One of the issues that has received little attention in the Dakota Access Pipeline (DAPL) debate is whether the federal government exercised its trust responsibility to protect Native American peoples and lands.
According to the federal Bureau of Indian Affairs FAQ:
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…
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 …
This is not a responsibility limited to the BIA, it extends to the entire federal government. So where did this federal trust obligation get exercised in the DAPL debate?
Let’s explore this a little deeper. Continue reading