Surety Concerns When Dealing With Native American Tribes and Tribal Entities
Author: Edward Rubacha.
Source: Volume 22, Number 02, November/December 2008 , pp.30-53(24)
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Abstract:
Tribes are building casino and resort projects in which to conduct gaming operations, and the profits realized from these operations are providing capital to build much-needed infrastructure. As a result, sureties are increasingly faced with requests from their principals to bond projects where the intended obligee is a Native American tribe. For the surety considering issuing bonds for Native American projects, the negotiation process can provide a “go/no go” decision point if the tribal officers refuse to negotiate the terms of the proposed agreement or refuse to waive the tribe’s sovereign immunity in even a limited manner.Keywords: Sovereign immunity; Bureau of Indian Affairs; Tribal Entity
Affiliations:
1: Jennings, Haug & Cunningham.