[20040308]RS21399_联邦政府对印第安部落的信托责任：最近的案例.pdf

1 Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831); Worcester v. Georgia, 31 U.S. (6 Pet.)515 (1832).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21399Updated March 8, 2004Trust Responsibility of Federal Governmentfor Indian Tribes: Recent CasesM. Maureen MurphyLegislative AttorneyAmerican Law DivisionSummaryThe courts and Congress have long acknowledged a trust relationship between thefederal government and the Indian tribes. Two Supreme Court cases, decided on March4, 2003, further clarify how trust obligations are established and delineated. In one case,the Court rejected the Navajo Nations claim for damages for the governments failureto maximize return from coal leases on tribal land. In the other, the Court ruled that afiduciary obligation from which damages could flow was created by a 1960 statutedeclaring that the United States was to hold a former military post, Fort Apache, in trustfor the White Mountain Apache Tribe subject to the right to use the land for schoolpurposes. These cases supply a backdrop against which other Indian trust cases may beviewed. Prominent among the pending cases is Cobel