mitchell
argued
march
decided
june
respondents
individuals
owning
interests
allotted
lands
quinault
indian
reservation
unincorporated
association
allottees
quinault
tribe
filed
actions
claims
seeking
recover
damages
alleged
mismanagement
timberlands
reservation
asserting
mismanagement
constituted
breach
fiduciary
duty
owed
respondents
trustee
various
federal
statutes
regulations
ultimately
held
subject
suit
money
damages
respondents
claims
ruling
federal
timber
management
statutes
various
federal
statutes
governing
roadbuilding
indian
funds
government
fees
regulations
promulgated
statutes
imposed
fiduciary
duties
upon
management
forested
allotted
lands
held
accountable
money
damages
alleged
breaches
trust
connection
management
forest
resources
allotted
lands
quinault
reservation
pp
tucker
act
provides
consent
suit
claims
founded
upon
statutes
regulations
expressly
implicitly
create
substantive
rights
money
damages
pp
contrast
bare
trust
created
general
allotment
act
mitchell
statutes
regulations
upon
respondents
based
money
claims
clearly
give
federal
government
full
responsibility
manage
indian
resources
land
indians
benefit
thereby
establish
fiduciary
relationship
define
contours
fiduciary
responsibilities
moreover
fiduciary
relationship
necessarily
arises
government
assumes
elaborate
control
forests
property
belonging
indians
necessary
elements
trust
present
trustee
beneficiary
indian
allottees
trust
corpus
indian
timber
lands
funds
statutes
regulations
issue
clearly
establish
fiduciary
obligation
government
management
operation
indian
lands
resources
fairly
interpreted
mandating
compensation
government
damages
sustained
given
existence
trust
relationship
follows
government
liable
damages
breach
fiduciary
duties
damages
remedy
also
furthers
purposes
statutes
regulations
clearly
require
secretary
interior
manage
indian
resources
generate
proceeds
indians
prospective
equitable
remedies
declaratory
injunctive
mandamus
relief
context
case
totally
inadequate
pp
marshall
delivered
opinion
burger
brennan
white
blackmun
stevens
joined
powell
filed
dissenting
opinion
rehnquist
joined
post
joshua
schwartz
argued
cause
briefs
solicitor
general
lee
assistant
attorney
general
dinkins
deputy
solicitor
general
claiborne
thomas
pacheco
charles
hobbs
argued
cause
respondents
brief
jerry
straus
reid
peyton
chambers
harry
sachse
kenneth
guido
donald
simon
richard
hughes
george
forman
david
rapport
robert
nordhaus
george
fettinger
steven
bunch
filed
brief
shoshone
tribe
wind
river
indian
reservation
et
al
amici
curiae
urging
affirmance
justice
marshall
delivered
opinion
principal
question
case
whether
accountable
money
damages
alleged
breaches
trust
connection
management
forest
resources
allotted
lands
quinault
indian
reservation
undertook
policy
removing
indian
tribes
large
areas
pacific
northwest
order
facilitate
settlement
pursuant
policy
first
governor
superintendent
indian
affairs
washington
territory
began
negotiations
various
tribes
living
west
coast
territory
negotiations
culminated
treaty
quinault
quileute
tribes
stat
treaty
olympia
treaty
indians
ceded
vast
tract
land
olympic
peninsula
state
washington
agreed
set
aside
reservation
indians
reservation
acres
provisionally
chosen
tribes
tract
proved
undesirable
limited
size
heavy
forestation
quinault
agency
superintendent
subsequently
recommended
since
coastal
tribes
drew
subsistence
almost
entirely
water
collected
reservation
suitable
fishing
needs
acting
suggestion
president
grant
issued
executive
order
november
designating
acres
along
washington
coast
indian
reservation
vast
bulk
land
consisted
rain
forest
covered
huge
coniferous
trees
federal
government
began
allot
quinault
reservation
trust
individual
indians
general
allotment
act
stat
amended
et
seq
see
also
quinault
allotment
act
mar
ch
stat
government
initially
determined
forested
areas
reservation
allotted
suitable
agriculture
grazing
however
concluded
character
lands
set
apart
indians
restricted
general
allotment
act
payne
thereafter
forested
lands
reservation
allotted
entire
reservation
divided
trust
allotments
acres
heavily
timbered
land
third
reservation
since
gone
trust
bulk
land
remained
trust
status
forest
resources
allotted
lands
long
managed
department
interior
exercises
comprehensive
control
harvesting
indian
timber
white
mountain
apache
tribe
bracker
secretary
interior
broad
statutory
authority
sale
timber
reservations
see
sales
timber
shall
based
upon
consideration
needs
best
interests
indian
owner
heirs
proceeds
sales
used
benefit
indians
transferred
indian
owner
congress
directed
secretary
adhere
principles
forestry
indian
forest
lands
supervision
statutes
secretary
promulgated
detailed
regulations
governing
management
indian
timber
cfr
pt
secretary
authorized
deduct
administrative
fee
services
timber
revenues
paid
indian
allottees
respondents
individuals
owning
interests
allotments
quinault
reservation
unincorporated
association
quinault
reservation
allottees
quinault
tribe
holds
portions
allotted
lands
respondents
filed
four
actions
consolidated
claims
jurisdiction
based
respondents
sought
recover
damages
based
allegations
pervasive
waste
mismanagement
timberlands
quinault
reservation
specifically
respondents
claimed
government
failed
obtain
fair
market
value
timber
sold
failed
manage
timber
basis
failed
obtain
payment
merchantable
timber
failed
develop
proper
system
roads
easements
timber
operations
exacted
improper
charges
allottees
maintenance
roads
failed
pay
interest
certain
funds
timber
sales
held
government
paid
insufficient
interest
funds
exacted
excessive
administrative
fees
allottees
respondents
assert
alleged
misconduct
constitutes
breach
fiduciary
duty
owed
trustee
various
statutes
six
years
suits
filed
moved
dismiss
lack
jurisdiction
contending
claims
authority
claims
based
breach
trust
denied
motion
holding
general
allotment
act
created
fiduciary
duty
part
manage
timber
resources
properly
thereby
provided
necessary
authority
recovery
damages
mitchell
cl
en
banc
mitchell
reversed
ruling
claims
stating
general
allotment
act
created
limited
trust
relationship
allottee
impose
duty
upon
government
manage
timber
resources
concluded
ny
right
respondents
recover
money
damages
government
mismanagement
timber
resources
must
found
source
general
allotment
act
since
claims
considered
respondents
assertion
statutes
render
answerable
money
damages
alleged
mismanagement
case
remanded
case
consideration
alternative
grounds
liability
see
remand
claims
held
subject
suit
money
damages
respondents
claims
cl
en
banc
ruled
timber
management
statutes
various
federal
statutes
governing
roadbuilding
rights
way
statutes
governing
indian
funds
government
fees
regulations
promulgated
statutes
imposed
fiduciary
duties
upon
management
forested
allotted
lands
concluded
statutes
regulations
implicitly
required
compensation
damages
sustained
result
government
breach
duties
thus
held
respondents
proceed
claims
decision
claims
raises
issues
substantial
importance
concerning
liability
granted
government
petition
certiorari
affirm
ii
respondents
invoked
jurisdiction
claims
tucker
act
counterpart
claims
brought
indian
tribes
known
indian
tucker
act
tucker
act
pertinent
part
claims
shall
jurisdiction
render
judgment
upon
claim
founded
either
upon
constitution
act
congress
regulation
executive
department
upon
express
implied
contract
liquidated
unliquidated
damages
cases
sounding
tort
general
statute
gave
consent
suit
claims
money
damages
recourse
available
private
claimants
petition
congress
relief
order
relieve
pressure
caused
volume
private
bills
avoid
delays
inequities
private
bill
procedure
congress
created
claims
act
stat
act
empowered
hear
claims
report
findings
congress
submit
draft
private
bill
case
received
favorable
decision
stat
limited
powers
initially
conferred
upon
failed
relieve
congress
laborious
necessity
examining
merits
private
bills
glidden
zdanok
opinion
harlan
thus
state
union
message
president
lincoln
recommended
authorized
render
final
judgments
declared
much
duty
government
render
prompt
justice
favor
citizens
administer
private
individuals
cong
globe
app
congress
adopted
president
lincoln
recommendation
made
judgments
final
act
mar
stat
representative
john
randolph
tucker
introduced
bill
revise
several
respects
jurisdiction
procedures
claims
replace
provisions
acts
sess
house
judiciary
committee
reported
bill
comprehensive
measure
claims
may
heard
determined
measure
designed
give
people
every
civilized
nation
world
already
done
right
go
courts
seek
redress
government
grievances
cong
rec
remarks
bayne
see
remarks
tucker
colloquy
tucker
townshend
remarks
holman
eventual
enactment
thus
provide
bringing
suits
government
act
mar
stat
indian
tucker
act
similar
history
early
amendment
original
enactment
creating
claims
excluded
claims
indian
tribes
act
mar
stat
result
congress
eventually
confronted
vast
growing
burden
resulting
large
number
tribes
seeking
special
jurisdictional
acts
congress
responded
conferring
jurisdiction
claims
hear
tribal
claim
character
cognizable
claims
claimant
indian
tribe
house
sponsor
act
stated
important
goal
act
ensure
never
necessary
pass
special
indian
jurisdictional
acts
order
permit
indians
secure
adjudication
misappropriations
indian
funds
indian
property
federal
officials
might
occur
future
cong
rec
statement
jackson
indians
given
fair
day
call
various
government
agencies
account
obligations
federal
government
assumed
house
report
stressed
point
fail
meet
obligations
denying
access
courts
trust
funds
improperly
dissipated
fiduciary
duties
violated
compromise
national
honor
supra
decades
consistently
interpreted
tucker
act
provided
consent
sued
eo
nomine
classes
claims
described
act
see
schillinger
belknap
schild
dooley
reid
sherwood
dalehite
soriano
least
two
recent
decisions
explicitly
stated
tucker
act
effects
waiver
sovereign
immunity
army
air
force
exchange
service
sheehan
hatzlachh
supply
per
curiam
decisions
confirm
unambiguous
thrust
history
act
existence
waiver
readily
apparent
claims
founded
upon
express
implied
contract
claims
jurisdiction
contract
claims
government
long
recognized
government
liability
contract
viewed
perhaps
widest
unequivocal
waiver
federal
immunity
suit
developments
law
remedies
officials
harv
rev
see
also
wright
miller
cooper
federal
practice
procedure
source
consent
suits
unmistakably
lies
tucker
act
otherwise
doubtful
consent
exist
contracting
officer
official
empowered
consent
suit
true
claims
founded
upon
executive
regulations
indeed
act
makes
absolutely
distinction
claims
founded
upon
contracts
claims
founded
upon
specified
sources
law
testan
mitchell
employed
language
suggesting
tucker
act
effect
waiver
sovereign
immunity
language
necessary
decision
either
case
see
infra
without
way
questioning
result
either
case
conclude
isolated
language
disregarded
claim
falls
within
terms
tucker
act
presumptively
consented
suit
nonetheless
remains
true
tucker
act
create
substantive
right
enforceable
money
damages
mitchell
supra
quoting
testan
supra
substantive
right
must
found
source
law
constitution
act
congress
regulation
executive
department
every
claim
invoking
constitution
federal
statute
regulation
cognizable
tucker
act
claim
must
one
money
damages
see
king
claimant
must
demonstrate
source
substantive
law
relies
upon
fairly
interpreted
mandating
compensation
federal
government
damage
sustained
testan
supra
quoting
eastport
cl
example
testan
supra
two
government
attorneys
contended
entitled
higher
salary
grade
classification
act
award
backpay
back
pay
act
period
classified
lower
grade
concluded
neither
classification
act
back
pay
act
fairly
interpreted
requiring
compensation
wrongful
classifications
see
particularly
light
established
rule
one
entitled
benefit
position
duly
appointed
classification
act
support
claim
money
damages
back
pay
act
provide
basis
money
damages
remedy
carefully
limited
circumstances
wrongful
reductions
grade
apply
wrongful
classifications
similarly
mitchell
supra
concluded
general
allotment
act
confer
right
recover
money
damages
act
provided
hold
land
trust
indian
allottees
held
act
creates
limited
trust
relationship
trust
language
act
impose
fiduciary
management
duties
render
answerable
breach
thereof
prevents
improvident
alienation
allotted
lands
assures
immunity
state
taxation
thus
claims
founded
either
upon
constitution
act
congress
regulation
executive
department
must
inquire
whether
source
substantive
law
fairly
interpreted
mandating
compensation
federal
government
damages
sustained
undertaking
inquiry
need
find
separate
waiver
sovereign
immunity
substantive
provision
need
find
consent
suit
express
implied
contract
ibid
tucker
act
provides
necessary
consent
course
determining
general
scope
tucker
act
lightly
inferred
consent
suit
see
king
supra
claims
lacks
general
authority
issue
declaratory
judgment
soriano
nontolling
limitations
beyond
statutory
provisions
example
although
tucker
act
refers
claims
founded
upon
implied
contract
held
act
reach
claims
based
contracts
implied
law
opposed
implied
fact
merritt
case
however
simply
question
tucker
act
provides
consent
suit
claims
founded
upon
statutes
regulations
create
substantive
rights
money
damages
claim
falls
within
category
existence
waiver
sovereign
immunity
clear
question
case
thus
analytically
distinct
whether
statutes
regulations
issue
interpreted
requiring
compensation
tucker
act
supplies
waiver
immunity
claims
nature
separate
statutes
regulations
need
provide
second
waiver
sovereign
immunity
need
construed
manner
appropriate
waivers
sovereign
immunity
see
emery
bird
thayer
realty
exemption
sovereign
suit
involves
hardship
enough
consent
withheld
add
rigor
refinement
construction
consent
announced
aetna
casualty
surety
quoting
anderson
john
hayes
construction
cardozo
iii
respondents
based
money
claims
various
acts
congress
executive
department
regulations
begin
describing
sources
substantive
law
examine
whether
fairly
interpreted
mandating
compensation
damages
sustained
result
breach
duties
impose
secretary
interior
pervasive
role
sales
timber
indian
lands
began
act
june
stat
amended
prior
time
indians
right
sell
timber
reservation
land
existed
general
law
authority
sale
timber
indian
lands
whether
allotted
unallotted
granted
quoting
letter
secretary
interior
congress
recognized
situation
undesirable
many
instances
timber
valuable
part
allotment
source
funds
obtained
support
indian
improvement
allotment
ibid
act
empowered
secretary
sell
timber
unallotted
lands
apply
proceeds
sales
benefit
indians
authorized
secretary
consent
sales
allottees
proceeds
paid
allottees
disposed
benefit
congress
thus
sought
provide
harvesting
timber
manner
conserve
interests
people
reservations
namely
indians
cong
rec
remarks
saunders
outset
interior
department
recognized
obligation
supervise
cutting
indian
timber
department
office
indian
affairs
promulgated
detailed
regulations
covering
responsibilities
managing
indian
forests
obtain
greatest
revenue
indians
consistent
proper
protection
improvement
forests
office
indian
affairs
regulations
instructions
officers
charge
forests
indian
reservations
regulations
addressed
virtually
every
aspect
forest
management
including
size
sales
contract
procedures
advertisements
methods
billing
deposits
bonding
requirements
administrative
fee
deductions
procedures
sales
minors
allowable
heights
stumps
tree
marking
scaling
rules
base
top
diameters
trees
cutting
percentage
trees
left
seed
source
regulations
applied
allotted
well
tribal
lands
secretary
approval
timber
sales
allotted
lands
explicitly
conditioned
upon
compliance
regulations
time
deficiencies
interior
department
performance
responsibilities
became
apparent
accordingly
part
indian
reorganization
act
stat
congress
imposed
even
stricter
duties
upon
government
respect
indian
timber
management
act
codified
congress
expressly
directed
interior
department
manage
indian
forest
resources
principle
management
representative
howard
cosponsor
act
chairman
house
committee
indian
affairs
explained
purpose
provision
assure
proper
permanent
management
indian
forest
modern
methods
assure
indian
forests
permanently
productive
yield
continuous
revenues
tribes
cong
rec
see
anderson
cert
denied
referring
relationship
indians
government
sacred
trust
representative
howard
stated
failure
governmental
guardian
conserve
indians
land
assets
consequent
loss
income
earning
power
principal
cause
present
plight
average
indian
cong
regulations
promulgated
act
required
preservation
indian
forest
lands
perpetually
productive
state
forbade
large
contiguous
areas
called
development
working
plans
major
reservations
required
adequate
provision
new
growth
mature
timber
removed
required
regulation
minimization
erosion
regulatory
scheme
designed
assure
indians
receive
benefit
whatever
profit
forest
capable
yielding
white
mountain
apache
tribe
bracker
quoting
cfr
congress
amended
timber
provisions
act
emphasizing
secretary
interior
management
duties
act
apr
stat
sales
timber
allotted
lands
secretary
directed
consider
needs
best
interests
indian
owner
heirs
performing
duty
secretary
specifically
required
take
account
state
growth
timber
need
maintaining
productive
capacity
land
benefit
owner
heirs
highest
best
use
land
including
advisability
practicality
devoting
uses
benefit
owner
heirs
present
future
financial
needs
owner
heirs
ibid
timber
management
statutes
regulations
promulgated
thereunder
cfr
pt
establish
comprehensive
responsibilities
federal
government
managing
harvesting
indian
timber
white
mountain
apache
tribe
bracker
department
interior
bureau
indian
affairs
exercises
literally
daily
supervision
harvesting
management
tribal
timber
virtually
every
stage
process
federal
control
department
exercises
comparable
control
grants
indian
lands
held
trust
secretary
empowered
grant
purposes
across
trust
land
provided
obtains
consent
tribal
individual
indian
landowner
indian
owners
paid
appropriate
compensation
regulations
detail
scope
federal
supervision
cfr
pt
example
applicant
must
deposit
secretary
amount
less
fair
market
value
rights
granted
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remedy
created
substantive
right
enforceable
injunctive
relief
see
testan
supra
see
jackson
transit
authority
transit
union
middlesex
county
sewerage
authority
supra
texas
industries
supra
california
sierra
club
northwest
airlines
transport
workers
universities
research
assn
coutu
transamerica
mortgage
advisors
lewis
background
sovereign
immunity
rationale
cases
apply
particular
force
number
widely
varying
relationships
less
closely
resemble
trusts
trusts
although
term
trust
sometimes
used
loosely
cover
relationships
important
differentiate
trusts
relationships
since
many
rules
applicable
trusts
applicable
restatement
second
trusts
introductory
note
example
often
described
fiduciary
relationship
indians
one
guardian
ward
see
klamath
indians
kagama
guardianship
trust
restatement
second
trusts
explanation
however
chooses
one
analogy
another
choice
appears
influenced
fact
duties
trustee
intensive
duties
fiduciaries
comment
asserts
necessary
elements
trust
present
trustee
beneficiary
trust
corpus
ante
two
persons
parcel
real
property
without
create
trust
rather
trust
arises
result
manifestation
intention
create
restatement
second
trusts
see
trust
created
settlor
properly
manifests
intention
create
trust
trust
created
unless
settlor
manifests
intention
impose
enforceable
duties
element
missing
case
find
congress
manifested
intent
make
statutory
duties
upon
respondents
rely
trust
duties
cf
scott
law
trusts
ed
common
law
held
use
enforced
crown
indeed
given
language
statute
issue
mitchell
case
finding
congress
intended
impose
fiduciary
obligations
much
stronger
see
white
dissenting
one
authorities
cited
justice
white
scott
supra
specifically
discusses
general
allotment
act
example
acting
trustee
furthermore
trustee
reserv
powers
respect
administration
trust
restatement
second
trusts
unless
agrees
held
liable
damages
even
existence
trust
necessarily
establish
government
surrendered
immunity
damages
invoked
fiduciary
relation
primarily
preclude
unauthorized
state
interference
relations
indian
tribes
unauthorized
exercise
state
jurisdiction
indian
lands
see
kagama
supra
ii
bar
nullify
exercises
state
jurisdiction
matters
affecting
indian
property
rights
properly
joined
represented
see
minnesota
candelaria
iii
interpret
doubtful
ambiguous
treaty
language
favor
indians
see
shoshone
tribe
minnesota
hitchcock
iv
determine
liability
damages
compensation
clause
acting
fiduciary
manager
converted
form
indian
property
see
sioux
nation
indians
emphasize
high
standard
care
obliged
exercise
carrying
duties
respecting
indians
see
mason
seminole
nation
never
today
invoked
doctrine
hold
answerable
money
damages
breaches
standards
applicable
private
fiduciary
reaches
support
seminole
nation
supra
creek
nation
cases
cut
theory
case
discussion
government
fiduciary
duty
seminole
nation
referred
claim
compel
payments
expressly
prescribed
treaty
see
creek
nation
involved
taking
claim
also
significant
standardless
remand
proceedings
consistent
opinion
statute
upon
liability
premised
creates
right
payment
sum
certain
claims
claims
required
without
legislative
guidance
determine
extent
liability
items
damages
cognizable
task
unlike
factual
legal
determination
whether
particular
individual
falls
within
class
granted
right
payment
money
statute
one
courts
adapted
rules
established
judicial
cloth
legislative
cloth
weinberger
catholic
action
education
project
assume
however
law
trusts
generally
control
defenses
actions
breaches
trust
consent
beneficiary
laches
fully
available
cf
ct