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Virginia Postrel's avatar

This research cries out for some qualitative reporting on how exactly these differences manifest themselves on the ground.

H Ann's avatar

I apologize if these questions are addressed in the full report, which is subscription gated.

Is percentage the "percentage fee ownership" variable positively or negatively correlated with Native American median income? Are these checkerboard reservations? Generally fee land on-Reservation is associated with a large non-Native population and shift in jurisdiction and governance away from the tribe and to the state. Very little on-Reservation fee land is owned by tribal members in the places I am most familiar with. Conventional wisdom is that this is bad and that the tribes with intact land bases are more successful and better off. Also, there is a correlation/causation issue where the best agricultural was allotted and ultimately sold while the worst land remained in trust.

Is PL-280 status good or bad? Conventional wisdom among activists in this space is that it is bad because it handicaps tribal self-government. (But any statistical analysis would be in danger of getting swamped by the fact that California is a PL-280 state and would dominate the data.)

Did you check to see if the tribal law codes have been maintained and kept up to date or just whether they existed? It is not uncommon from tribal websites to deteriorate or be updated only very sporadically. Again, there is a correlation/causation issue where tribes that already have money are better at maintaining their websites.

I'm surprised that you found such a strong positive correlation between the existence of formal government structures and economic activity. My own experience practicing law in this area is that the tribes where the tribal council really makes the decisions are easier to work with than the tribes that have written rules and a bureaucracy. I suspect that is what is really going is that tribes that have money use this money to create government jobs for their membership.

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