Bound By Oath by IJ Indian Country | Season 3, Ep. 14
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Oct 14, 2025 Join law professor Adam Krippel and Hoover Institution fellow Terry Anderson as they navigate the intricate world of tribal property rights and economic development. They delve into how federal regulations hinder tribal businesses, the challenges of trust land ownership, and the historical context of indigenous property systems. Anderson highlights sophisticated pre-contact property practices, while Krippel discusses their modern implications. Together, they advocate for enhanced tribal sovereignty as a pathway to rejuvenate Indigenous economies.
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Plenary Power Strangles Tribal Self-Rule
- The Supreme Court's plenary power gives the federal government near-total control over Indian affairs, limiting judicial review.
- This doctrine creates legal uncertainty that hampers tribal self-determination and property use.
Don't Rely On Trust Title For Credit
- Avoid relying on trust-title for access to credit because trust land needs federal approvals and restricts lenders.
- Seek reforms so tribes can design property regimes that make lending feasible and lower interest costs.
NEPA Functions As A Reservation Surcharge
- Federal environmental waivers often exclude projects in Indian country, making NEPA a de facto extra tax on reservation projects.
- That differential treatment discourages investment compared with off-reservation opportunities.