What is the trust responsibility?
The trust responsibility between the United States and Native American tribes is a legal and moral obligation that exists between the two parties. It dates back to treaties signed between the United States and Native American nation-states, and acknowledges the government’s standing duty to protect Native American tribal lands, resources, and self-governance. This trust responsibility is rooted in federal Indian law which is governed by the Constitution, statutes, and court decisions. In South Carolina, the trust responsibility covers many areas, including land rights, treaty obligations, tribal sovereignty, tribal government, and resources. The trust responsibility guarantees that the United States will recognize the unique rights of Native American tribes to maintain their own government, and to participate in national and state policy decisions. The trust also requires that the government will provide assistance to tribes in maintaining tribal lands, resources, and cultural protection. The trust responsibility provides legal protection for tribal autonomy and resources, and creates the necessary framework for tribes to exercise self-government and pursue their own economic and social objectives. The trust also supports tribal governments and their members, including preserving the protection of their sacred, historical, and cultural sites. The trust responsibility is an important part of the relationship between the United States and Native American tribes, and is essential to ensuring the protection of tribal lands and resources.
Related FAQs
How are tribal lands regulated?What are the legal obligations of states to tribes and Native American resources?
What is the Indian Reorganization Act of 1934?
What is the trust responsibility?
How does Native American law affect taxation?
What is the Indian Health Care Improvement Act?
What is the Indian Land Consolidation Act?
What is the Indian Civil Rights Act?
What is the Native American Tribal Sovereignty Act?
What is the trust responsibility?
Related Blog Posts
How Native American Law Impacts Tribal Sovereignty - July 31, 2023Understanding the Indian Self-Determination and Education Assistance Act - August 7, 2023
5 Benefits of Tribal Participation in Federal Indian Law - August 14, 2023
What to Consider When Entering Into an Indian Country Jurisdiction - August 21, 2023
How To Draft an Enforceable Tribal Law - August 28, 2023