What is the trust responsibility?
The trust responsibility is a special legal relationship between the federal government and Native American tribes. This relationship extends the rights of Native Americans to special recognition under the law. The trust responsibility recognizes the unique government-to-government relationship between the United States and Native American tribes. Under this relationship, the federal government has the responsibility to provide protection, resources, and services to tribes, as well as to ensure that treaties entered with Native American tribes are upheld. In particular, the federal government is responsible for upholding the right of Native American tribes to maintain their culture, language, and traditions. This includes the duty to protect the lands of Native American tribes from harm. The trust responsibility also includes the duty to promptly provide tribes with the resources and services they need for their continued health, social, and economic sustainability. In Florida, the trust responsibility is upheld through multiple statutes. These include the Native American Rights Act, which gives tribes the authority to self-govern and protects their rights to certain resources, such as fishing and hunting. Additionally, the Indian Child Welfare Act protects the best interests of Native American children by granting tribes the authority to preserve their culture and providing standards of child custody proceedings. Lastly, the Native American Graves Protection and Repatriation Act protects the cultural and religious objects of Native Americans. Overall, the trust responsibility is an essential relationship between the United States and Native American tribes. It provides protection and resources to Native American tribes to ensure their continued health, social, and economic sustainability.
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