mitchell
argued
december
decided
april
section
indian
general
allotment
act
authorizes
president
allot
indian
residing
reservation
specified
acreage
agricultural
grazing
land
within
reservation
provides
allotments
shall
selected
indians
include
improvements
made
provides
shall
retain
title
allotted
lands
trust
benefit
allottees
pursuant
act
government
allotted
quinault
reservation
land
trust
individual
indians
respondents
individual
allottees
land
reservation
quinault
tribe
holds
allotments
association
allottees
brought
actions
consolidated
claims
recover
damages
government
alleged
mismanagement
timber
resources
found
reservation
denying
government
motion
dismiss
actions
alleged
ground
waived
sovereign
immunity
respect
asserted
claims
claims
held
general
allotment
act
created
fiduciary
duty
part
manage
timber
resources
properly
constituted
waiver
sovereign
immunity
suit
money
damages
compensation
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duty
held
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allotment
act
read
establishing
fiduciary
responsibility
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allotted
forest
lands
thus
provide
respondents
cause
action
damages
sought
pp
neither
tucker
act
individual
claimants
premised
jurisdiction
claims
indian
claims
commission
act
jurisdiction
tribe
claim
based
confers
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recover
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damages
pp
general
allotment
act
created
limited
trust
relationship
allottee
impose
duty
upon
government
manage
timber
resources
language
act
must
read
pari
materia
language
indicate
indian
allottee
representative
responsible
using
land
agricultural
grazing
purposes
act
legislative
history
also
indicates
trust
congress
placed
allotted
lands
limited
scope
appearing
congress
enacted
act
intended
hold
lands
trust
wished
government
control
use
lands
subject
money
damages
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fiduciary
duty
simply
wished
prevent
alienation
lands
ensure
allottees
immune
state
taxation
furthermore
certain
events
surrounding
following
act
passage
indicate
read
authorizing
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less
requiring
government
manage
timber
resources
benefit
indian
allottees
pp
marshall
delivered
opinion
stewart
blackmun
powell
rehnquist
joined
white
filed
dissenting
opinion
brennan
stevens
joined
post
burger
took
part
decision
case
deputy
solicitor
general
claiborne
argued
cause
briefs
solicitor
general
mccree
acting
assistant
attorney
general
sagalkin
robert
klarquist
charles
hobbs
argued
cause
respondents
brief
jerry
goldstein
justice
marshall
delivered
opinion
case
presents
question
whether
indian
general
allotment
act
authorizes
award
money
damages
alleged
mismanagement
forests
located
lands
allotted
indians
act
reservation
established
executive
order
state
washington
quinault
tribe
kappler
indian
affairs
ed
much
land
within
reservation
forested
acting
authority
general
allotment
act
ch
stat
amended
et
government
allotted
reservation
land
trust
individual
indians
enactments
congress
require
secretary
interior
manage
forests
sell
timber
pay
proceeds
sales
less
administrative
expenses
allottees
respondents
individual
allottees
land
contained
quinault
reservation
quinault
tribe
holds
allotments
quinault
allottees
association
unincorporated
association
formed
promote
interests
allottees
quinault
reservation
four
actions
consolidated
claims
respondents
sought
recover
damages
government
alleged
mismanagement
timber
resources
found
reservation
respondents
asserted
government
failed
obtain
fair
market
value
timber
sold
failed
manage
timber
basis
rehabilitate
land
logging
failed
obtain
payment
merchantable
timber
failed
develop
proper
system
roads
easements
timber
operations
exacted
improper
charges
allottees
roads
failed
pay
interest
certain
funds
paid
insufficient
interest
funds
exacted
excessive
administrative
charges
allottees
respondents
contended
entitled
recover
money
damages
alleged
misconduct
breached
fiduciary
duty
owed
trustee
allotted
lands
general
allotment
act
moved
dismiss
respondents
actions
ground
waived
sovereign
immunity
respect
claims
raised
claims
sitting
en
banc
denied
government
motion
cl
reasoning
government
mismanagement
kind
alleged
breaches
government
fiduciary
duty
general
allotment
act
held
act
provides
indian
allottees
cause
action
money
damages
granted
certiorari
reverse
remand
ii
elementary
sovereign
immune
suit
save
consents
sued
terms
consent
sued
define
jurisdiction
entertain
suit
sherwood
waiver
sovereign
immunity
implied
must
unequivocally
expressed
king
absence
clear
congressional
consent
jurisdiction
claims
entertain
suits
sherwood
supra
individual
claimants
action
premised
jurisdiction
claims
upon
tucker
act
gives
jurisdiction
claim
founded
either
upon
constitution
act
congress
tucker
act
jurisdictional
statute
create
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right
enforceable
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damages
testan
act
merely
confers
jurisdiction
upon
claims
whenever
substantive
right
exists
ibid
individual
claimants
therefore
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look
beyond
jurisdictional
statute
waiver
sovereign
immunity
respect
claims
true
tribal
claimant
jurisdiction
claims
based
indian
claims
commission
act
provision
claims
shall
jurisdiction
claim
accruing
august
favor
tribe
band
identifiable
group
american
indians
residing
within
territorial
limits
alaska
whenever
claim
one
arising
constitution
laws
treaties
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orders
president
one
otherwise
cognizable
claims
claimant
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band
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claims
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bill
confers
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claims
determine
adjudicate
tribal
claim
character
cognizable
claims
claimant
indian
tribe
cases
claimants
entitled
recover
manner
extent
subject
conditions
limitations
shall
entitled
defenses
law
equity
cases
brought
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section
judicial
code
amended
tribal
claimants
access
claims
provided
individual
claimants
entitled
defenses
law
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statutes
follows
confers
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recover
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iii
section
general
allotment
act
authorizes
president
allot
indian
residing
reservation
acres
agricultural
land
acres
grazing
land
found
within
reservation
stat
amended
section
act
provides
shall
retain
title
allotted
lands
trust
benefit
allottees
upon
approval
allotments
provided
act
secretary
interior
shall
cause
patents
issue
therefor
name
allottees
patents
shall
legal
effect
declare
hold
land
thus
allotted
period
years
trust
sole
use
benefit
indian
allotment
shall
made
expiration
said
period
convey
patent
said
indian
fee
discharged
said
trust
free
charge
incumbrance
whatsoever
provided
president
may
case
discretion
extend
period
conveyance
shall
made
lands
set
apart
allotted
herein
provided
contract
made
touching
expiration
time
mentioned
conveyance
contract
shall
absolutely
null
void
stat
amended
claims
held
general
allotment
act
creates
fiduciary
duty
part
manage
timber
resources
properly
constitutes
waiver
sovereign
immunity
suit
money
damages
compensation
breaches
duty
drew
conclusions
act
language
providing
hold
land
trust
sole
use
benefit
allottee
held
language
created
express
trust
concluded
money
damages
available
compensate
breaches
trust
apparently
remedy
available
ordinary
situation
trustee
violated
fiduciary
duty
without
money
damages
allottees
effective
redress
breaches
trust
need
consider
whether
congress
actually
intended
general
allotment
act
impose
upon
government
fiduciary
duties
ordinarily
placed
equity
upon
trustee
act
constitute
waiver
sovereign
immunity
conclude
act
created
limited
trust
relationship
allottee
impose
duty
upon
government
manage
timber
resources
act
unambiguously
provide
undertaken
full
fiduciary
responsibilities
management
allotted
lands
language
imposes
trust
question
must
read
pari
materia
language
sections
indicate
indian
allottee
representative
responsible
using
land
agricultural
cultural
grazing
purposes
furthermore
legislative
history
act
plainly
indicates
trust
congress
placed
allotted
lands
limited
scope
congress
intended
even
period
title
allotted
land
remain
allottee
occupy
land
homestead
personal
use
agriculture
grazing
see
mattz
arnett
cong
rec
dawes
allottee
occupant
land
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use
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also
cong
rec
sens
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dawes
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cong
rec
skinner
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land
earliest
drafts
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provided
period
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allottee
hold
title
land
subject
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sess
senator
dawes
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language
amended
provide
hold
land
trust
period
cong
rec
senator
dawes
explained
statute
amended
still
ensure
title
land
transferred
indian
allottee
expiration
years
promoted
amendment
feared
might
attempt
tax
allotted
lands
allottees
held
title
subject
restraint
alienation
placing
title
trust
allottee
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made
impossible
raise
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state
taxation
next
draft
act
introduced
congress
reflected
amendment
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course
act
enacted
stat
plain
congress
enacted
general
allotment
act
intended
hold
land
trust
wished
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control
use
land
subject
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damages
breaches
fiduciary
duty
simply
wished
prevent
alienation
land
ensure
allottees
immune
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taxation
furthermore
events
surrounding
following
passage
general
allotment
act
indicate
act
read
authorizing
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less
requiring
government
manage
timber
resources
benefit
indian
allottees
determined
indians
held
right
occupancy
title
indian
lands
therefore
cut
timber
purpose
clearing
land
primary
purpose
marketing
timber
cook
wall
two
years
general
allotment
act
enacted
attorney
general
determined
rule
cook
supra
applied
allotted
well
unallotted
lands
unless
statute
explicitly
provided
contrary
op
atty
congress
ratified
attorney
general
opinion
enacting
provision
authorizing
sale
dead
timber
indian
allotments
reservations
forbidding
sale
live
timber
act
ch
stat
see
also
pine
river
logging
time
passed
congress
occasionally
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legislation
authorizing
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specific
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see
ch
stat
jicarilla
apache
reservation
congress
reversed
general
policy
empowered
secretary
interior
sell
timber
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lands
apply
proceeds
sales
less
administrative
expenses
benefit
indians
ch
stat
amended
secretary
also
authorized
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timber
owner
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land
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trust
patent
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secretary
directed
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less
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expenses
owner
allotted
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ibid
congress
subsequently
enacted
legislation
directing
secretary
manage
indian
timber
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allotment
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read
establishing
fiduciary
responsibility
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allotted
forest
lands
right
respondents
recover
money
damages
government
mismanagement
timber
resources
must
found
source
act
judgment
claims
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
claims
arising
august
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statute
waive
sovereign
immunity
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claims
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hear
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claims
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considerations
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existing
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comments
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federal
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allotment
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allottees
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citizens
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noteworthy
department
interior
agency
charged
administering
act
entitled
considerable
deference
interpretation
statute
zenith
radio
udall
tallman
apparently
disagrees
position
taken
solicitor
general
litigation
believes
money
damages
remedy
permitted
see
letter
departmental
solicitor
krulitz
assistant
attorney
general
moorman
reprinted
app
brief
respondents
sum
find
act
creates
bona
fide
trust
imposes
fiduciary
obligations
trustee
management
allotted
timberlands
provides
damages
remedy
breach
obligations
act
fairly
interpreted
mandating
compensation
federal
government
damage
sustained
testan
quoting
eastport
ct
view
therefore
claims
jurisdiction
action
one
founded
act
congress
one
brought
identifiable
group
indians
otherwise
cognizable
claims
accordingly
respectfully
dissent