dating back to the U.S. Constitution, the federal government has contracted with and passed laws affecting the "self- determination" of indigenous peoples, involving both government services and private enterprise. State governments have likewise entered into inter-govern- mental agreements or "compacts" with tribes, including regulation of Indian gaming. Opportunities for private entities to do business with Indian nations and on reservation lands has spawned economic development in many areas, including real estate, finance, natural resources, retail and commercial operations, as well as tourism and entertainment. This article is intended to help companies and indi- and corresponding benefits of contracting with tribal governments and doing busi- ness with tribal entities. Doing Business? with the tribe itself, which is a sovereign nation, meaning that it has sovereign immunity. The tribe's absolute immunity from suit, in government operations as well as commercial transactions, ap- plies even to contracts and business activities off the reservation. This can be intimidating for individuals or companies seeking a business relationship with a tribe; however, those who take the time to falls, may reap many lucrative economic opportunities. Apart from some traditional govern- ment operations, some of which may fall under the aegis of federal law, Indian tribes often conduct business through separate entities, such as tribal corpora- tions and business "enterprises." Tribal corporations can be established under federal law, but more commonly are cre- ated under that tribe's own laws, which will be controlling for most business transactions and disputes. Federal law vests tribal governments with the power to engage in business transactions and to create business corpo- rations under Section 16 of the Indian Reorganization Act (IRA) for government operations, such as housing authorities, and under Section 17 for other commer- cial activities. The key issue is that most Section 17 corporate charters include a "sue and be sued" clause, which has been interpreted as being a limited waiver of sovereign immunity, at least re- garding those assets specifically pledged or assigned in the transaction. Keep in mind that there are some contracts, including certain leases and professional services agreements, which must comply with Tribal Governments and Entities by the Arizona Board of Legal Specialization as a specialist in injury and wrongful death. He has represented numerous Indian tribes in Arizona and tribal courts in the Western United States. 702 East Osborn, Suite 200 Phoenix, Arizona 85014 602.274.7611 Phone 602.234.0341 Fax tjulian@bcattorneys.com www.bcattorneys.com 702 East Osborn, Suite 200 Phoenix, Arizona 85014 602.274.7611 Phone 602.234.0341 Fax miyer@bcattorneys.com www.bcattorneys.com emphasizes commercial litigation and institutional defense, including representation of Indian tribes in Arizona. |