Oregon Department of Fish and Wildlife v. Klamath Indian Tribe
United States Supreme Court
473 U.S. 753 (1985)
- Written by Eric Miller, JD
Facts
In 1864, the Klamath Indian Tribe (plaintiff) ceded more than 20 million acres of its ancestral lands to the United States government, leaving approximately 1.9 million acres as the official Klamath reservation. The 1864 treaty by which the cessation occurred gave the Klamaths exclusive fighting rights within the remaining reservation lands, from which non-Indians were specifically excluded. In the 1890s, the government discovered that it had erroneously omitted more than 617,000 acres from its survey of the Klamath reservation. This led to another agreement, executed in 1901 and ratified in 1906, under which the tribe ceded an additional 621,824 acres of its reservation. The agreement preserved the terms of the 1864 treaty. Congress effectively terminated the reservation in 1954. In 1982, the tribe brought suit against the Oregon Department of Fish and Wildlife and other state officials (the state) (defendant), seeking an injunction against regulation of the tribe’s hunting and fishing activities in the lands ceded in 1901. The federal district court granted summary judgment in favor of the tribe. The federal court of appeals affirmed. The state appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Stevens, J.)
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