Broadly speaking, Indian country is all land under the supervision of the United States government that has been set aside permanently for use by Indians. It includes all Indian reservations and other areas under federal jurisdiction and designated for Indian use. Additionally, it includes lands held by the United States in trust for tribes, and lands owned by tribes subject to federal restrictions on alienation.
There are more than 560 federally recognized Native American tribes in the United States, and unprecedented interest in commercial development — especially commercial real estate and natural resource development — in Indian country. Indian country offers unique opportunities for broad economic development in concert with tribes that are committed to creating jobs on reservations and to creating a sound economic base for their people. Even so, bringing such projects to fruition involves a number of unique issues and challenges. Developers, investors and financial institutions should make certain that they can answer the following five questions to ensure that an otherwise promising transaction is not delayed or even canceled because the right preparations were not made beforehand.
1. How is the tribe organized?
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