Abstract
In the current of federal Indian law and policy, known as the self- determination era, Congress and the Executive branch largely have embraced the trust relationship. In every significant Indian affairs statute of the last several decades, Congress has acknowledged the trust relationship. Unsurprisingly, many Indian tribes thrive under the self-determination policy, growing by leaps and bounds in their ability to govern. The old era of guardianship where the federal government made most major decisions for Indian tribes and Indian people is a relic of the past. Still, federal agencies too frequently move forward with controversial projects – notably the Line 5 and Back 40 Mine projects in the western Great Lakes – without bothering to engage in tribal consultation at all.
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