What are the legal obligations of states to tribes and Native American resources?
In North Carolina, the state has certain legal obligations to Native American tribes and resources that must be fulfilled. Under the Federal-Indian law, the United States government has established a trust relationship with Native American tribes. This relationship requires the United States to provide protection, assistance and services to tribes. Additionally, tribes have certain rights to their land and resources due to treaties and other agreements with the federal government. In North Carolina, state law requires the Governor and General Assembly to protect tribal sovereignty. This means that states must respect the tribes’ rights to self-governance and must not interfere with any state or federal regulations or laws regarding tribes. Additionally, the state government must help protect Native American rights to resources, including fish, water, minerals and real property. In addition, North Carolina has a trust responsibility to preserve and protect any Native American cultural and religious sites located within the state. This includes protecting any artifacts and other objects of Native American heritage that may be found on or near state property. The state also must ensure that any development, such as roads, does not interfere with or damage these sites. Finally, North Carolina has a legal obligation to protect Native American natural resources. This includes protecting any plants or wildlife found on or near tribal land. The state must also ensure that any decision it makes regarding resource management does not negatively impact any Native American tribes or resources.
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