BIA – Is it a Fiduciary Trust Record?
Is it a Federal Record? 1
YES
Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Is or was the record used in the management 3 of ITA?
YES* I S A YES*
Is it a Title or Ownership record of an ITA?
NO
NO
NO
NO YES*
Does the record reflect the collection and/or disbursement of income from ITA?
NO
Does the record reflect a communication with a beneficiary (Individual or Tribe) ?
YES*
F I D U C I A R Y
T R U S T R E C O R D
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA. * When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record.
4/29/03
OST – Is it a Fiduciary Trust Record?
Is it a Federal Record? 1
YES
Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Is or was the record used in the management3 of ITA?
YES* I S A YES* T R U S T R E C O R D
NO
Is it a Title or Ownership record?
NO
NO
NO YES*
Does the record reflect the collection and/or disbursement of income from ITA?
NO
Does the record reflect a communication with a beneficiary (Individual or Tribe) ?
F I D U C I A R Y
YES*
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA. * When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record.
4/29/03
BLM – Is it a Fiduciary Trust Record?
YES
Is it a Federal Record? 1 Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Did the BLM use the record in the management3 of ITA?
YES* I S A F I NO D U C I A YES* R Y
NO
Is it a Title or Ownership record?
YES*
T R U S T R E C O R D
NO
NO NO
Was the record created by BLM for the BIA/OST/Tribe to use in the management of ITA?
YES*
Was the record provided to BIA/OST/Tribe for use in the management of ITA?
YES* NO NO YES*
Does the record reflect a communication with a beneficiary (Individual or Tribe) ? Was the record used by BLM to manage ITA?
NO
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA.
4/29/03
*
When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record.
OSM – Is it a Fiduciary Trust Record?
Is it a Federal Record? 1
YES
Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Did OSM use the record to affect the management3 of ITA?
YES* I S A F I D U C I A R Y
NO
T R U S T R E C O R D
NO
NO
Was the record created by OSM for the BIA/OST/Tribe to use in the management of ITA?
YES*
Was the record provided to BIA/OST/ Tribe for use in the management of ITA?
NO
NO NO
Does the record reflect a communication with a beneficiary (Individual or Tribe) ?
YES* YES*
Was the record used by OSM to manage ITA?
NO
YES*
NO
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA. * When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record.
4/29/03
MMS – Is it a Fiduciary Trust Record?
YES
Is it a Federal Record? 1 Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Did the MMS use the record in the management3 of ITA?
YES* I S A F I NO D U C I A YES* R Y
NO YES*
Is it a Title or Ownership record?
T R U S T R E C O R D
NO
NO NO
Was the record created by MMS for the BIA/OST/Tribe to use in the management of ITA?
YES*
Was the record provided to BIA/OST/ Tribe for use in the management of ITA?
YES* NO YES*
Was the record used by MMS to manage ITA?
NO
Does the record reflect a communication with a beneficiary (Individual or Tribe) ?
NO
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA. * When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record. 4/29/03
Other DOI Bureaus/Services – Is it a Fiduciary Trust Record?
YES
Is it a Federal Record? 1 Does the record reflect the existence of Indian Trust Assets? 2 (ITA)
YES
Did the creating Bureau or Service use the record in the management3 of ITA?
YES* I S A F I D U C I A R Y
NO YES*
Is it a Title or Ownership record?
T R U S T R E C O R D
NO
NO NO
Was the record created for BIA/OST/Tribe use in the management of ITA?
YES*
Was the record provided to BIA/OST/ Tribe for the use or management of ITA?
NO
YES* NO YES*
Was the record used by the creating Bureau of Service to manage ITA?
NO
Does the record reflect a communication with a beneficiary (Individual or Tribe) ?
YES*
NO
IS NOT A FIDUCIARY TRUST RECORD
Notes: (1) Federal Record is defined in 44. U.S.C. 3301 and includes all documentary materials, regardless of physical form or characteristics, made or received under Federal law or in transaction of public business and preserved or are appropriate for preservation as evidence by the organization, functions, policies, decisions, procedures, operations or other activities or because of the informational value of the data in them. (2) “Indian Trust Assets” (ITA) refer to lands, natural resources, monies or other assets held in trust at a particular time by the Federal Government, for a Tribe, Alaskan natives, or that are or were at a particular time restricted against alienation, for individual Indians. (3) Solely for the purpose of defining fiduciary trust record, and determining the associated records-preservation obligations, “management” means actions that control, govern, administer, supervise, or regulate the use or disposition of ITA. * When in doubt whether a record is a trust record, err on the side of caution and treat the record as a trust record.
4/29/03