Sec. 102. Congressional reaffirmation of policy
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/bill/113/hr/409/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Pursuant to its constitutionally vested authority over Indian affairs, the Congress hereby reaffirms the following regarding the proper discharge of the United States fiduciary responsibilities to Indians— enforceable fiduciary duties necessarily arise when the United States assumes control or supervision over tribal trust assets even though nothing is said expressly in the governing statutes or regulations, unless Congress has expressly specified otherwise; in general, the most exacting common-law fiduciary standards which govern private trustees also govern the United States when it manages Indian trust assets, and enforceable Federal trust duties for Indian trust asset management are not limited to the express terms of statutes and regulations; the fact that the United States simultaneously performs another task for another interest that Congress has obligated it by statute to do does not compromise or limit the United States enforceable fiduciary obligations to Indians; and the United States fiduciary responsibilities to Indian tribes include and are not limited by a duty to promote tribal self-determination regarding governmental authority and economic development.