What is the trust responsibility?
The trust responsibility is a legal obligation of the United States to care for and protect the interests of Native American tribes. This trust obligation, which was first recognized by the Supreme Court in 1831, is based on treaties and agreements, as well as federal laws that govern the relationship between tribes and the federal government. The trust responsibility obligates the federal government to protect tribal resources, including land, natural resources, and cultural artifacts; to promote tribal economies; to provide financial and technical assistance; and to protect the health, safety, and rights of tribal citizens. According to the trust responsibility, the government is obligated to uphold the treaties it has made with tribal nations and act in the best interests of all parties involved. In Washington, the trust responsibility has been implemented through a number of different laws. The Indian Reorganization Act of 1934 grants the federal government authority over tribal lands and resources, while the Indian Self-Determination and Education Assistance Act of 1975 encourages tribal nations to self-govern their lands and resources. In addition, the Native American Graves Protection and Repatriation Act of 1990 ensures that Native American artifacts and human remains are protected and repatriated to their rightful owners. These laws reflect the federal government’s commitment to upholding the trust responsibility to Native American tribes in Washington.
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