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OREGON FISH & WILDLIFE DEPT. v. KLAMATH TRIBE

No. 83-2148.

473 U.S. 753 (1985)

105 S.Ct. 3420

87 L.Ed.2d 542

OREGON DEPARTMENT OF FISH AND WILDLIFE ET AL. v. KLAMATH INDIAN TRIBE

Supreme Court of United States.

Decided July 2, 1985

Attorney(s) appearing for the Case

Dave Frohnmayer, Attorney General of Oregon, argued the cause for petitioners. With him on the briefs were William F. Gary, Deputy Attorney General, James E. Mountain, Jr., Solicitor General, and Michael D. Reynolds and Margaret E. Rabin, Assistant Attorneys General.

Don B. Miller argued the cause for respondent. With him on the brief were Kim Jerome Gottschalk and Sande Schmidt.

JUSTICE STEVENS delivered the opinion of the Court.

In 1901 the Klamath Indian Tribe ceded 621,824 acres of reservation land to the United States. The question presented in this case is whether the Tribe thereafter retained a special right to hunt and fish on the ceded lands free of state regulation. In answering that question we consider not only the terms of the 1901 Cession Agreement but also the predecessor 1864 Treaty...

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