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

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.

Tribal Gaming Leader Strategies toward a Sustainable Future

One aspect of leadership strategy is the need to account for the core values of the organization. The purpose of this case study was to explore the tribal gaming leader strategies used toward sustainability, an action that leads to tribal economic development and stability. The conceptual framework of situational leadership theory was used to guide the scope and analysis of this study. Six tribal gaming leaders from Oklahoma participated in a focus group session; 7 additional tribal gaming leaders from the same gaming organization participated in individual interview sessions. Member checking was used to strengthen the credibility and trustworthiness of the interpretation of the participants’ responses. Additionally, company documents were reviewed to triangulate the data. Four emergent themes were identified after data analysis: business value, which was attributed to tribal leaders’ alignment to their mission; strategic vision, which included their marketing and overall business environment; collaboration, which was evident wherein the tribal gaming leaders utilized internal and external partnerships to improve local communities and maintain competitive advantage; and communication, which was emphasized for its importance as a daily skill for information sharing.

Native American Approaches to Social Entrepreneurship

Few groups face more significant, complex, and difficult economic and social problems than those confronted by American Indians. Economic impoverishment, unemployment, exploitation of natural resources, a failing educational system, insufficient housing, inadequate healthcare, and loss of cultural identity all threaten the wellbeing of native communities. Social entrepreneurship has proven an effective avenue for the pursuit of tribal economic development, sustained economic independence, and sovereignty of Native American people. Native American social entrepreneurs have specific and unique characteristics which impact business decision making, strategy, and enterprise growth. American Indian entrepreneurs can leverage knowledge of their distinct history, institutions, indigenous culture, and local economic resources in order to add value to their social entrepreneurial ventures.

Development of indigenous enterprise in a contemporary business environment – the Ngāi Tahu Ahikā approach

Purpose Tribal economic development in post-settlement era Aoteroa/New Zealand has opened up opportunities for Maori to invest in the sustainable commercial utilisation of their traditional economic resources. Mahinga kai (traditional food and food sources) has always been at the heart of the Maori tribe Ngāi Tahu’s spiritual, cultural, social and economic existence. The purpose of this research is to revitalise mahinga kai enterprise through the commercial development of traditional and contemporary food and food resources in a culturally commensurate manner. Design/methodology/approach Participant action research theory and practice were used by researchers from Toitū Te Kāinga (Regional Development Unit of Te Rūnanga o Ngāi Tahu) between 2008 and 2012. This was informed by a Kaupapa Maori philosophy of respect and empowerment of the participants’ needs. Findings The development of the Ahikā Kai Indigenous business system shows that competitive advantage can be created for Indigenous businesses and enterprises through a four-pronged strategy based around: first, human rights that empower tribal members; second, product differentiation based on cultural principles; third, an internal accreditation system to help verify the ethical credibility of the products; and fourth, lowering producer costs through website marketing and direct-to-consumer selling. Originality/value This research adds to a growing (yet still evolving) body of literature on Indigenous entrepreneurship and the role of voluntary certification in Indigenous business development. The Ahikā Kai business system is an original world first for this type of Indigenous development based on creating a competitive advantage for multiple independent enterprises while maintaining the core integrity of its cultural brand and its operations.

Centralized decentralization for tribal business 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.