Beyond a Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy

Mills, Monte (2017) "Beyond a Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy," American Indian Law Journal: Vol. 6 : Iss. 1, Article 2.

64 Pages Posted: 28 Dec 2017

See all articles by Monte Mills

Monte Mills

University of Washington School of Law

Date Written: December 15, 2017

Abstract

The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes and regulations devoted to the management of the development of tribal energy resources. This article provides a detailed review of Federal Indian energy policy and proposes a new path for reform that would allow for broader tribal authority and, potentially, a new conception of the federal trust responsibility.

Keywords: Federal Indian Law, Trust Responsibility, Energy Development, Leasing, Tribal Sovereignty

Suggested Citation

Mills, Monte, Beyond a Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy (December 15, 2017). Mills, Monte (2017) "Beyond a Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy," American Indian Law Journal: Vol. 6 : Iss. 1, Article 2. , Available at SSRN: https://ssrn.com/abstract=3092318

Monte Mills (Contact Author)

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
206.6163482 (Phone)

HOME PAGE: http://law.uw.edu

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