United States v. Navajo Nation, 537 U.S. 488, 13 (2003)

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500

UNITED STATES v. NAVAJO NATION

Opinion of the Court

Tribe $1.5 million when the amendments became effective, and $7.5 million more when Peabody began mining additional coal, as authorized by the Lease amendments. Id., at 292- 293. The agreement "also addressed ancillary matters such as provisions for future royalty adjustments, arbitration procedures, rights of way, the establishment of a tribal scholarship fund, and the payment by Peabody of back royalties, bonuses, and water payments." 46 Fed. Cl., at 224. "In consideration of the benefits associated with these lease amendments," the parties agreed to move jointly to vacate the Area Director's June 1984 decision, which had raised the royalty to 20 percent. App. 286.

In August 1987, the Navajo Tribal Council approved the amendments. 46 Fed. Cl., at 224. The parties signed a final agreement in November 1987, App. 309, and Secretary Hodel approved it on December 14, 1987, id., at 337-339. Shortly thereafter, pursuant to the parties' stipulation, the Area Director's decision was vacated. 46 Fed. Cl., at 224.

In 1993, the Tribe brought suit against the United States in the Court of Federal Claims, alleging, inter alia, that the Secretary's approval of the amendments to the Lease constituted a breach of trust. The Tribe sought $600 million in damages.8

to the Tribe. See 46 Fed. Cl., at 224 (royalties and taxes combined "would . . . permit the tribe to realize as much as 20.5 percent"). But see Tr. of Oral Arg. 43-44 ("[W]e can't tax 60 percent of the coal because it goes to the Navajo [G]enerating [S]tation which has a tax waiver in the plant site lease.").

8 The Tribe has filed a separate action against Peabody, claiming improper influence over the Government's actions with respect to the Lease. See Navajo Nation v. Peabody Holding Co., Civ. Action No. 99-469 (D. C., June 24, 2002). The Tribe's complaint in that action alleges violations of the federal Racketeer Influenced and Corrupt Organizations Act, 18 U. S. C. § 1961 et seq., and related wrongdoing, inter alia, breach of contract, interference with fiduciary relationship, conspiracy, and fraudulent concealment. See Navajo Nation v. Peabody Holding Co., 209 F. Supp. 2d 269, 272 (DC 2002) (ruling on pretrial motions).

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