development at the whanau (family) and hapu (sub-tribe) levels. Originality/value – This new indigenous development system is referred to as the symbiotic development model and is an original outcome of this research paper. The paper concludes that tribal economic development in the post-settlement era in New Zealand needs to combine aspects of both centralization and decentralization.

scholarly journals White Tape and Indian Wards: Removing the Federal Bureaucracy to Empower Tribal Economies and Self-Government

2021 ◽  
pp. 563
Author(s):  
Adam Crepelle
Keyword(s):  
United States ◽  
Economic Development ◽  
American Indians ◽  
Direct Consequence ◽  
The United States ◽  
Poverty Rate ◽  
Federal Regulations ◽  
Regulatory Structure ◽  
Strict Scrutiny ◽  
Tribal Economic Development

American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources. This Article asserts the federal regulatory “white tape” is unconstitutional. By focusing on restraints upon trust land and Indian trader laws, this Article demonstrates that contemporary federal regulations impeding tribal economic development are based upon flagrantly racist ideas. This Article explores the unique relationship between Indians and the Constitution and concludes that restrictions on tribal trust land and Indian trader laws should be subjected to strict scrutiny rather than the usual rational basis review applied to legislation relating to Indians. These regulations cannot survive strict scrutiny. Once tribes are liberated from these antiquated regulations, this Article proposes that tribes be able to craft their own land use and economic policies without federal approval.

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