What is the trust responsibility?
The trust responsibility is the legal obligation of the federal government to fulfill the promises it made to Native American tribes in exchange for land and resources. This obligation was originally outlined in the 18th century as part of the U.S. Constitution’s Commerce Clause, and it was formalized in a series of treaties, executive orders, and laws. These agreements granted tribes the right to self-government, a share of tribal funds and resources, and other forms of assistance. In California, the trust responsibility is enforced through Indian Law. This specialized legal framework outlines the federal government’s responsibility to fulfill its treaty and trust obligations, while also protecting tribal sovereignty. The law also outlines the state’s responsibility to the tribes and their citizens, including the right to self-determination and the right to exclusively manage their lands and resources. The trust responsibility extends beyond resource management, and includes the federal government’s responsibility to provide health care, education, housing assistance, and other services to Californian Native Americans. In addition, it gives Native Americans the protection of the laws of the United States and the right to receive just compensation for any injuries sustained due to government actions. This trust responsibility is an important part of ensuring justice and equity for Native Americans in California.
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