Unpublished Disposition, 894 F.2d 409 (9th Cir. 1990)

MEMORANDUM^* 

Maria A. Feil appeals the district court's summary judgment for the United States in Feil's suit under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. and 1346(b) (1982). Feil alleged that in failing to force a third party to forfeit a wrongfully obtained oil and gas lease and to issue that lease to her, the United States was liable to her under the Act. We have jurisdiction under 28 U.S.C. § 1291 (1982). We affirm.

The district court held, inter alia, that it lacked subject matter jurisdiction because Feil's alleged injury was an economic loss not countenanced by the Tort Claims Act. We reach only this issue. We review de novo a district court's determination of subject matter jurisdiction. Peter Starr Production Co. v. Twin Continental Films, Inc., 783 F.2d 1440, 1442 (9th Cir. 1986).

The Tort Claims Act limits federal jurisdiction to claims of "money damages" against the United States "for injury or loss of property." State of Idaho ex rel. Trombley v. United States Dept. of the Army, 666 F.2d 444, 446 (9th Cir.), cert. denied, 459 U.S. 823 (1982). Feil claims that as second drawee she had a property right in the wrongfully obtained lease. But one has no property right to a federal lease before it is awarded to her--even if she is the first qualified drawee or applicant. Arnold v. Morton, 529 F.2d 1101, 1106 (9th Cir. 1976); McDonald v. Clark, 771 F.2d 460, 463 (10th Cir. 1985). Therefore, Feil does not have a claim against the United States for loss of property and the district court correctly concluded that it lacked subject matter jurisdiction over her case on this basis.

The decision of the district court is AFFIRMED.