BIA – Is it a Fiduciary Trust Record?
YES YES YES*
Is it a Federal Does the record reflect
Is or was the record used
Record? 1 the existence of Indian
in the management 3 of
Trust Assets? 2 (ITA)
ITA? I
S T
NO R
A U
YES* S
Is it a Title or Ownership
record of an ITA?
F T
I
NO NO NO D R
U E
YES*
Does the record reflect the C C
collection and/or disbursement
of income from ITA? I O
A R
NO R D
Y
Does the record reflect a
YES*
communication with a
beneficiary (Individual
or Tribe) ?
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?
YES YES YES*
Is it a Federal Does the record reflect Is or was the record used
the existence of Indian
Record? 1
Trust Assets? 2 (ITA)
in the management3 of
ITA?
I
S T
NO R
A U
YES* S
Is it a Title or Ownership
record? F T
I
NO NO NO D R
U E
YES* C C
Does the record reflect the
collection and/or disbursement I O
of income from ITA?
A R
NO R D
Y
Does the record reflect a YES*
communication with a
beneficiary (Individual
or Tribe) ?
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 YES YES*
Is it a Federal Does the record reflect Did the BLM use the
Record? 1 the existence of Indian record in the management3
Trust Assets? 2 (ITA) of ITA?
I
S T
NO R
A U
Is it a Title or Ownership
YES*
record?
S
F T
I
Was the record
NO NO NO D
NO YES*
provided to
BIA/OST/Tribe for use
R
in the management of
ITA?
U E
Was the record created by
BLM for the BIA/OST/Tribe C C
to use in the management of
ITA? I O
YES* A R
YES* R D
NO Was the record used by
BLM to manage ITA?
NO Y
YES*
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.
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?
YES YES YES*
Is it a Federal Does the record reflect Did OSM use the record to
Record? 1 the existence of Indian affect the management3 of
Trust Assets? 2 (ITA) ITA?
I
S T
NO R
A U
S
F T
Was the record created by YES* Was the record NO I
OSM for the BIA/OST/Tribe provided to BIA/OST/
NO NO Tribe for use in the
to use in the management of
ITA? management of ITA? D R
U E
YES* C C
NO
I O
YES*
NO Was the record used by
A R
OSM to manage ITA?
R D
NO
Does the record reflect a YES* Y
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.
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.
MMS – Is it a Fiduciary Trust Record?
YES YES YES*
Is it a Federal Does the record reflect Did the MMS use the
Record? 1 the existence of Indian record in the management3
Trust Assets? 2 (ITA) of ITA?
I
S T
NO R
A U
YES*
S
Is it a Title or Ownership
record? F T
I
NO NO
NO YES*
Was the record
provided to BIA/OST/ NO D R
Tribe for use in the
management of ITA?
U E
Was the record created by
C C
MMS for the BIA/OST/Tribe
to use in the management of
I O
ITA? YES* A R
YES* R D
NO Was the record used by
NO MMS to manage ITA? Y
Does the record reflect a YES*
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.
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.
Other DOI Bureaus/Services – Is it a Fiduciary Trust Record?
YES YES YES*
Is it a Federal Does the record reflect Did the creating Bureau or
Record? 1 the existence of Indian Service use the record in
Trust Assets? 2 (ITA) the management3 of ITA?
I
S T
NO R
A U
YES*
S
Is it a Title or Ownership
record? F T
I
NO NO
Was the record
D R
NO YES* provided to BIA/OST/
NO
Tribe for the use or U E
management of ITA?
C C
Was the record created for
BIA/OST/Tribe use in the I O
management of ITA?
YES* A R
YES* R D
Was the record used by
NO NO the creating Bureau of Y
Service to manage
ITA?
Does the record reflect a YES*
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.
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.