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Congress should provide that both treaty and non- treaty rights protected by the trust responsibility shall not be abrogated or in any way infringed upon unless there exists both consent or affected tribes and express language of a statute enacted by Congress. That aspect of the trust responsibility extending to the protection and enhancement of tribal resources and particularly natural resources as a paramount responsibility of the United States involves a duty of care and exclusive loyalty consistent with the highest standards of common law trust. The United States holds bare legal title to these resources solely as trustee for Indians, and full equitable title is in the Indians. In the event of conflict between an Indian trust right or reasonable claim and a conflicting Federal policy, claim or program, all Federal agencies shall subordinate those conflicting Federal policies, claims or programs to the protection of Indian trust rights or reasonable claims unless those rights have been abrogated as provided above. In any case where the Department of Justice declines to represent Indians or Indian tribes on the ground that there is no reasonable legal support for the Indian claim, its decision to decline representation shall be subject to judicial review.