The government manages most Indian tribal money, much of which is kept in the Treasury at very low annual rates of return or at no interest at all. The Court of Claims and the Indian Claims Commission, traditional forums for the adjudication of Indian grievances, have adopted a narrow statutory rather than common law standard for the government in its role of trustee of Indian funds. Manchester Band of Pomo Indians, Inc. v. United States, a recent federal court decision, has applied strict fiduciary standards to the government. The note argues that this approach is more equitable and that the district court is a better forum for claims involving breach of fiduciary duties in managing tribal trust funds.
Nell Jessup Newton,
Indian Tribal Trust Funds,
27 Hastings L.J. 519
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss2/7