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3 edition of Federal trust responsibility to Indian tribes for protection of natural resources found in the catalog.

Federal trust responsibility to Indian tribes for protection of natural resources

Federal trust responsibility to Indian tribes for protection of natural resources

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Published by Congressional Research Service, Library of Congress in [Washington, D.C.] .
Written in

    Subjects:
  • Indians of North America -- Government relations,
  • Natural resources -- Law and legislation -- United States

  • Edition Notes

    StatementM. Maureen Murphy
    SeriesMajor studies and issue briefs of the Congressional Research Service -- 1989-90, reel 6, fr. 00001
    ContributionsLibrary of Congress. Congressional Research Service
    The Physical Object
    FormatMicroform
    Pagination25 p.
    Number of Pages25
    ID Numbers
    Open LibraryOL15457835M

    • The “Trust Responsibility” of the U.S. Government to Indian tribes The Doctrine of Indian tribes are not foreign nations, but distinct political entities, Tribal Sovereignty governing themselves, and making treaties with the United States (Cherokee Nation v. Georgia ()). Their relationship to the United States Government is. the federal government’s trust responsibility to federally recognized tribes, based on the U. S. Constitution, treaties, statutes, executive orders, and court decisions. 9. The EPA provides advice and recommendations to federally recognized tribes supporting theFile Size: 1MB. Federal Treaty and Trust Obligations, and Ocean Acidification Robert T. Anderson decisions The federal trust responsibility is derived from all these sources, as well as their international law antecedents. homelands, access to natural resources, and recognition of the Cited by: 1.


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Federal trust responsibility to Indian tribes for protection of natural resources Download PDF EPUB FB2

The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages.

The Federal trust responsibility to American Indians is one of the A Study of Adminiptritive Conflict of Interest In the Protection of Indian Natural Resources.

Washington, U.S. Gov't. Print. (91st Cong., 2d sees. .ent in law and policy certain rights which are unique to File Size: 1MB. The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation States, ).This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation a ().

Over the years, the trust doctrine has been at the. Get this from a library. Federal trust responsibility to Indian tribes for protection of natural resources.

[M Maureen Murphy; Library of Congress. Congressional Research Service.]. Trust Responsibility of Federal Government for Indian Tribes: Recent Cases CRS Report for Congress Trust Responsibility of Federal Government for Indian Tribes: Recent Cases M. Maureen Murphy Legislative Attorney American Law Division Summary The courts and Congress have long acknowledged a trust relationship between the federal government and the Indian tribes.

Questions & Answers: American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act.

Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on Subject: American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act.

Sec. Purpose and Authority. This Order is issued by the Secretary of the Interior and the Secretary of Commerce (Secretaries) pursuant to the Endangered Species Act of16 U.S.C.as amended (the Act), the federal-tribal.

The Federal Trust Responsibility Draft Indian nations and the United States government have a sovereign-to-sovereign relationship established by treaties, agreements, acts of Congress, and court decisions.

European nations that “discovered” what is now the United States asserted exclusiveFile Size: KB. THE INDIAN TRUST RESPONSIBILITY: PROTECTING TRIBAL LANDS AND RESOURCES THROUGH CLAIMS OF INJUNCTIVE RELIEF AGAINST FEDERAL AGENCIES Mary Christina Wood* I.

Enforcement of the federal trust responsibility' is necessary to protect Native America from environmental assault. Traditional lifeways that reach back. Natural Resources (TPA) Natural Resources supports the strategy of improving management, protection, and development of Indian land and natural resource assets by allowing tribes to manage their own natural resources and compliance with various regulations and requirements related to their natural resource assets.

$ million in funding from thisFile Size: KB. The ‘trust responsibility’ is a legal principle that the Supreme Court noted in United States v. Mitchell () is “the undisputed existence of a general trust relationship between the United States and the Indian people.” This relationship is one of the most significant and motivating concepts in federal Indian law.

The Supreme Court first recognized the existence of a. THE FEDERAL TRUST RESPONSIBILITY AND TRIBAL-PRIVATE NATURAL RESOURCE DEVELOPMENT Lynn H.

Slade1 Albuquerque, New Mexico I. INTRODUCTION The Federal government’s trust responsibility towards Indian lands and resources is multi-faceted.2 One element of the trust doctrine defines tribes’ claims against the United States for taking or.

(B) The term "tribal trust resources" means those natural resources, either on or off Indian lands, retained by, or reserved by or for Indian tribes through treaties, statutes, judicial decisions, and executive orders, which are protected by a fiduciary obligation on the part of the United States.

government. The federal trust responsibility arises out of agreements between the federal government and Indian tribes.

In the taking of vast tracks of land from the tribes, the federal government is obligated to protect and care for those remaining and significantly smaller (and often less fertile) lands and natural resources.

All federal. NATIVE AMERICAN CONTROL OF TRIBAL NATURAL RESOURCE DEVELOPMENT IN THE CONTEXT OF THE FEDERAL TRUST AND TRIBAL SELF­ DETERMINATION Mark Allen* I. INTRODUCTION When the United States and the Indian Tribes entered into trea­ ties last century, in exchange for the tribes' land the government promised protection and assistance.

The trust doctrine also justified federal intrusion in the name of protecting Indian tribes.() For instance, during the height of the plenary power doctrine, the Supreme Court specifically relied on the guardianship relationship to justify the government's power to legislate on behalf of Indian tribes or to manage Indian property.() The.

• U.S. Navajo Nation, U.S. () – federal statutes did not give comprehensive control over the activity there, and therefore there was no violation of trust duties.

In addition, federal laws giving tribes the lead role in protecting resources may affect the nature of the trust duty. • United States v. Indian Country Budget Request. Fiscal Year Indian Country Budget Request Honoring the Promises, Building Strong Nations.

This FY Indian Country Budget Request benefits rural America, prioritizes federal programs and services that honor the federal trust responsibility, as well as many programs that are critical components of strong tribal economies and public safety systems.

Indian water rights, however, were neglected by Congress in favor of non-Indian agricultural development in the arid west. Modern litigation over tribal rights takes place primarily in state courts that are tempted to interpret the few United States Supreme Court cases in ways that protect existing non-Indian uses over senior tribal water : Robert T.

Anderson. Other Related Natural Resources FAQs. FAQs regarding Distributions Insights into what are distributions; the different types and their tax implications; definitions of Indian Country and reservations; what is meant by competent and non-competent; and requirements to withhold on per capita distributions from gaming proceeds, as well as, withholding of gambling winnings to non-resident aliens.

federal agencies consult with tribes. For example, as stated in guidance issued by the Department of the Interior: In the event an evaluation [of a proposed agency action] reveals any impacts on Indian trust resources, trust assets, or tribal health and safety,File Size: KB.

The federal trust responsibility in essence entails duties of good faith, loyalty, and protection, and has been variously characterized as a corner-stone of federal Indian law and essentially just a mere platitude.

The trust responsibility is a name describing the relationship between Indian tribesAuthor: Daniel I.S.J. Rey-Bear, Matthew L.M.

Fletcher. WHEREAS, Indian Nations continue to face an accelerated amount of projects that are funded and benefit private parties and governmental entities that results in (1) unparalleled ignorance and disregard for the values of Indian Nations of their land and resources; (2) irreparable harm to ancestral land and cultural resources aboriginal and/or sacred to Indian Nations; and (3) little or no.

The firm frequently represents tribes in suits against the federal government for failure to honor its trust responsibility. Our work has resulted in settlements totaling several hundred million dollars for Tribes whose lands, mineral interests, and trust funds were mismanaged by the federal government.

For example, in Shoshone Indian Tribe v. federal trust responsibility, involving the legal responsibilities and obligations of the United States toward Indian tribes and the application of fiduciary standards of due care with respect to Indian lands, tribal trust resources, and the exercise of tribal rights.

A Study of administrative conflicts of interest in the protection of Indian natural resources. [Reid Peyton Chambers; United States. Congress. Senate. description\/a> \" Discharge of the federal trust responsibility to enforce claims of Indian tribes: case studies of bureaucratic conflict of interest \/ by Reid Peyton Chambers.

NATURAL RESOURCES JOURNAL [Vol. 46 have developed an effective system for defining and protecting the trust corpus.3 However, instead of protecting Indian water rights, the federal government has consistently expended the vast majority of its resourcesAuthor: Robert T. Anderson.

Trust acquisitions also allow tribes to grant certain rights-of-way and enter into leases necessary for tribes to negotiate the use and sale of the natural resources. Additionally, trust lands provide the greatest protections for many communities who rely on subsistence hunting and agriculture that are important elements of tribal cultures and.

The federal government also maintains a trust responsibility toward tribes based on treaties, agreements, statutes, and case law.7 This trust responsibility is “a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and. The Federal government's trust responsibility towards Indian lands and resources is multifaceted.1 The trust doctrine's role in defining tribes' claims against the United States for taking or badly managing tribal lands has been the focus of much discussion.2 The trust doctrine also figures in defining the United States' duties with respect to minerals development on tribal or individual.

Conflict-of-interest problems arising out of this dual involvement on the part of Federal agencies are troublesome and serious. The need exists to provide American Indians with independent legal counsel to assure adequate protection of their claims to natural resources.

Recommendation. Creation of Indian Trust Counsel Authority. Functions. defining feature is the federal government's trust responsibility toward the Indian nations. They often disagree, however, on the substantive content of the trust doctrine. In some cases, the trust doctrine imposes duties and obligations on the government with respect to its dealings with the Indian nations.

Other interpretations of the trust. trust responsibility of the Federal government to the tribes. InCongress enacted the Indian Self-Determination and Education Assistance Act that acknowledged the Federal government’s trust responsibilities and directed the Bureau of Indian Affairs and Indian Health Services to turn over many of the services performed by those agencies.

The U.S. government’s trust responsibility to American Indians was affirmed in the s by the Supreme Court. The court ruled that when the government entered into treaties with Indian tribes, it made a promise to protect and enhance Indian tribes. Natural and Cultural Resources - The U.S.

Army Corps of Engineers will act to fulfill its obligations to preserve and protect trust resources and to consider the potential effects of Corps programs on natural and cultural resources. The Corps is determined to comply with the Native American Graves Protection and Repatriation Act and to ensure.

of the United States that make policy affecting Indian tribes and individual Indian beneficiaries, the Bureau of Land Management, Bureau of Reclamation, Fish & Wildlife Service, National Park Service, and the Department's other bureaus and offices share the same general Federal trust responsibility toward tribes and their Size: 60KB.

Trust Responsibility The federal trust responsibility arises from treaties, statutes, executive orders, and the historical relations between the U.S.

and Indian tribes. In a broad sense, it refers to the unique legal and political duties and moral obligations with Indian tribes.

In a narrower sense, it refers to theFile Size: KB. ACF strives to act in accordance with the general trust responsibility between the United States and tribes. Trust responsibility is derived from treaties with tribes, statutes, and opinions of the U.S. Supreme Court and provides a fundamental basis for the relationship between the federal government and federally recognized Indian tribes.

Comment: An individual commenter stated that the intent of this language is to withhold trust responsibilities of the Federal government, especially when an individual Tribal member's energy resources are included in a TEDO, and that this does not comply with the Federal government's trust responsibility to individual Tribal members.

Indian Water Rights and the Federal Trust Responsibility Article in Natural resources journal 46(2) May with 13 Reads How we measure 'reads'. managing and protecting lands and resources important to Indian tribes and the American people.

The federal trust responsibility confirms that tribes. 43 CFR Part 7, Protection of Archaeological Resources; 43 CFR P Native American Graves Protection and RepatriationFile Size: KB.Federal trust responsibility and Indian tribes (Background papers on Native American issues) [Steve Linscheid] on *FREE* shipping on qualifying : Steve Linscheid.The federal government's trust responsibility to Indians is often used to enforce Indian rights against the federal government.' Courts have been especially willing to invoke the trust responsibility against federal execu-tive officials entrusted with the management of Indian property held in trust for tribes by the federal government.2 Ruling.