Native people have aboriginal rights that stem from their original occupation of the land, as well as rights reserved by treaties with the United States government. The Constitution gives the federal government power to regulate affairs with tribes that are recognized as sovereign, or domestic dependent, nations. The federal government is also charged with acting in the best interest (i.e., trust responsibility) of tribes and individual beneficiaries to protect their aboriginal and treaty rights. In 2014, the Secretary of the Interior issued Secretarial Order No. 3335, Reaffirmation of the Federal Trust Responsibility to Federally Recognized Indian Tribes and Individual Indian Beneficiaries, to recognize tribal self-determination, reiterate the special government-to-government relationship with tribes, and strengthen the Department’s commitment to fulfilling its trust obligations. All bureaus and offices in the Department were directed to abide by the following guiding principles consistent with all applicable laws:

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• respect tribal sovereignty and self-determination;

• ensure trust and restricted fee lands, trust resources, and treaty rights are protected;

• be responsive and informative in all communications and interactions with tribes;

• work in partnership with tribes on mutually beneficial projects;

• work with tribes and individual beneficiaries to avoid or resolve conflicts; and

• ensure decisions affecting tribes and individual beneficiaries are consistent with the trust responsibility.

 

[Source:2018 FONSI]