Hopi Tribe v. United States

OPINION

MEROW, Senior Judge.

This action arises out of the Navajo-Hopi Settlement Act of 1974, 88 Stat. 1712, Pub.L. No. 93-531, 25 U.S.C. § 640d, et seq., (1974) (“Settlement Act”), which authorized court action between the Hopi Tribe and the Navajo Nation to partition a reservation created by Congress in 1934. Plaintiff, the Hopi Tribe, contends that defendant’s failure to reimburse all of its Settlement Act legal fees and expenses gives rise to a monetary claim under the Tucker Act, 28 U.S.C. § 1491(a)(1), based upon the asserted money mandating nature of § 640d-7(e) or on the basis of a…