navajo nation argued december decided march indian mineral leasing act imla provides nallotted lands within indian reservation otherwise federal jurisdiction may approval secretary interior secretary leased mining purposes authority tribal council authorized spokesmen indians act aims provide indian tribes profitable source revenue foster tribal giving indians greater say use disposition resources lands navajo nation tribe permitted predecessor peabody coal company peabody mine coal tribe lands pursuant lease lease lease lease established maximum royalty rate cents per ton coal made figure subject reasonable adjustment secretary anniversary lease every ten years thereafter lease anniversary approached cents per ton rate yielded tribe gross proceeds return higher ten cents per ton minimum established regulations implementing imla substantially lower however rate congress established minimum permissible royalty coal mined federal lands mineral leasing act june area director bureau indian affairs acting pursuant authority delegated secretary tribe request sent peabody opinion letter raising lease rate percent gross proceeds peabody administrative appeal pending deputy assistant secretary indian affairs john fritz peabody wrote secretary hodel asking either postpone decision appeal rule peabody favor peabody representatives also met privately hodel period july hodel sent memorandum fritz suggest ing inform parties decision imminent urging continue efforts resolve matter mutually agreeable fashion tribe resumed negotiations peabody november parties agreed amend lease provide among things royalty rate percent monthly gross proceeds rate coal leases federal indian lands pursuant imla secretary hodel approved amended lease december tribe brought action damages alleging inter alia secretary approval lease amendments constituted breach trust although granting summary judgment federal claims found secretary flagrantly dishonored government general fiduciary duties tribe acting peabody best interests rather tribe nevertheless concluded tribe entirely failed link breach duty statutory regulatory obligation fairly interpreted mandating compensation government actions federal circuit reversed relying regulations promulgated thereunder appeals determined measure control secretary exercised leasing indian lands mineral development sufficed warrant money judgment agreeing federal claims secretary actions regarding peabody administrative appeal violated government fiduciary obligations tribe appeals remanded proceedings including determination damages held mitchell mitchell mitchell mitchell ii control case controversy falls within mitchell domain tribe claim compensation government fails derive provision imla implementing regulations pp state litigable claim tribal plaintiff must invoke source substantive law fairly interpreted mandating compensation federal government damages sustained mitchell ii although indian tucker act confers jurisdiction upon federal claims cases requirement met act source substantive rights mitchell ii pp mitchell mitchell ii pathmarking precedents question whether statute regulation combination thereof fairly interpreted mandating compensation federal government mitchell ii mitchell held indian general allotment act gaa authorized president allot agricultural grazing land individual tribal members residing reservation provided government hold land thus allotted trust sole use benefit allottee authorize award money damages alleged mismanagement forests located allotted lands concluded gaa created limited trust relationship impose duty upon government manage timber resources mitchell mitchell ii however held network statutes regulations impose judicially enforceable fiduciary duties upon management forested allotted lands relevant prescriptions fairly interpreted mandating compensation federal government breached duties state claim cognizable indian tucker act mitchell mitchell ii instruct tribe must identify substantive source law establishes specific fiduciary duties allege government failed faithfully perform duties see mitchell ii threshold passed must determine whether relevant source substantive law fairly interpreted mandating compensation damages sustained result breach duties governing law impose although undisputed existence general trust relationship indian people reinforc conclusion relevant statute regulation imposes fiduciary duties relationship alone insufficient support jurisdiction indian tucker act instead analysis must train specific statutory regulatory prescriptions prescriptions however need expressly provide money damages availability damages may inferred see pp statutes regulations issue fairly interpreted mandating compensation government alleged breach trust case imla regulations provide requisite substantive law mandat es compensation federal government mitchell ii impose obligations resembling detailed fiduciary responsibilities mitchell ii found adequate support claim money damages imla simply requires secretarial approval coal mining leases negotiated tribes third parties become effective authorizes secretary generally promulgate regulations governing mining operations unlike elaborate provisions mitchell ii although gaa required government hold allotted land trust allottees act authoriz much less requir government manage timber resources benefit indian allottees similarly imla regulations assign secretary managerial control coal leasing even establish limited trust relationship existing gaa provision imla regulations contains trust language respect coal leasing moreover mitchell imposing fiduciary duties government line one statute principal purposes enhancing tribal see pp rejects tribe arguments secretary actions case violated discrete statutory regulatory provisions whose breach redressable damages action tribe misplaces reliance part imla govern lease enacted almost years imla authorizes secretary lease certain unallotted indian lands mining purposes terms sets provide input tribes concerned authorization bear secretary limited approval role imla similarly unavailing tribe reliance indian mineral development act imda et seq imda governs secretary approval agreements development certain indian mineral resources exploration like activities establish standards governing approval mining leases negotiated tribe third party lease tribe vigorously pressed arguments headlining imla general prescription fare better asserting secretary hodel violated duty review approve proposed coal leases extent tribe best interests tribe points various government reports identifying percent appropriate royalty secretary decision made receiving ex parte communications peabody withhold departmental action circumstances presented tribe maintains hodel eventual approval percent royalty rate violated two ways improvident allowed conveyance tribe coal hodel knew half value unfair hodel intervention lease adjustment process skewed bargaining depriving tribe percent rate arguments fail assume substantive prescriptions found first argument neither imla regulations establishes anything bare minimum royalty textual basis concluding secretary approval function includes duty enforceable action money damages ensure higher rate return tribe similarly tribe second argument grounded specific statutory regulatory language nothing imla implementing regulations proscribed ex parte communications case occurred administrative appeal process largely unconstrained formal requirements moreover even deputy assistant secretary fritz rendered opinion affirming percent royalty approved area director secretary set aside modified subordinate decision exercise authority head interior department accordingly rejection peabody appeal fritz necessarily yielded higher royalty tribe pp reversed remanded ginsburg delivered opinion rehnquist scalia kennedy thomas breyer joined souter filed dissenting opinion stevens joined petitioner navajo nation writ certiorari appeals federal circuit march justice ginsburg delivered opinion case concerns indian mineral leasing act imla stat et role assigns secretary interior secretary respect coal leases executed indian tribe private lessee controversy centers amendments coal lease entered predecessor peabody coal company peabody navajo nation tribe federally recognized indian tribe tribe seeks recover money damages alleged breach trust connection secretary approval coal lease amendments negotiated tribe peabody decisions mitchell mitchell mitchell mitchell ii control case concluding controversy falls within mitchell domain hold tribe claim compensation federal government fails derive imposing provision imla implementing regulations imla governs aspects mineral leasing indian tribal lands unallotted lands within indian reservation otherwise federal jurisdiction may approval secretary leased mining purposes authority tribal council authorized spokesmen indians terms exceed ten years long thereafter minerals produced paying quantities addition provid ing indian tribes profitable source revenue cotton petroleum new mexico imla aimed foster tribal giv ing indians greater say use disposition resources found indian lands bhp minerals prior enactment imla decisions whether grant mineral leases indian land generally rested government see act june ch stat amended see also infra describing indian consent required leases sometimes granted tribal objections see sess fed cl imla designed advance tribal independence empowers tribes negotiate mining leases coal leasing assigns primarily approval role secretary although imla covers mineral leasing generally number discrete provisions deals particularly oil gas leases see requirements public auctions oil gas leases oil gas leases subject terms reasonable cooperative unit plan approved prescribed secretary avoid waste promote conservation natural resources welfare indians secretary may approve leases indian lands subsurface storage oil imla contains similarly specific prescriptions coal leases simply remits coal leases common mineral leases governance rules regulations promulgated secretary times relevant imla regulations provided indian tribes may approval secretary authorized representative lease land mining purposes cfr line imla regulations treated oil gas leases detail coal leases regulations regarding royalties example specified procedures applicable oil gas leases including criteria secretary employ setting royalty rates coal royalties contrast regulations required rate less cents per ton limitation placed tribe negotiating capacity secretary approval tribe involved case occupies largest indian reservation past century large deposits coal discovered tribe reservation lands held trust year tribe receives millions dollars royalty payments pursuant mineral leases private companies peabody mines coal tribe lands pursuant leases covered imla case principally concerns lease lease lease took effect upon approval secretary app lease established maximum royalty rate cents per ton coal made figure subject reasonable adjustment secretary interior authorized representative anniversary lease every ten years thereafter anniversary lease approached royalty rate cents per ton yielded tribe gross proceeds ca fed return higher ten cents per ton minimum established imla regulations see cfr substantially lower however percent gross proceeds rate congress established minimum permissible royalty coal mined federal lands mineral leasing act see pub stat amended years starting gain favorable return tribe endeavored renegotiate existing mineral leases private lessees including peabody see app march chairman navajo tribal council wrote secretary asking exercise contractually conferred authority adjust royalty rate lease june director bureau indian affairs navajo area acting pursuant authority delegated secretary sent peabody opinion letter raising rate percent gross proceeds app contesting area director rate determination peabody filed administrative appeal july pursuant cfr fed appeal referred deputy assistant secretary indian affairs john fritz acting commissioner indian affairs assistant secretary indian affairs march fritz permitted peabody supplement brief requested additional cost revenue investment data fed thereafter appeared ready reject peabody appeal ibid app undated draft letter june peabody tribe anticipated announcement favorable tribe imminent app july peabody vice president wrote interior secretary donald hodel asking either postpone decision peabody appeal parties seek negotiated settlement rule peabody favor copy peabody letter sent tribe submitted letter urging secretary reject peabody request secure department prompt release decision tribe favor peabody representatives met privately secretary hodel july fed representative tribe present received notice meeting july secretary hodel sent memorandum deputy assistant secretary fritz app memorandum suggest ed fritz inform involved parties decision th appeal imminent urge continue efforts resolve matter mutually agreeable fashion royalty adjustment imposed parties without concurrence memorandum stated almost certainly subject protracted costly appeals well impair future contractual relationship parties secretary hodel added however memorandum intended determination merits arguments parties respect issues subject appeal tribe told secretary memorandum fritz learned washington urged return bargaining table fed see app facing severe economic pressure app tribe resumed negotiations peabody august fed september parties reached tentative agreement package amendments lease agreed raise royalty rate percent monthly gross proceeds make new rate retroactive february app percent rate time customary leases mine coal federal lands indian amendments acknowledged legitimacy tribal taxation coal production stipulated tax rate capped eight percent addition peabody agreed pay tribe million amendments became effective million peabody began mining additional coal authorized lease amendments agreement also addressed ancillary matters provisions future royalty adjustments arbitration procedures rights way establishment tribal scholarship fund payment peabody back royalties bonuses water payments fed consideration benefits associated lease amendments parties agreed move jointly vacate area director june decision raised royalty percent app august navajo tribal council approved amendments fed parties signed final agreement november app secretary hodel approved december shortly thereafter pursuant parties stipulation area director decision vacated fed tribe brought suit federal claims alleging inter alia secretary approval amendments lease constituted breach trust tribe sought million federal claims granted summary judgment fed cl uncertain terms found government owed general fiduciary duties tribe view secretary flagrantly dishonored acting best interests peabody rather tribe nevertheless concluded tribe entirely failed link breach duty statutory regulatory obligation fairly interpreted mandating compensation government fiduciary wrongs accordingly held entitled judgment matter appeals federal circuit reversed government liability tribe said turned whether controls indian resources relying regulations promulgated thereunder appeals determined measure control secretary exercised leasing indian lands mineral development sufficed warrant money judgment breaches fiduciary duties connected coal leasing see infra appeals agreed federal claims secretary actions regarding peabody administrative appeal violated government fiduciary obligations tribe actions suppress ed conceal ed decision deputy assistant secretary thereby favor ed peabody interests detriment navajo interests based determinations appeals remanded proceedings including determination damages judge schall concurred part dissented part enough maintained tribe show violation general fiduciary relationship stemming federal involvement particular area indian affairs rather tribe must show breach specific fiduciary obligation falls within contours statutes regulations create general fiduciary relationship issue view government action case implicated specific fiduciary responsibility secretary approval lease amendments secretary deficient judge schall concluded approving amendments without first conducting independent economic analysis amended agreement appeals denied rehearing granted certiorari reverse ii axiomatic may sued without consent existence consent prerequisite jurisdiction mitchell ii tribe asserts federal jurisdiction known indian tucker act act provides federal claims shall jurisdiction claim accruing august favor tribe whenever claim one arising constitution laws treaties executive orders president one otherwise cognizable federal claims claimant indian tribe band group claim falls within terms indian tucker act presumptively consented suit mitchell ii although indian tucker act confers jurisdiction upon federal claims source substantive rights ibid see mitchell state litigable claim tribal plaintiff must invoke source substantive law fairly interpreted mandating compensation federal government damages sustained mitchell ii indian tucker act provides necessary consent suit however statute regulation need contain second waiver sovereign immunity mitchell mitchell ii pathmarking precedents question whether statute regulation combination thereof fairly interpreted mandating compensation federal government mitchell ii mitchell considered whether indian general allotment act gaa stat amended et seq ed repealed authorized award money damages alleged mismanagement forests located lands allotted tribal members gaa authorized president allot agricultural grazing land individual tribal members residing reservation provided hold land thus allotted trust sole use benefit indian allotment shall made held gaa create private rights enforceable suit money damages indian tucker act examining gaa language history purpose concluded created limited trust relationship allottee impose duty upon government manage timber resources mitchell particular stressed sections gaa removed standard element trust relationship making indian allottee representative responsible using land agricultural grazing purposes see scheme allottee manage also determined congress decided land trust wished government control use land simply wished prevent alienation land ensure allottees immune state taxation act authoriz much less requir government manage timber resources benefit indian allottees held gaa established right recover money damages mismanagement resources left open however possibility sources law might support plaintiffs claims damages mitchell ii held network statutes regulations impose judicially enforceable fiduciary duties upon management forested allotted lands contrast bare trust created gaa observed statutes regulations us clearly give federal government full responsibility manage indian resources land benefit indians managing forests selling timber noted congress instructed secretary mindful needs best interests indian owner heirs specifically 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 proceeds timber sales paid land owners disposed benefit ibid congress prescriptions interior department regulations daily supervision harvesting management tribal timber department bureau indian affairs emphasized combined place federal control irtually every stage process mitchell ii internal quotation marks omitted see describing comprehensive timber management statutes regulations promulgated thereunder determined statutes regulations establish ed fiduciary obligations government management operation indian lands resources concluded relevant legislative executive prescriptions fairly interpreted mandating compensation federal government damages sustained damages remedy explained furthe purposes statutes regulations clearly require secretary manage indian resources generate proceeds indians state claim cognizable indian tucker act mitchell mitchell ii thus instruct tribe must identify substantive source law establishes specific fiduciary duties allege government failed faithfully perform duties see threshold passed must determine whether relevant source substantive law fairly interpreted mandating compensation damages sustained result breach duties governing law impose although undisputed existence general trust relationship indian people reinforc conclusion relevant statute regulation imposes fiduciary duties relationship alone insufficient support jurisdiction indian tucker act instead analysis must train specific statutory regulatory prescriptions prescriptions need however expressly provide money damages availability damages may inferred see substantive source law may grant claimant right recover damages either expressly implication internal quotation marks citation omitted consider whether imla implementing regulations fairly interpreted mandating compensation government alleged breach trust case conclude tribe principal contention imla statutory regulatory scheme viewed entirety attaches fiduciary duties government function scheme secretary acted contravention duties approving percent royalty contained amended lease see brief respondent read imla differently see statute regulations issue provide requisite substantive law mandat es compensation federal government mitchell ii imla implementing regulations impose obligations resembling detailed fiduciary responsibilities mitchell ii found adequate support claim money imla simply requires secretarial approval coal mining leases negotiated tribes third parties become effective authorizes secretary generally promulgate regulations governing mining operations yet dissent concludes imla imposes one specific statutory obligations mitchell ii level fiduciary duty whose breach compensable damages post endeavor align case mitchell ii rather mitchell however valiant falls short mark unlike elaborate provisions mitchell ii imla regulations give federal government full responsibility manage indian resources benefit indians secretary neither assigned comprehensive managerial role time relevant expressly invested responsibility secure needs best interests indian owner heirs ibid internal quotation marks omitted quoting instead secretary involvement coal leasing imla closely resembles role provided government gaa regarding allotted forest lands see mitchell although gaa required government hold allotted land trust sole use benefit indian allotment shall made quoting act authoriz much less requir government manage timber resources benefit indian allottees mitchell similarly imla regulations assign secretary managerial control coal leasing even establish limited trust relationship existing gaa provision imla regulations contains trust language respect coal leasing moreover mitchell imposing fiduciary duties government line one statute principal purposes gaa designed allottee manage land imposing upon government fiduciary duty oversee management allotted lands served purpose imla aims enhance tribal giving tribes government lead role negotiating mining leases third parties see supra federal claims recognized ideal indian directly odds secretarial control leasing fed tribe nevertheless argues actions secretary targeted case violated discrete statutory regulatory provisions whose breach redressable action damages regard tribe relies extensively see brief respondent upon appeals placed considerable weight well see supra provision however part imla govern lease enacted almost years imla authorizes secretary lease certain unallotted indian lands mining purposes terms sets provide input tribes concerned see supra exercising authority secretary authorized perform acts may necessary proper protection interests indians purpose carrying provisions section full force effect provision describes secretary leasing authority bear secretary limited approval role imla similarly unavailing tribe reliance indian mineral development act imda et seq see brief respondent imda governs secretary approval agreements development certain indian mineral resources exploration like activities establish standards governing secretary approval mining leases negotiated tribe third party lease case short falls outside imda domain see reply brief citing imla general prescription see supra tribe next asserts secretary violated duty review approve proposed coal lease care promote imla basic purpose tribe best interests brief respondent support assertion tribe points various government reports identifying percent appropriate royalty see secretary decision made receiving ex parte communications peabody withhold departmental action see circumstances presented tribe maintains secretary eventual approval percent royalty violated duties two ways first secretary approval improvident tr oral arg allowed tribe coal conveyed secretary knew half value second secretary hodel intervention lease adjustment process skewed bargaining depriving tribe percent rate rendering secretary subsequent approval percent rate unfair tribe vigorously pressed arguments headlining fare better arguments tied imda arguments fail assume substantive prescriptions found improviden ce secretary approval tribe point guides standards circumscribing secretary affirmation coal mining leases negotiated tribe private lessee regulations imla effect established minimum royalty ten cents per ton see cfr royalty contained lease well exceeded regulatory floor see supra time secretary approved amended lease bears repetition percent rate customarily received leases mine coal federal lands similarly customary rate coal leases indian lands issued readjusted exceed percent see supra sum neither imla regulations establishes anything bare minimum royalty hence textual basis concluding secretary approval function includes duty enforceable action money damages ensure higher rate return tribe concerned similarly pertinent statutory regulatory provision requires secretary pain damages conduct independent economic analysis reasonableness royalty tribe third party agreed concurring opinion finding duty tribe second argument concentrates skew ing effect secretary hodel intervention direction deputy assistant secretary fritz withhold action peabody appeal area director decision setting royalty rate percent tr oral arg see supra secretary actions intervening administrative appeal process approving amended lease tribe urges based upon assessment merits royalty issue instead tribe maintains attributable entirely undue influence peabody exerted ex parte communications secretary see brief respondent underscoring tribe knowledge communications secretary hodel direction fritz see supra tribe asserts bargaining position seriously compromised resumed negotiations peabody see tr oral arg secretary ultimate approval percent royalty tribe concludes thus outcome fundamentally unfair tribe federal claims ultimately determined see supra tribe assertions grounded specific statutory regulatory provision fairly interpreted mandating money damages nothing imla basic provision imla implementing regulations proscribed ex parte communications case occurred administrative appeal process largely unconstrained formal requirements see cfr commissioner may rely information available whether formally part record supra either party effected transfer peabody appeal board indian appeals see cfr supra exercise option triggered review formal character ex parte communications prohibited see cfr tribe elect transfer matter board regulatory proscription ex parte contacts applicable board proceedings thus govern note moreover even deputy assistant secretary fritz rendered opinion affirming percent royalty approved area director open secretary set aside modify subordinate decision see supra head department interior secretary authority review decision employee employees department cfr cf michigan citizens independent press thornburgh cadc upholding attorney general approval contrary conclusions administrative law judge justice department antitrust division joint operating agreement newspaper preservation act aff equally divided per curiam accordingly rejection peabody appeal deputy assistant secretary necessarily yielded higher royalty tribe however one might appraise secretary intervention case warrant relevant statute regulation conclude conduct implicated duty enforceable action damages indian tucker act judgment appeals federal circuit accordingly reversed case remanded proceedings consistent opinion ordered petitioner navajo nation writ certiorari appeals federal circuit march justice souter justice stevens justice join dissenting issue case whether indian mineral leasing act regulations imply specific duty secretary interior part cause action damages case breach recognize imla indicates fiduciary duty intended need provide damages remedy explicitly statutory regulatory provision found create specific fiduciary obligation right damages inferred general trust principles amenability suit indian tucker act see white mountain apache tribe ante mitchell mitchell ii part majority take secretary obligation approve mineral leases raising substantial fiduciary obligation navajo nation tribe pleaded shown enough survive government motion summary judgment affirm judgment federal circuit imla requires secretary approval effectiveness lease negotiated tribe third party see also cfr accepts government position see brief imla approval responsibility places substantive obligation secretary save minimal duty withhold assent leases calling less minimum royalty rate set imla regulations whatever may ante since rate merely general standard may bargain rate applied extractable material high quality obligation demand may amount much legislative history purposes imla however illuminated secretary historical role reviewing conveyances indian lands point fiduciary responsibility make ambitious assessment best interest tribe signing protective purpose secretary approval power appeared discussions statutes governing indian lands years tiger western investment example upheld constitutionality act apr ch stat made alienation certain allotted lands citizen indians subject approval secretary interior although allotment conferral citizenship given tribal members greater responsibility interest see choteau burnet nevertheless understood requirement prior approval supposed satisfy national government trust responsibility indians tiger supra accord sunderland restraints alienation indian property enacted fulfillment congress duty protect indians shortly tiger anicker gunsburg held secretary authority approve leases allotted lands act may ch stat unquestionably given protection indians improvidence designs obtain property inadequate compensation secretary approval power understood significant component government general trust responsibility see clinton isolated country defense federal protection indian autonomy stan rev chambers price regulating sovereignty secretarial discretion leasing indian lands stan rev congress decision imla give secretary approval authority well understood terms background enactment imla congress devised scheme divided responsibility reminiscent old allotment legislation changed prior law transferring negotiating authority government tribes hedged augmentation tribal authority leaving secretary certain powers oversight including authority approve reject leases tribes negotiated secretary signature final step scheme uniform leasing procedures designed protect indians montana blackfeet tribe imposed concern existing laws adequate give indians greatest return property basic purpose secretary powers imla thus maximize tribal revenues reservation lands navajo tribe see blackfeet tribe supra consistent aim secretary imla regulations effect provide administrative actions including lease approvals taken best interest indian mineral owner cfr see also stating overarching purpose imla regulations ensure indians mineral resources developed manner maximizes best economic interests thus viewed light imla legislative history general trust relationship indians see mitchell ii supports existence fiduciary responsibility review mineral leases substance safeguard indians mean suggest devising specific standard responsibility simple matter ignore tension imla two objectives thought solely terms aim ensure negotiated leases maximize tribal revenues supra ignore object imla provide greater tribal responsibility secretary oversight acting hedge see royster mineral development indian country evolution tribal control mineral resources tulsa rev noting twin aims imla stringent substantive obligation secretary less scope tribal responsibility however errs opposite direction giving overriding weight interest tribal autonomy point concluding secretary approval obligation onerous one ante thus losing sight mixture congressional objectives standard responsibility simply give whole hog one congressional policy case essay ultimate formulation balanced standard even reticent formulation fiduciary obligation require secretary withhold approval good reason doubt negotiated rate within range reasonable market rates coal question reason know tribe placed unfair disadvantage negotiating table acts see restatement second trusts modest standards enough keep present suit tribe pleaded breach trust respect submitted evidence get past summary judgment either alternative record discloses serious indications percent royalty rate lease amendments substantially less fair market value tribe high quality coal course deciding percent reasonable adjustment terms lease area director board indian affairs bia considered several independent economic studies one recommending rates around percent one specifically rejecting percent inadequate app conclusions confirmed expert bia energy mineral division supplemental report submitted peabody appealed area director decision report endorsed percent rate expressly found royalty rate much higher federal government receives coal navajo coal extremely valuable federal study ever recommended royalty rate percent yet secretary approved rate little half case federal circuit judge schall took sensible position secretary obligated obtain independent market study assess rate circumstances see opinion concurring part dissenting part record stands shows secretary clearly open claim fiduciary breach approving rate information said course recognize secretary obligation approve leases royalty rates isolation allegation approved otherwise unjustified rate apparently well market particular resource deposit certainly raises claim breach tribe made powerful showing secretary knew perfectly well intervention behalf peabody derailed lease adjustment proceeding probability yielded percent rate ex parte meeting peabody representatives secretary put name memorandum drafted peabody directing deputy assistant secretary fritz withhold decision affirming percent rate directing mislead tribe telling decision merits adjustment imminent fact affirmance prepared fritz signature directing encourage tribe shift attention area director appealed award percent return negotiating table percent never even possibility app purpose predictable effect actions induce tribe take deep discount royalty rate face tribe feared otherwise prolonged revenue loss uncertainty point evidence secretary violated rule procedure administrative appeals ante statutory duty regarding royalty adjustments terms earlier lease facts support tribe claim secretary defaulted fiduciary responsibility withhold approval inadequate lease accepted tribe disadvantage secretary intentionally say tribe end recovery end day disputed facts tried negotiations affected lease subject adjustment demand also leases apparently subject option tribe benefit renegotiated terms affected lease provisions royalties including tax terms say net changes may overall bargain tribe interest despite smaller royalty figure lease approved issue whether tribe claims address one specific statutory obligations mitchell ii level fiduciary duty whose breach compensable damages tribe pleaded duty record shows tribe case try respectfully dissent footnotes well events issue minimum rate new coal leases increased percent value production produced sold lease fed reg cfr amended regulations state however lower royalty rate shall allowed determined best interest indian mineral owner required regulations see cfr peabody served notice appeal tribe exercised right file response see regulations effect required deputy assistant secretary ender written decision appeal efer appeal board indian appeals board ithin days time pleadings expired days elapsed june app either party entitled matter transferred board cfr neither peabody tribe chose go route entailed formalized possibly protracted additional administrative process see appeals board indian appeals shall made manner provided department hearings appeals procedures cfr part subpart cfr general rules applicable proceedings appeal board special rules applicable appeals administrative actions officials bureau indian affairs conclusion proceedings board either side sought reconsideration requested review director office hearings appeals secretary interior deputy assistant secretary draft opinion letter stated ruling based exercise discretionary authority final department app letter issued peabody entitled seek review board see cfr board may review decisions commissioner indian affairs decision based interpretation law see also supra deputy assistant secretary acting commissioner indian affairs even opinion letter issued drafted peabody asked secretary hodel exercise authority review decision employee employees department cfr secretary render ed final decision direct ed deputy assistant secretary reconsider decision parties also agreed raise royalty rate another lease issue covered coal located within former joint use area shared navajo nation hopi tribe fed cl unlike lease lease contain provision subjecting rate reasonable adjustment secretary twelve percent minimum royalty rate set congress leases mine coal federal lands see also customary rate found leases issued readjusted see department interior minerals management minerals revenue management general eral american indian mineral lease terms http available clerk case file tribe identifies single federal coal lease royalty rate percent see brief respondent government points lease part experimental leasing policy tried department short time reply brief quoting peabody coal department interior practice approve imla leases royalties less minimum rate federal coal percent see app ca fed late customary royalty rate coal leases indian lands issued readjusted exceed percent see department interior minerals management mineral revenues report receipts federal indian leases table http available clerk case file tribe argues presentation percent provided amended lease facial royalty rate brief respondent actual rate lower see tr oral arg assertion based part tribe agreement amended lease relinquish claim million back taxes million back royalties see fed part proposed findings fact tribe submitted federal claims government specifically dispute see app ca fed pp proposed findings stated provision amended lease signifying method calculating royalty app proposed findings resulted royalty payments lower minimum allowable federal coal proposed findings extent tribe assails secretary approval lease inconsistent federal policy approve rates percent pursue point tribe failed rely see fed claim tribe secretary approval lease ran afoul th federal policy approving imla leases royalty rates less decision navajo tribe unsettled whether tribe levy taxes without approval secretary interior imposition severance tax course augmented amount payable lessee tribe see fed royalties taxes combined permit tribe realize much percent see tr oral arg ca tax percent coal goes navajo enerating tation tax waiver plant site tribe filed separate action peabody claiming improper influence government actions respect lease see navajo nation peabody holding civ action june tribe complaint action alleges violations federal racketeer influenced corrupt organizations act et related wrongdoing inter alia breach contract interference fiduciary relationship conspiracy fraudulent concealment see navajo nation peabody holding supp dc ruling pretrial motions federal claims also rejected tribe claim breach contract determining secretary party lease contractual authority adjust royalty rate carried obligation fed tribe appeal ruling reference claims otherwise cognizable federal claims incorporates tucker act see mitchell ii tucker act grants federal claims jurisdiction render judgment upon claim founded either upon constitution act congress regulation executive department upon express implied contract liquidated unliquidated damages cases sounding tort rule government role coal leasing process imla earlier recounted see supra imla implementing regulations address oil gas leases considerably detail coal leases whether secretary fiduciary obligations enforceable action money damages respect oil gas leases us tribe dissent refer portions cfr pt require administrative decisions affecting tribal mineral interests made best interests tribal mineral owner see brief respondent post note however referenced regulatory provisions adopted decade events issue case see fed reg lease authorized secretary make reasonable royalty adjustment app noted however see supra federal claims determined tribe dispute secretary signatory lease lease contractually binding see fed thus perceive basis infusing secretary approval function substantive standards might derived adjustment authority lease certainly basis concluding alleged breach standards cognizable action money damages indian tucker act tribe contend amended lease failed meet minimum royalty regulations effect need decide whether secretary approval lease trigger money damages see reply brief may assume present purposes failure secretary ensure prior approving proposed lease terms amendments comply regulation specifying minimum royalty rate parties may agree support claim tucker customary rate also statutorily defined minimum federal coal leases see supra section applies federal lands general apply leases indian lands cfr promulgated see reply brief times relevant sole specific provision governing lessee coal leases ten cents per ton minimum prescribed cfr citing language legislative history dissent stresses imla aimed part give indians greatest return property post quoting suggests secretary approval role encompasses enforceable duty objective see post cautioned according talismanic effect senate report reference greatest return indian property observed overstates congress aim attribute legislature purpose guarantee indian tribes maximum profit available cotton petroleum new mexico beyond doubt imla designed provide indian tribes profitable source revenue quoted supra congress concrete objective regard removal certain impediments applied particularly mineral leases indian land see cotton congress concerned matters unavailability extralateral mineral rights indian land public domain discoverer mineral deposit gets extralateral rights follow ore beyond side lines indefinitely indian lands act june limited confines survey markers exceed feet feet one claim draft bill herewith permit obtaining sufficient acreage remove necessity extralateral rights attending controversies objective discrete secretary lease approval role imla find solid basis imla regulations lofty statements legislative history legally enforceable command secretary disapprove indian coal leases unless survive independent market study post satisfy extratextual criterion tribal profitability footnotes addition interior department times relevant case place internal policy providing mineral leases approved terms conditions lease best interest indian landowner app majority seeks distinguish mitchell ii saying timber management statutes issue gave secretary comprehensive managerial role stated explicitly timber sales made consideration needs best interests indian owner heirs ante comprehensiveness secretary role described made mitchell ii easy case mitchell ii say however fiduciary duties found government elaborate control mitchell ii reference statute explicit best interests language foreclose use standard interpretive tools like legislative history determine whether statute establishes fiduciary duty majority proceeds discount imla legislative history suggesting congress concern indian revenues limited elimination certain constraints peculiar indian mineral leases ante cited imla legislative reports indicate congress aims restricted curing specific deficiencies prior law nothing detract consistent recognition precedents imla leasing procedures designed protect indian interests mineral resources bureau mines recommended adjusted royalty rate percent bia division energy mineral resources recommended percent separate report several private studies also endorsed rates percent range one conducted council energy resource tribes concluded rate percent another prepared private management consultant firm request navajo advocated rate percent report significantly lower rate report submitted peabody recommended rate percent figure based current fair value rather rate restore benefits originally contemplated lease signed parties possibility secretary set aside fritz rejection peabody appeal despite suggestion ante defeat tribe claim initial matter whatever formal authority secretary may nothing cited parties suggests secretary considering action painted plainly catering peabody hence cautious qualification memorandum fritz emphasizing intervention intended determination merits percent rate adjustment app given federal economic surveys unanimously endorsed percent unclear basis secretary reject rate merits importantly gravamen tribe claim entitled percent rate adjustment lease rather secretary actions deceiving tribe status peabody appeal skewed subsequent bargaining process resulting royalty rate peabody favor issue whether secretary might ultimately favored peabody appeal perhaps subject relevant evidence dispositive