ABSTRACT
The scholars take the position that, when it comes to management of the reservations' environment and control of tribal natural resources, the trust doctrine is anachronistic and a serious impediment to both tribal self-government and economic development. This chapter addresses the three major problems identified above and explains what a decolonized trust doctrine should look like. The authors' argument is that, to be truly decolonized, the trust doctrine should never justify congressional legislation that interferes with tribes' right to self-government and self-determination, at least, not without the full consent and support of the affected Indian tribes. Today, the treaty and war powers are no longer used in the field of Indian affairs but, as this chapter has explained, the congressional power is still described as plenary as a by-product of the trust doctrine and the commerce power.
