United Tribes ) Michigan - Little Traverse Bay Bands of Odawa Indians

INDIAN NATIONS
Business & Economic Development
The economic challenges facing tribes are unique. Like other governments, tribes must provide housing, health,
education and other basic services to members. Unlike other governments, tribes lack a solid tax base from which to
fund these services and must rely on a combination of federal funding and revenue from tribal enterprises. Despite the
federal government's trust obligation, federal appropriations for Indian country have stagnated in recent years, falling
far short of meeting the housing, health and other basic needs of tribal members. It is increasingly clear that the
welfare of tribal communities will depend largely on the ability of tribal governments to find alternative revenue
sources. Economic development is, therefore, essential.
Godfrey & Kahn's Indian Nations Law Practice Group combines the experience of the firm's business lawyers with a
thorough knowledge of federal Indian law and extensive Indian country experience to help tribes achieve their
economic development goals while protecting and enhancing tribal sovereignty. The firm's Indian country economic
development experience includes assisting tribes in connection with:
• Establishment of the legal infrastructure required for economic development, including drafting of corporate,
commercial and other business ordinances that encourage business while respecting sovereignty;
• Preparation of business development plans developed with community participation that serve as a "road
map" for economic development and provide a basis for tribes to pursue business opportunities proactively
rather than responding to "pitches" by outside parties;
• Design and implementation of due diligence procedures for the thorough evaluation of business opportunities
to assure that the tribe does not invest funds in a project with little likelihood of success;
• Structuring of tribally owned corporations or limited liability companies that provide for management by
experienced business people and independence from tribal politics while, at the same time, assuring
accountability to elected leaders through checks and balances;
• Advice with respect to the differing tax, regulatory and sovereignty issues that arise depending upon whether
a tribe forms a tribal corporation or a limited liability company under tribal law, state law or Section 17 of the
Indian Reorganization Act;
• Formation of tribally sponsored community development financial institutions (CDFIs) to encourage a private
sector reservation economy by making business loans to tribal member entrepreneurs with funds provided by
United States Department of the Treasury;
• Effective use of federal and state laws designed to encourage economic development in Indian country,
including laws that give preference to tribally owned businesses in competing for state and federal contracts
and tax advantages available to outside parties that partner with tribes;
• Representation in acquisitions, joint ventures, financing and other business transactions to assure that the
tribe's sovereign interests are protected, that assets at risk are limited and that appropriate exit strategies are in
place; and
• Serving as a general resource of business information and services by bringing tribes together with bankers,
venture capitalists, finance specialists, accounting firms and other business consultants and service providers
within Godfrey & Kahn's broad network of business relationships.
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