United States v. Navajo Nation, 537 U.S. 488, 22 (2003)

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Cite as: 537 U. S. 488 (2003)

Opinion of the Court

2

The Tribe nevertheless argues that the actions of the Secretary targeted in this case violated discrete statutory and regulatory provisions whose breach is redressable in an action for damages. In this regard, the Tribe relies extensively on 25 U. S. C. § 399, see, e. g., Brief for Respondent 22-23, 30-31, upon which the Court of Appeals placed considerable weight as well, see 263 F. 3d, at 1330-1331; supra, at 501. That provision, however, is not part of the IMLA and does not govern Lease 8580. Enacted almost 20 years before the IMLA, § 399 authorizes the Secretary to lease certain unallotted Indian lands for mining purposes on terms she sets, and does not provide for input from the Tribes concerned. See supra, at 494. In exercising that authority, the Secretary is authorized to "perform any and all acts . . . as may be necessary and proper for the protection of the interests of the Indians and for the purpose of carrying the provisions of this section into full force and effect." § 399. But that provision describes the Secretary's leasing authority under § 399; it does not bear on the Secretary's more limited approval role under the IMLA.

Similarly unavailing is the Tribe's reliance on the Indian Mineral Development Act of 1982 (IMDA), 25 U. S. C. § 2101 et seq. See Brief for Respondent 23-24, 30. The IMDA governs the Secretary's approval of agreements for the development of certain Indian mineral resources through exploration and like activities. It does not establish standards governing the Secretary's approval of mining leases negotiated by a Tribe and a third party. The Lease in this case, in short, falls outside the IMDA's domain. See Reply Brief 12-13.

Citing 25 U. S. C. § 396a, the IMLA's general prescription, see supra, at 493, the Tribe next asserts that the Secretary violated his "duty to review and approve any proposed coal lease with care to promote IMLA's basic purpose and the [Tribe's] best interests." Brief for Respondent 39. To sup-

509

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