Federal Trust Responsibility

Question 1

U.S. v. Mitchell I

Answer 1

Allotment Act expected allottee to manage the land.

Question 2

U.S. v. Mitchell II

Answer 2

Express language imposed a duty on US + the federal role.

Question 3

Rule

Answer 3

Who has control? Has the fed govt taken on an obligation and do they have control?

Question 4

U.S. v. Navajo Nation

Answer 4

1. express language supporting fed duty and 2. comprehensive control over tribal prop.

Question 5

3 Trust cases

Answer 5

1. liability based on history (aspirational).
2. statue that creates limited trust.
3. applicable statute and management by feds (full duty!)