United States v. Cherokee Nation of Okla.

Background

The dispute involves the Cherokee Nation, which holds title to part of the Arkansas River bed, and the United States, which built the McClellan-Kerr navigation project that altered sand and gravel deposits. After a prior decision recognizing tribal fee-simple title, the Tribe sued for payment for the damage. Congress declined to pay and allowed the Nation to bring its claim in federal court; a trial court ruled for the Tribe and a divided Court of Appeals affirmed under a balancing approach.

Reasoning

The central question was whether the United States must pay when federal navigation improvements damage riverbed interests. The Court held that the federal Commerce Clause gives the Government a dominant navigational servitude that authorizes navigation improvements and that such exercises, as a general rule, are not a taking requiring compensation. The Court rejected the Court of Appeals’ balancing test, found no clear treaty language or unmistakable waiver that removed the servitude, and explained that fiduciary duties do not create a new right to compensation where the servitude applies.

Real world impact

The ruling means federal navigation projects that change riverbeds will generally proceed without requiring payment to riverbed title holders in ordinary cases. Tribes holding riverbed title remain subject to the federal navigational servitude, and the Supreme Court reversed the appeals court and sent the case back for proceedings consistent with its ruling. The Court did not decide other claims that were not raised or resolved below.

Dissents or concurrances

A dissenting judge in the Court of Appeals opposed the balancing test and argued the navigational servitude applies broadly and that no “private river” exception should be created for the Tribe.