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Montana v. United States

United States Supreme Court

450 U.S. 544 (1981)

Relevant factsFree

The Crow Tribe's reservation land in Montana was divided into individually owned parcels under the Crow Allotment Act, with lots sold to both Indians and non-Indians; the Crow retained treaty hunting and fishing privileges but later passed a resolution banning all non-Indians from hunting or fishing on the reservation, even on land those non-Indians owned outright. Montana (defendant) continued enforcing its own state hunting and fishing regulations against non-Indian landowners on the reservation, and the United States (plaintiff), suing on the Tribe's behalf, sought a declaration that the Tribe and federal government held exclusive authority over hunting and fishing there; the district court ruled for Montana, the Ninth Circuit reversed in part, finding the Tribe could regulate (though not prohibit) non-Indian fishing and hunting, and the Supreme Court granted certiorari.

IssueFree

Whether an Indian tribe possesses inherent sovereign authority to regulate hunting and fishing by non-Indian fee owners on reservation land.

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