Publications

    Economic and Social Impacts of Restrictions on the Applicability of Federal Indian Policies to the Wabanaki Nations in Maine

    Joseph Kalt, Amy Besaw Medford, and Jonathan B. Taylor, December 2022 

    For at least the last several decades, federal Indian policy in the US has supported tribal self-determination through tribal self-government. The results have been (1) remarkable economic growth across most of Indian Country, and (2) concomitant expansions of the responsibilities and capacities of tribal governments. Hundreds of tribes across the other Lower 48 states now routinely serve their citizens with the full array of governmental functions and services that we expect from non-Indian state and local governments in the US, and increasing numbers of tribes are the economic engines of their regions.

    Unique to Maine, the federal Maine Indian Claims Settlement Act of 1980 (MICSA) empowers the state government to block the applicability of federal Indian policy in Maine. As a result, the development of the Wabanaki Nations’ economies and governmental capacities have been stunted. Today, all four of the tribes in Maine—Maliseet, Mi’kmaq, Passamaquoddy, and Penobscot—are stark economic underperformers relative to the other tribes in the Lower 48 states.

    The subjugation of the Wabanaki Nation’s self-governing capacities is blocking economic development to the detriment of both tribal and nontribal citizens, alike. For the tribal citizens of Maine held down by MICSA’s restrictions, loosening or removing those restrictions offers them little in the way of downside risks and much in the way of upside payoffs.

    Importantly, we find in this study that “nowhere to go but up” also applies to the Maine state government and Maine’s non-tribal citizens. From case after case, the pattern that has emerged under federal policies of tribal self-determination through self-government is one in which tribal economic development spills over positively into neighboring non-tribal communities and improves the abilities of state and local governments to serve their citizens. As is the case with any neighboring governments, conflicts can arise between tribal and non-tribal governments. The overall experience outside of Maine in this regard has been that increasingly capable tribal governments improve state-tribal relations by enabling both parties to come to the table with mature capacities to cooperate. Against these upside prospects is a status quo in which all sides leave economic opportunities on the table and ongoing cycles of intergovernmental conflict, litigation, recrimination, and mistrust continue.

    Assessing the U.S. Treasury Department’s Allocations of Funding for Tribal Governments under the American Rescue Plan Act of 2021

    Eric C. Henson, Miriam R. Jorgensen, Joseph P. Kalt, & Isabelle G. Leonaitis; November 2021  

    The American Rescue Plan Act of 2021 (“the Act” or “ARPA”) has resulted in the single largest infusion of federal funding for Native America in U.S. history. The core of this funding is $20 billion for the more than 570 federally recognized American Indian and Alaska Native tribal governments. As required by the Act, the Department of the Treasury (“Treasury” or “the Department”) devised and has now implemented a formula for allocating these monies. In this report, the authors find that the allocations that have been made are grossly inequitable and contrary to the policy objectives of Congress, the Biden Administration, and the Treasury Department itself.

     

    This study uses publicly available information to estimate enrollment and employment counts for tribes. These figures are only estimates created for the express purpose of analyzing the appropriateness of the US Department of the Treasury’s American Rescue Plan Act allocations. Our estimates have not and cannot be verified against actual enrollment or employment data submitted to the Department of Treasury by each tribe.  We believe the estimates are as accurate as possible and reliable for the purpose of assessing the relative positions of tribes under Treasury’s ARPA allocations, but should not be extracted and used as accurate for any individual tribe or for any purpose other than how they are used here.

     

    Federal COVID‐19 Response Funding for Tribal Governments: Lessons from the CARES Act
    Henson, Eric C., Megan M. Hill, Miriam R. Jorgensen, and Joseph P. Kalt. 2021. “Federal COVID‐19 Response Funding for Tribal Governments: Lessons from the CARES Act”. Read the full report Abstract

    The federal response to the COVID19 pandemic has played out in varied ways over the past several months. For Native nations, the CARES Act (i.e., the Coronavirus Aid, Relief, and Economic Security Act) has been the most prominent component of this response to date. Title V of the Act earmarked $8 billion for tribes and was allocated in two rounds, with many disbursements taking place in May and June of this year.

    This federal response has been critical for many tribes because of the lower socioeconomic starting points for their community members as compared to nonIndians. Even before the pandemic, the average income of a reservationresident Native American household was barely half that of the average U.S. household. Low average incomes, chronically high unemployment rates, and dilapidated or nonexistent infrastructure are persistent challenges for tribal communities and tribal leaders. Layering extremely high coronavirus incidence rates (and the effective closure of many tribal nations’ entire economies2) on top of these already challenging circumstances presented tribal governments with a host of new concerns. In other words, at the same time tribal governments’ primary resources were decimated (i.e., the earnings of tribal governmental gaming and nongaming enterprises dried up), the demands on tribes increased. They needed these resources to fight the pandemic and to continue to meet the needs of tribal citizens.

    Emerging Stronger than Before: Guidelines for the Federal Role in American Indian and Alaska Native Tribes’ Recovery from the COVID‐19 Pandemic

    The COVID‐19 pandemic has wrought havoc in Indian Country. While the American people as a whole have borne extreme pain and suffering, and the transition back to “normal” will be drawn out and difficult, the First Peoples of America arguably have suffered the most severe and most negative consequences of all. The highest rates of positive COVID‐19 cases have been found among American Indian tribes, but that is only part of the story.

    Even before the pandemic, the average household income for Native Americans living on Indian reservations was barely half the U.S. average. Then the pandemic effectively shut down the economies of many tribal nations. In the process, tribal governments’ primary sources of the funding – which are needed to fight the pandemic and to meet citizens’ needs – have been decimated.

    As with the rest of the U.S., emergency and interim support from the CARES Act and other federal measures have helped to dampen the social and economic harm of the COVID‐19 crisis in Indian Country. Yet this assistance has come to the country’s 574 federally recognized Indian tribes with litigation‐driven delay and counterproductive strings attached, and against a pre‐ pandemic background characterized by federal government underfunding and neglect – especially as compared to the funding provided and attention paid to state and local governments.

    Policy Memo Regarding the Allocation of COVID-19 Response Funds to American Indian Nations
    Akee, Randall K.Q., Joseph P. Kalt, Eric C. Henson, and Miriam Jorgenson. 2020. “Policy Memo Regarding the Allocation of COVID-19 Response Funds to American Indian Nations”. Read the full memo text Abstract

    The COVID-19 crisis poses an immediate threat to three decades of improvement in economic conditions across Indian Country. Federal policies of tribal self-determination through self government have gradually, if unevenly, allowed economic development to take hold in Indian County. Nevertheless, the poverty gap for American Indians is large and hard to close. American Indian/Alaska Native household incomes remain barely half that of the typical household in the US. Tribes now routinely undertake and self-fund the full array of basic governmental services – from law enforcement and public safety to social services and educational support – that we expect any state or local government to provide.

    Tribes lack the traditional tax bases enjoyed by state and local governments. Tribal enterprise revenues – both gaming and non-gaming – are tribes’ effective tax bases. Prior to the total shutdown of their casinos, tribes’ gaming enterprises alone were channeling more than $12.5 billion per year into tribal government programs and services . No tribal casinos are operating at this time. The same applies to many non-gaming enterprises and many tribal government programs. The COVID-19 crisis is devastating tribes’ abilities to fund their provision of basic governmental services and forcing tribes to make painful decisions to lay off employees, drop workers’ insurance coverage, deplete assets, and/or take on more debt.