United States v. White Mountain Apache Tribe
Encyclopedia
United States v. White Mountain Apache Tribe, 537 U.S. 465
(2003), was a case in which the Supreme Court of the United States
held that when the federal government used land or property held in trust for an Indian tribe, it had the duty to maintain that land or property and was liable for any damages for a breach of that duty.
in Arizona
and remained an active military installation until 1922 when it was transferred to the Department of the Interior (DOI). From 1897 to 1922 it was in the middle of the Fort Apache Indian Reservation
. Under the terms of the transfer, 400 acres (1.6 km²) were set aside for the Theodore Roosevelt Indian School. In 1960, Congress provided that Fort Apache was to be held in trust for the White Mountain Apache Tribe, but allowed the DOI to use the property for "administrative or school purposes." In 1976, the National Park Service
designated the site as a National Historic Site. By 1993, the tribe had adopted a master plan to try to preserve the buildings. In 1998, the site was designated by the World Monuments Fund
as one of the 100 most endangered sites
.
, seeking $14,000,000 in damages for breach of trust by DOI. The tribe argued that the United States had exclusive control over the buildings and allowed them to fall into disrepair. The United States moved for summary judgment on the basis of jurisdiction and failure to state a claim, and the trial court dismissed the suit on the failure to state a claim grounds.
. The appellate court found that various federal laws required the DOI to maintain historic buildings and to maintain Indian trust properties but that they did not authorize monetary damages. The court then looked to the 1960 act and determined that this act did create a trust relationship that could be enforced with monetary damages. The court then reversed and remanded the decision of the trial court. The United States appealed and the Supreme Court
granted certiorari
.
delivered the opinion of the court. Souter noted that any suit against the United States required a clear waiver of sovereign immunity
and held that a waiver was granted by the Indian Tucker Act. Souter then noted the difference between a "limited" trust obligation as was outlined in United States v. Mitchell I, (Mitchell I) and those which could carry monetary damages as outlined in United States v. Mitchell II, (Mitchell II). Since the government had exclusive use and control of the property, it could "not allow it to fall into ruin on his watch." The court affirmed the decision of the Circuit Court and remanded it to the Court of Federal Claims for actions consistent with the ruling.
concurred in the opinion of the majority. Ginsburg expanded on the differences between the lack of liability under Mitchell I and the imposition of damages to compensate "for the harm caused by maladministration of the property." Ginsburg stated that the government had clearly failed its caretaker duties.
dissented. Thomas stated that without a clear and unambiguous intent by Congress
to make the United States liable, there could be no finding of monetary damages.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2003), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that when the federal government used land or property held in trust for an Indian tribe, it had the duty to maintain that land or property and was liable for any damages for a breach of that duty.
History
In 1870 Fort Apache was established by the United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
and remained an active military installation until 1922 when it was transferred to the Department of the Interior (DOI). From 1897 to 1922 it was in the middle of the Fort Apache Indian Reservation
Fort Apache Indian Reservation
The Fort Apache Indian Reservation is an Indian reservation in Arizona, United States, encompassing parts of Navajo, Gila, and Apache counties. It is home to the federally recognized White Mountain Apache Tribe of the Fort Apache Reservation, a Western Apache tribe. It has a land area of 2,627.608...
. Under the terms of the transfer, 400 acres (1.6 km²) were set aside for the Theodore Roosevelt Indian School. In 1960, Congress provided that Fort Apache was to be held in trust for the White Mountain Apache Tribe, but allowed the DOI to use the property for "administrative or school purposes." In 1976, the National Park Service
National Park Service
The National Park Service is the U.S. federal agency that manages all national parks, many national monuments, and other conservation and historical properties with various title designations...
designated the site as a National Historic Site. By 1993, the tribe had adopted a master plan to try to preserve the buildings. In 1998, the site was designated by the World Monuments Fund
World Monuments Fund
World Monuments Fund is a private, international, non-profit organization dedicated to the preservation of historic architecture and cultural heritage sites around the world through fieldwork, advocacy, grantmaking, education, and training....
as one of the 100 most endangered sites
1998 World Monuments Watch List of Most Endangered Sites
The World Monuments Watch is a flagship advocacy program of the New York-based private non-profit organization World Monuments Fund and American Express to call to action and challenge government authorities responsible for important cultural resources to identify sites immediately at risk, and to...
.
Federal Claims Court
In 1999, the tribe filed suit in the United States Court of Federal ClaimsUnited States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
, seeking $14,000,000 in damages for breach of trust by DOI. The tribe argued that the United States had exclusive control over the buildings and allowed them to fall into disrepair. The United States moved for summary judgment on the basis of jurisdiction and failure to state a claim, and the trial court dismissed the suit on the failure to state a claim grounds.
Federal Circuit Court of Appeals
The tribe then appealed the case to the United States Court of Appeals for the Federal CircuitUnited States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. The appellate court found that various federal laws required the DOI to maintain historic buildings and to maintain Indian trust properties but that they did not authorize monetary damages. The court then looked to the 1960 act and determined that this act did create a trust relationship that could be enforced with monetary damages. The court then reversed and remanded the decision of the trial court. The United States appealed and the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Opinion of the Court
Justice David SouterDavid Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
delivered the opinion of the court. Souter noted that any suit against the United States required a clear waiver of sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
and held that a waiver was granted by the Indian Tucker Act. Souter then noted the difference between a "limited" trust obligation as was outlined in United States v. Mitchell I, (Mitchell I) and those which could carry monetary damages as outlined in United States v. Mitchell II, (Mitchell II). Since the government had exclusive use and control of the property, it could "not allow it to fall into ruin on his watch." The court affirmed the decision of the Circuit Court and remanded it to the Court of Federal Claims for actions consistent with the ruling.
Concurrences
Justice Ruth Bader GinsburgRuth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
concurred in the opinion of the majority. Ginsburg expanded on the differences between the lack of liability under Mitchell I and the imposition of damages to compensate "for the harm caused by maladministration of the property." Ginsburg stated that the government had clearly failed its caretaker duties.
Dissents
Justice Clarence ThomasClarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
dissented. Thomas stated that without a clear and unambiguous intent by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to make the United States liable, there could be no finding of monetary damages.