Economic Development in Indian Country
Spring Semester 2016
Tuesday and Thursday, 1:10-2:40 p.m.
Room 201
I.
Course Overview and Objectives.
Why are American Indian reservations some of the poorest places in the country? How can Indian
tribes build strong and sustainable economies? Why are some tribes successful in that endeavor
while others struggle? Now that tribes have casinos, aren’t they all rich?
Economic Development in Indian Country begins with these questions, which continue to demand
answers from Indian Country, the federal government and businesses seeking to prosper on or near
Indian reservations. While on their face, these questions may appear based in economic theory, the
unique legal status of Indian tribes and their relationship to the federal government require a detailed
examination of federal policy and Supreme Court jurisprudence. Thus, attorneys will continue to
play a central role in understanding, explaining and advising their clients about the challenges of
tribal economic development.
The objectives of this course are to provide a foundational understanding of the issues surrounding
economic development in Indian Country and then to build on that foundation through
examination of various types of development and potential development in Indian Country.
Throughout the course, we will discover how history, federal policies, and the unique status of each
tribe play a role in determining that tribe’s options for building an economic engine. We will also
study practical issues, such as popular misconceptions about tribal status, which may affect business
transactions in Indian Country.
By the end of the course, each of you will understand the foundational issues affecting all tribes and
have the analytical framework to assess unique circumstances relevant for a particular tribe or
development opportunity. In other words, the goal of this course is to prepare you to answer the
questions listed above on your own and to give you the tools answer them for your future clients, be
they an Indian tribe, an individual tribal member, a governmental agency, or a private business
seeking to do business in Indian Country.
II.
Course Requirements.
A. Texts:
Robert J. Miller, RESERVATION ‘CAPITALISM’: ECONOMIC DEVELOPMENT IN INDIAN
COUNTRY (2012).
REBUILDING NATIVE NATIONS: STRATEGIES FOR GOVERNANCE AND DEVELOPMENT,
Miriam Jorgensen, ed. (2007).
David H. Getches, Charles F. Wilkinson, Robert A. Williams, Jr. & Matthew L.M.
Fletcher, CASES AND MATERIALS ON FEDERAL INDIAN LAW (6th ed. 2011).
B. Additional Readings: We will also have a number additional readings posted on
Moodle as we move through the semester.
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C. Assessment: Your assessment in the class will be based on the following:
Attendance and participation. There are three components to this assessment, which are
described in additional detail below: 15%
In-class case study presentation. Each of you will be responsible for researching and
presenting to the class a relevant case study that will help expand our understanding of
the issues we will be discussing. 25%
Comprehensive Final Exam. The final exam will be a comprehensive exam, which will be
graded anonymously. Although the precise format of the exam is subject to change and
further refinement, the exam will likely be open book/open note and consist of a variety
of formats (i.e., multiple choice, short answer and essay questions). We can have an exam
review session if requested at or near the end of the semester. 60%
D. Attendance: Just as attorneys are expected to show up for court dates, you are expected
to come to class, unless prohibited from doing so by unforeseen or unavoidable
circumstances. Your grade for attendance and participation will be affected after three
unexcused absences. Also, please inform me as soon as possible if you will be unable to
attend a class session. (5%)
E. In-Class Participation: As with attendance, you are also expected to arrive to class
having read the materials for that class session and prepared to actively contribute to our
discussion of them. You are expected to participate in the classroom to an appropriate
extent and your participation is expected and encouraged even if you may not have the
“right answer”. If called upon, you will be allowed one “pass” if you feel you are not able
to participate but, after that, your participation grade will be affected if you fail to
participate in class. To encourage maximum participation and open discussion, please do not record
class sessions. (10%)
F. Laptop Usage: Class participation includes staying focused on the topic under
discussion and being ready to participate in discussions. If you find non-class related
laptop activities of other classmates distracting during class time, please notify me so
appropriate steps can be taken to handle the situation
G. Academic Honesty/Conduct: All students must practice academic honesty. Academic
misconduct is subject to an academic penalty by the course instructor and/or a
disciplinary sanction by the University. All students need to be familiar with the Student
Conduct Code. The Code is available for review online at Student Conduct Code. Law
students should also be familiar with the Law School Honor Code, which can be found
in Appendix A of the Law Student Handbook.
H. Equal Access Protections: The University of Montana assures equal access to
instruction through collaboration between students with disabilities, instructors, and
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Disability Services for Students (DSS). If you think you may have a disability adversely
affecting your academic performance, and you have not already registered with DSS,
please contact DSS in Lommasson 154. The Law School will work with you and DSS to
provide an appropriate accommodation.
III.
Contact Information.
Monte Mills
Office 112 (1st floor – clinic wing)
406-243-2544
monte.mills@umontana.edu
Office Hours: TBD
IV.
Course Outline and Schedule.
Below is a rough outline of the topics to be covered during the entire course and an approximate
schedule. Although we will do our best to maintain a regular schedule, prolonged class discussion,
guest speaker availability or other more pressing events or interesting issues may require revisions to
the schedule. In any event, I will endeavor to provide reading assignments at least a week in advance.
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Course Outline and Approximate Schedule
Week 1 (Jan 25-29):
I.
Basics of Federal Indian Law
Federal Indian policy
Overview of eras of federal Indian policy
The trust relationship
Marshall trilogy
Plenary power
Lone Wolf v. Hitchcock
Kagama
II.
Indian land
Indian Country and diminishment
18 U.S.C §1151 and related cases (Sac and Fox, Venetie, Solem v. Bartlett)
Land status in Indian Country
The current state of things and its challenges
Carcieri, Patchak, Akiachak
Weeks 2-3 (Feb 1-12):
III.
Authority over land
Jurisdiction
Montana and progeny
Taxation
Williams v. Lee, Mclanahan, White Mountain
Merrion, Cotton Petroleum
Federal oversight
Federal trust responsibilities
NEPA
Environmental regulations
Weeks 4-5 (Feb. 15-26):
IV.
Tribal status
Federal recognition
Revised Part 83 regulations and dis-enrollement cases/issues
Membership issues and employment
Title VII and tribal preference (Dawavendewa?)
Federal statutes of general applicability (NLRA, ERISA, OSHA)
Sovereign immunity
Kiowa Tribe, Breakthrough Mgmt. Group, Inc.
Week 6-7 (Feb. 29-March 11):
V.
On and off reservation issues
Corporate structures
Somerlott v. CNI, Inc., Rassi v. Federal Program Innovators, Inc.
Tribal and state laws
UCC, tort claims – model tribal codes
Financing and capital
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TED Bonds and Essential Governmental Functions
Week 8 (March 14-18)
VI.
Gaming
History and IGRA
Cabezon
IGRA
Current issues
Bay Mills
Off-reservation gaming
NIGC and Class III regulation
Week 9-10 (March 21-Apr. 1)
VII. Natural Resources
Minerals – IMLA, IMDA, TERAs and the trust responsibility
Timber – Mitchell cases and federal involvement
Water – Winters rights, tribal water settlements and water marketing
Renewables – HEARTH Act, TERAs and newer development
Week 11 (Apr. 11-15)
VIII. Other development approaches/opportunities
Online lending – Cash Advance
Tourism – Grand Canyon Skywalk and Escalator
Intra-tribal and international commerce
Marijuana – Suquamish-Washington Compact
Week 12 (Apr. 18-22)
IX.
Strategies for Success
Governance, certainty, planning
Case studies
Week 13 (Apr. 25-May 2)
X.
Student Presentations and Wrap-up
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