OPINION OF THE COURT
UNITED STATES V. NAVAJO NATION
556 U. S. ____ (2009)
SUPREME COURT OF THE UNITED STATES
NO. 07-1410
UNITED STATES, PETITIONER
v. NAVAJO
NATION
on writ of certiorari to the united states court of
appeals for the federal circuit
[April 6, 2009]
Justice Scalia delivered the
opinion of the Court.
For over 15 years, the Indian
Tribe known as the Navajo Nation has been pursuing a claim for
money damages against the Federal Government based on an asserted
breach of trust by the Secretary of the Interior in connection with
his approval of amendments to a coal lease executed by the Tribe.
The original lease took effect in 1964. The amendments were
approved in 1987. The litigation was initiated in 1993. Six years
ago, we held that “the Tribe’s claim for compensation . . . fails,”
United States v.
Navajo Nation,
537 U. S. 488, 493
(2003)
(Navajo I), but after further proceedings on remand
the United States Court of Appeals for the Federal Circuit
resuscitated it. 501 F. 3d 1327 (2007). Today we hold, once
again, that the Tribe’s claim for compensation fails. This matter
should now be regarded as closed.
I. Legal Background
The Federal Government cannot be
sued without its consent.
FDIC v.
Meyer,
510 U. S. 471, 475
(1994). Limited consent has been granted through a variety of
statutes, including one colloquially referred to as the Indian
Tucker Act:
“The United States Court of
Federal Claims shall have jurisdiction of any claim against the
United States accruing after August 13, 1946, in favor of any tribe
. . . whenever such claim is one arising under the Constitution,
laws or treaties of the United States, or Executive orders of the
President, or is one which otherwise would be cognizable in the
Court of Federal Claims if the claimant were not an Indian tribe,
band or group.” 28 U. S. C. §1505.
The last clause refers to the (ordinary) Tucker
Act, which waives immunity with respect to any claim “founded
either upon the Constitution, or any Act of Congress or any
regulation of an executive department, or upon any express or
implied contract with the United States, or for liquidated or
unliquidated damages in cases not sounding in tort.”
§1491(a)(1).
Neither the Tucker Act nor the Indian Tucker
Act creates substantive rights; they are simply jurisdictional
provisions that operate to waive sovereign immunity for claims
premised on other sources of law (
e.g., statutes or
contracts).
United States v.
Testan,
424 U. S. 392, 400
(1976);
United States v.
Mitchell,
445 U. S. 535, 538
(1980)
(Mitchell I). The other source of law need not
explicitly provide that the right or duty it creates is
enforceable through a suit for damages, but it triggers liability
only if it “ ‘can fairly be interpreted as mandating
compensation by the Federal Government.’ ”
Testan,
supra, at 400 (quoting
Eastport S. S. Corp.
v.
United States, 178 Ct. Cl. 599, 607, 372 F. 2d
1002, 1009 (1967)); see also
United States v.
Mitchell,
463 U. S. 206, 218
(1983)
(Mitchell II); Navajo I, 537 U. S., at
503.
As we explained in
Navajo I, there
are thus two hurdles that must be cleared before a tribe can invoke
jurisdiction under the Indian Tucker Act. First, the tribe “must
identify a substantive source of law that establishes specific
fiduciary or other duties, and allege that the Government has
failed faithfully to perform those duties.”
Id., at 506.
“If that threshold is passed, the court must then determine whether
the relevant source of substantive law ‘can fairly be interpreted
as mandating compensation for damages sustained as a result of a
breach of the duties [the governing law] impose[s].’ ”
Ibid. (alteration in original). At the second stage,
principles of trust law might be relevant “in drawing the inference
that Congress intended damages to remedy a breach.”
United
States v.
White Mountain Apache Tribe,
537 U. S. 465, 477
(2003).
II. History of the Present Case
A. The Facts
A comprehensive recitation of the
facts can be found in
Navajo I,
supra, at
495–502. By way of executive summary: The Tribe occupies a large
Indian reservation in the American Southwest, on which there are
significant coal deposits. In 1964 the Secretary of the Interior
approved a lease (Lease 8580), executed by the Tribe and the
predecessor of Peabody Coal Company, allowing the company to engage
in coal mining on a tract of the reservation in exchange for
royalty payments to the Tribe. The term of the lease was set at
“ten (10) years from the date hereof, and for so long thereafter as
the substances produced are being mined by the Lessee in accordance
with its terms, in paying quantities,” App. 189; it is still in
effect today. The royalty rates were originally set at a maximum of
37.5 cents per ton of coal, but the lease also said that the rates
were “subject to reasonable adjustment by the Secretary of the
Interior” after 20 years and again “at the end of each successive
ten-year period thereafter.”
Id., at 194.
The dispute in this case concerns
the Tribe’s attempt to secure such an adjustment to the royalty
rate after the initial 20-year period elapsed in 1984. At that
point, the Tribe requested that the Secretary exercise his power to
increase the royalty rate, and the Director of the Bureau of Indian
Affairs for the Navajo Area issued an opinion letter imposing a new
rate of 20 percent of gross proceeds.
Id., at 8–9. But
Peabody filed an administrative appeal, and while it was pending
the Tribe and the company reached a negotiated agreement to set a
rate of 12.5 percent of gross proceeds instead. As a result, the
Area Director’s decision was vacated, the administrative appeal was
dismissed, and the Secretary approved the amendments to the
lease.
B. This Litigation through
Navajo I
The Tribe launched the
present lawsuit in 1993, claiming that the Secretary’s actions in
connection with the approval of the lease amendments constituted a
breach of trust. In particular, the Tribe alleged that the
Secretary, following upon improper ex parte contacts with
Peabody, had delayed action on Peabody’s administrative appeal in
order to pressure the economically desperate Tribe to return to the
bargaining table. This, the complaint charged, was in violation of
the United States’ fiduciary duty to act in the Indians’ best
interests. The Tribe sought $600 million in damages, invoking the
Indian Tucker Act to bypass sovereign immunity.
The Court of Federal Claims
granted summary judgment to the United States, concluding that “the
Navajo Nation has failed to present statutory authority which can
be fairly interpreted as mandating compensation for the
government’s fiduciary wrongs,”
Navajo Nation v.
United States, 46 Fed. Cl. 217, 236 (2000), and therefore
could not sue under the Indian Tucker Act. The Federal Circuit
reversed that ruling and held that the Indian Mineral Leasing Act
of 1938 (IMLA), 52 Stat. 347, 25 U. S. C. §396a
et
seq., among other statutes, gave the Government broad control
over mineral leasing on Indian lands, thus creating a fiduciary
duty enforceable through suits for monetary damages.
Navajo
Nation v.
United States, 263 F. 3d 1325,
1330–1332 (2001). Finding that the Government had in fact violated
its obligations, the Court of Appeals reinstated the suit.
We granted certiorari,
United States
v.
Navajo Nation,
535 U. S. 1111 (2002),
and (as described by the author of the ensuing opinion, concurring
in a companion case) considered “the threshold question” presented
by the Tribe’s attempt to invoke the Indian Tucker Act: “[W]hether
the IMLA and its regulations impose any concrete substantive
obligations, fiduciary or otherwise, on the Government,”
White
Mountain,
supra, at 480 (Ginsburg, J., concurring).
The answer was an unequivocal no.
The relevant provision of the IMLA provided as
follows:
“[U]nallotted lands within any Indian reservation
or lands owned by any tribe . . . may, with the approval of the
Secretary of the Interior, be leased for mining purposes, by
authority of the tribal council or other authorized spokesmen for
such Indians, for terms not to exceed ten years and as long
thereafter as minerals are produced in paying quantities.” 25 U.
S. C. §396a.
Another provision of the IMLA authorized the
Secretary to promulgate regulations governing operations under such
leases, §396d, but during the relevant period the regulations
applicable to coal leases, beyond setting a minimum royalty rate of
10 cents per ton, 25 CFR §211.15(c) (1985), did not limit the
Secretary’s approval authority.
We construed the IMLA in light of its purpose:
to “enhance tribal self-determination by giving Tribes, not the
Government, the lead role in negotiating mining leases with third
parties.”
Navajo I, 537 U. S., at 508. Consistent with
that goal, the IMLA gave the Secretary not a “comprehensive
managerial role,”
id., at 507, but only the power to
approve coal leases already negotiated by Tribes. That authority
did not create, expressly or otherwise, a trust duty with respect
to coal leasing and so there existed no enforceable fiduciary
obligations that the Tribe could sue the Government for having
neglected.
Id., at 507–508.
We distinguished
Mitchell II, which
involved a series of statutes and regulations that gave the Federal
Government “full responsibility to manage Indian resources and land
for the benefit of the Indians.” 463 U. S., at 224. Title 25 U.
S. C. §406(a) permitted Indians to sell timber with the
consent of the Secretary of the Interior, but directed the
Secretary to base his decisions on “a consideration of the needs
and best interests of the Indian owner and his heirs” and
enumerated specific factors to guide that decisionmaking. We
understood that statute—in combination with several other
provisions and the applicable regulations—to create a fiduciary
duty with respect to Indian timber.
Mitchell II,
supra, at 219–224. But neither the IMLA nor its
regulations established any analogous duties or obligations in the
coal context.
Navajo I,
supra, at 507–508.
Nor did the other statutes cited by the
Tribe—25 U. S. C. §399 and the Indian Mineral Development Act
of 1982 (IMDA), 96 Stat. 1938, 25 U. S. C. §2101
et
seq.—help its case. Section 399 “is not part of the IMLA and
[did] not govern Lease 8580,”
Navajo I, 537 U. S., at 509;
rather, it granted to the Secretary the power to lease Indian land
on his own say-so. We therefore found it irrelevant to the question
whether “the Secretary’s more limited
approval role under
the IMLA” created any enforceable duties.
Ibid. And while
the IMDA did set standards to govern the Secretary’s approval of
other mining-related agreements, Lease 8580 “falls outside the
IMDA’s domain,”
ibid.; that law was accordingly beside the
point.
Having resolved that “we ha[d] no warrant from
any relevant statute or regulation to conclude that [the
Secretary’s] conduct implicated a duty enforceable in an action for
damages under the Indian Tucker Act,” this Court reversed the
Federal Circuit’s judgment in favor of the Tribe and “remanded for
further proceedings consistent with this opinion.”
Id., at
514.
C. Proceedings on Remand
On remand, the Tribe argued that
even if its suit could not be maintained on the basis of the IMLA,
the IMDA, or §399, a “network” of other statutes, treaties, and
regulations could provide the basis for its claims. The Government
objected that our opinion foreclosed that possibility, but the
Federal Circuit disagreed and remanded for consideration of the
argument in the first instance. 347 F. 3d 1327 (2003). The
Court of Federal Claims, however, persisted in its original
decision to dismiss the Tribe’s claim, explaining that nothing in
the suggested “network” succeeded in tying “specific laws or
regulatory provisions to the issue at hand,” namely, the
Secretary’s approval of royalty rates in coal leases negotiated by
tribes. 68 Fed. Cl. 805, 811 (2005).
Once again the Federal Circuit
reversed, this time relying primarily on three statutory
provisions—two sections of the Navajo-Hopi Rehabilitation Act of
1950, 64 Stat. 46, 25 U. S. C. §§635(a), 638; and one section
of the Surface Mining Control and Reclamation Act of 1977, 30 U.
S. C. §1300(e)—to allow the Tribe’s claim to proceed. The
Court held that the Government had violated the specific duties
created by those statutes, as well as “common law trust duties of
care, candor, and loyalty” that arise from the comprehensive
control over tribal coal that is exercised by the Government. 501
F. 3d 1327, 1346 (2007).
Once again we granted the Government’s
petition for a writ of certiorari. 554 U. S. ___ (2008).
III. Analysis
A. Threshold Matter
The Government points to our
categorical concluding language in
Navajo I: “[W]e have no
warrant from any relevant statute or regulation to conclude that
[the Secretary’s] conduct implicated a duty enforceable in an
action for damages under the Indian Tucker Act,” 537 U. S., at 514.
This proves, the Government claims, that this Court definitively
terminated the Tribe’s claim last time around, so that the lower
court’s later resurrection of the suit was flatly inconsistent with
our mandate. But, to be fair, our opinion (like the Court of
Appeals decision we were reviewing,
Navajo Nation, 263
F. 3d, at 1327, 1330–1331) did not analyze any statutes beyond
the IMLA, the IMDA, and §399. It is thus conceivable, albeit
unlikely, that some other relevant statute, though invoked by the
Tribe at the outset of the litigation, might have gone unmentioned
by the Federal Circuit and unanalyzed by this Court.
So we cannot say that our mandate
completely foreclosed the possibility that such a statute might
allow for the Tribe to succeed on remand. What we can say, however,
is that our reasoning in
Navajo I—in particular, our
emphasis on the need for courts to “train on specific
rights-creating or duty-imposing statutory or regulatory
prescriptions,” 537 U. S., at 506—left no room for that result
based on the sources of law that the Court of Appeals relied
upon.
B. 25 U. S. C. §635(a)
The first of the two discussed
provisions of the Navajo-Hopi Rehabilitation Act of 1950—like the
IMLA—permits Indians to lease reservation lands if the Secretary
approves of the deal:
“Any restricted Indian lands
owned by the Navajo Tribe, members thereof, or associations of such
members . . . may be leased by the Indian owners, with the approval
of the Secretary of the Interior, for public, religious,
educational, recreational, or business purposes, including the
development or utilization of natural resources in connection with
operations under such leases. All leases so granted shall be for a
term of not to exceed twenty-five years, but may include provisions
authorizing their renewal for an additional term of not to exceed
twenty-five years, and shall be made under such regulations as may
be prescribed by the Secretary. . . . Nothing contained in this
section shall be construed to repeal or affect any authority to
lease restricted Indian lands conferred by or pursuant to any other
provision of law.” 25 U. S. C. §635(a).
The Tribe contends that this section renders the
Government liable for any breach of trust in connection with the
approval of leases executed pursuant to the authority it grants.
Whether or not that is so, the provision only even
arguably matters if Lease 8580 was issued under its
authority.
In
Navajo I we presumed, as did the
parties, that the lease had been issued pursuant to the IMLA. 537
U. S., at 495. But now the Tribe has changed its tune, and contends
that Lease 8580 was approved under §635(a), not under the IMLA at
all. Brief for Respondent 39. The Government says otherwise.
Section 635(a) permits leasing only for “public, religious,
educational, recreational, or business purposes,” and the
Government contends that mining is not embraced by those terms.
While leases under §635(a) may provide for “the development or
utilization of natural resources,” they may do so only “in
connection with operations under such leases,”
i.e., in
connection with operations for the enumerated purposes. By
contrast,
mining leases were permitted and governed by the
IMLA even before the Navajo-Hopi Rehabilitation Act was enacted in
1950.
We need not decide whether the Government is
correct on that point, or whether mining could ever qualify as a
“business purpose” under the statute, because the Tribe’s argument
suffers from a more fundamental problem. Section 635(a) authorizes
leases only for terms of up to 25 years, renewable for up to
another 25 years. In contrast, the IMLA allows “for terms not to
exceed ten years and as long thereafter as minerals are produced in
paying quantities.” 25 U. S. C. §396a. Lease 8580, mirroring
the latter language, sets a term of “ten (10) years from the date
hereof, and for so long thereafter as the substances produced are
being mined by the Lessee in accordance with its terms, in paying
quantities.” App. 189. That indefinite lease term strongly suggests
that it was negotiated by the Tribe and approved by the Secretary
under the powers authorized by the IMLA, not the Rehabilitation
Act.
The Tribe’s only responses to this apparently
fatal defect in its argument are (1) that §635(a) expressly leaves
unaffected “any authority to lease restricted Indian lands
conferred by or pursuant to any other provision of law,” including
the authority to lease for indefinite terms; and (2) that Stewart
Udall, who served as Secretary of the Interior during the 1960’s,
recently testified that “coal leasing and related development was
the centerpiece of the resources development program” under the
Rehabilitation Act,
id., at 569.
As to the former: That is precisely the point.
Section 635(a) creates a
supplemental authority for
leasing Indian land; it does not displace authority granted
elsewhere. But in light of the different conditions attached to the
different grants, it is apparent that a
particular lease
must be executed and approved pursuant to a
particular
authorization. The saving clause in §635(a) does not allow the
Tribe to mix-and-match, to combine the (allegedly) duty-creating
mechanism of the Rehabilitation Act with the indefinite lease term
of the IMLA. It must be one or the other, and the record
persuasively demonstrates that Lease 8580 is an IMLA lease.
As to Secretary Udall’s testimony: That is not
inconsistent with our conclusion. The Interior Department may have
viewed coal leasing as an important part of the program to
rehabilitate the Navajo Tribe but that does not prove that Lease
8580 was issued pursuant to the supplemental leasing authority
granted by the Rehabilitation Act, rather than the pre-existing
leasing authority of the IMLA preserved by the Rehabilitation Act.
The latter, perhaps because of its longer lease terms, was
evidently preferable to the Tribe or the coal company or both.
Because the lease in this case “falls outside”
§635(a)’s “domain,”
Navajo I,
supra, at 509, the
Tribe cannot invoke it as a source of money-mandating rights or
duties.
C. 25 U. S. C. §638
Next, the Tribe points to a
second provision in the Navajo-Hopi Rehabilitation Act:
“The Tribal Councils of the
Navajo and Hopi Tribes and the Indian communities affected shall be
kept informed and afforded opportunity to consider from their
inception plans pertaining to the program authorized by this
subchapter. In the administration of the program, the Secretary of
the Interior shall consider the recommendations of the tribal
councils and shall follow such recommendations whenever he deems
them feasible and consistent with the objectives of this
subchapter.” 25 U. S. C. §638.
In the Tribe’s view, the Secretary violated this
provision by failing promptly to abide by its wishes to affirm the
Area Director’s order increasing the royalty rate under Lease 8580
to a full 20 percent of gross proceeds.
We cannot agree. The “program” twice mentioned
in §638 refers back to the Act’s opening provision, which directs
the Secretary to undertake “a program of basic improvements for the
conservation and development of the resources of the Navajo and
Hopi Indians, the more productive employment of their manpower, and
the supplying of means to be used in their rehabilitation.” §631.
The statute then enumerates various projects to be included in that
program, and authorizes appropriation of funds (in specific
amounts) for each.
E.g., “Soil and water conservation and
range improvement work, $10,000,000.” §631(1)
.
The only listed project even remotely related
to this case is “[s]urveys and studies of timber, coal, mineral,
and other physical and human resources.” §631(3)
. Of
course a lease is neither a survey nor a study. To read §638 as
imposing a money-mandating duty on the Secretary to follow
recommendations of the Tribe as to royalty rates under coal leases
executed pursuant to another Act, and to allow for the enforcement
of that duty through the Indian Tucker Act, would simply be too far
a stretch.
D. 30 U. S. C. §1201
et seq.
The final statute invoked by
the Tribe is the most easily dispensed with. The Surface Mining
Control and Reclamation Act of 1977 (SMCRA), 91 Stat. 445, 30 U.
S. C. §1201 et seq., is a comprehensive statute that
regulates all surface coal mining operations. See generally §1202;
Hodel v.
Virginia Surface Mining & Reclamation
Assn., Inc.,
452 U. S. 264, 268–272
(1981). One section of the Act, §1300, deals with coal mining
specifically on Indian lands, and the Tribe cites subsection (e):
“With respect to leases issued after [the date of enactment of this
Act], the Secretary shall include and enforce terms and conditions
in addition to those required by subsections (c) and (d) of this
section as may be requested by the Indian tribe in such
leases.”
According to the Tribe, this
provision requires the Secretary to enforce
whatever terms
the Indians request with respect to coal leases. In light of the
fact that the referenced subsections (c) and (d) refer exclusively
to environmental protection standards, that interpretation is
highly suspect. In any event, because Lease 8580 was issued in
1964—some 13 years before the date of enactment of the SMCRA—the
provision is categorically inapplicable. The Federal Circuit
concluded otherwise on the theory that the
amendments to
the lease were approved after 1977. But §1300(e) is limited to
leases “issued” after that date; and even the Tribe does not
contend that a lease is “issued” whenever it is amended. The SMCRA
is irrelevant here.
E. Government’s “Comprehensive Control” over
Coal
The Federal Circuit’s opinion
also suggested that the Government’s “comprehensive control” over
coal on Indian land gives rise to fiduciary duties based on
common-law trust principles. It noted that the Government had
conducted surveys and studies of the Tribe’s coal resources, 501
F. 3d, at 1341; that the Interior Department imposed various
requirements on coal mining operations on Indian land—regulating,
for example, “signs and markers, postmining use of land,
backfilling and grading, waste disposal, topsoil handling,
protection of hydrologic systems, revegetation, and steep-slope
mining,”
id., at 1342; and that the Government in practice
exercised control over the calculation of coal values and
quantities for royalty purposes, even though such control was
codified by regulation only after the events at issue here,
id., at 1342–1343.
The Federal Government’s
liability cannot be premised on control alone. The text of the
Indian Tucker Act makes clear that only claims arising under “the
Constitution, laws or treaties of the United States, or Executive
orders of the President” are cognizable (unless the claim could be
brought by a non-Indian plaintiff under the ordinary Tucker Act).
28 U. S. C. §1505. In
Navajo I we reiterated that the
analysis must begin with “specific rights-creating or duty-imposing
statutory or regulatory prescriptions.” 537 U. S., at 506.
If a plaintiff identifies such a prescription, and
if that prescription bears the hallmarks of a
“conventional fiduciary relationship,”
White Mountain, 537
U. S., at 473,
then trust principles (including any such
principles premised on “control”) could play a role in “inferring
that the trust obligation [is] enforceable by damages,”
id., at 477. But that must be the second step of the
analysis, not (as the Federal Circuit made it) the starting
point.
Navajo I determined that the IMLA,
which governs the lease at issue here, does not create even a
“ ‘limited trust relationship’ ” with respect to coal
leasing.
Navajo I,
supra, at 508 (quoting
Mitchell I, 445 U. S., at 542). Since the statutes
discussed in the preceding subparts,
supra, at 8–13, do
not apply to the lease at all, they likewise create no such
relationship. Because the Tribe cannot identify a specific,
applicable, trust-creating statute or regulation that the
Government violated, we do not reach the question whether the trust
duty was money mandating. Thus, neither the Government’s “control”
over coal nor common-law trust principles matter.
* * *
None of the sources of law cited
by the Federal Circuit and relied upon by the Tribe provides any
more sound a basis for its breach-of-trust lawsuit against the
Federal Government than those we analyzed in
Navajo I.
This case is at an end. The judgment of the Court of Appeals is
reversed, and the case is remanded with instructions to affirm the
Court of Federal Claims’ dismissal of the Tribe’s complaint.
It is so ordered.
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