hagen
utah
argued
november
decided
february
petitioner
indian
charged
utah
state
distribution
controlled
substance
town
myton
lies
within
original
boundaries
uintah
indian
reservation
land
opened
settlement
trial
rejected
petitioner
claim
lacked
jurisdiction
indian
crime
committed
indian
country
see
federal
jurisdiction
exclusive
state
appellate
relying
ute
indian
tribe
state
utah
cert
denied
agreed
petitioner
contentions
vacated
conviction
utah
reversed
reinstated
conviction
ruling
congress
diminished
reservation
opening
myton
outside
boundaries
thus
petitioner
offense
subject
state
criminal
jurisdiction
see
solem
bartlett
jurisdiction
opened
lands
applicable
surplus
land
act
freed
land
reservation
status
thereby
diminished
reservation
boundaries
held
uintah
reservation
diminished
congress
town
myton
indian
country
utah
courts
properly
exercised
criminal
jurisdiction
petitioner
pp
declines
consider
whether
state
utah
party
tenth
circuit
proceedings
ute
indian
tribe
collaterally
estopped
relitigating
reservation
boundaries
argument
properly
presented
petition
writ
certiorari
expressly
disavowed
petitioner
response
amicus
brief
pp
page
ii
traditional
approach
set
forth
solem
bartlett
supra
cases
whether
given
surplus
land
act
diminished
reservation
depends
circumstances
including
statutory
language
used
open
indian
lands
contemporaneous
understanding
particular
act
identity
persons
actually
moved
onto
opened
lands
first
probative
factors
statutory
language
must
establish
express
congressional
purpose
diminish
particular
form
words
prerequisite
finding
diminishment
moreover
although
provision
sum
certain
payment
indians
coupled
statutory
expression
intent
certainly
provide
additional
evidence
diminishment
lack
provision
lead
contrary
conclusion
throughout
diminishment
inquiry
ambiguities
resolved
favor
indians
diminishment
lightly
found
pp
operative
language
act
may
ch
stat
provided
allotments
uintah
reservation
land
indians
unallotted
lands
within
said
reservation
shall
restored
public
domain
emphasis
added
evidences
congressional
purpose
terminate
reservation
status
see
seymour
superintendent
solem
supra
distinguished
contrary
petitioner
argument
baseline
intent
diminish
changed
act
march
ch
stat
language
statute
demonstrates
congress
clearly
viewed
act
basic
legislation
upon
act
intervening
statutes
built
furthermore
structure
statutes
contain
complementary
nonduplicative
essential
provisions
requires
acts
read
together
finally
general
rule
repeals
implication
disfavored
especially
strong
act
expressly
repealed
provision
intervening
statute
passed
congress
meant
repeal
part
previous
statute
easily
done
pp
historical
evidence
including
letters
statements
interior
department
officials
congressional
bills
statements
members
congress
text
presidential
proclamation
actually
opened
uintah
reservation
settlement
clearly
indicates
contemporaneous
understanding
reservation
diminished
opening
unallotted
lands
conclusion
altered
inconsistent
references
reservation
past
present
tenses
legislative
record
must
viewed
page
iii
merely
passing
references
text
deliberate
conclusions
congressional
intent
pp
practical
acknowledgment
reservation
diminished
demonstrated
current
population
situation
uintah
valley
approximately
percent
opened
lands
percent
area
largest
city
fact
seat
local
tribal
government
indian
trust
lands
opened
lands
state
utah
assumption
jurisdiction
opened
lands
tenth
circuit
decided
ute
indian
tribe
contrary
conclusion
seriously
disrupt
justifiable
expectations
people
living
area
pp
delivered
opinion
rehnquist
stevens
scalia
kennedy
thomas
ginsburg
joined
blackmun
filed
dissenting
opinion
souter
joined
hagen
utah
justice
delivered
opinion
case
decide
whether
uintah
indian
reservation
diminished
congress
opened
settlers
turn
century
reservation
diminished
town
myton
utah
lies
opened
lands
within
historical
boundaries
reservation
indian
country
see
utah
state
courts
properly
exercised
criminal
jurisdiction
petitioner
indian
committed
crime
myton
october
president
lincoln
reserved
million
acres
land
territory
utah
indian
settlement
executive
order
reprinted
kappler
indian
affairs
laws
treaties
congress
confirmed
president
action
creating
uintah
valley
reservation
act
may
ch
stat
according
act
lands
set
apart
permanent
settlement
exclusive
occupation
different
tribes
indians
said
territory
may
induced
inhabit
ibid
ute
indian
tribe
includes
descendants
indians
settled
uintah
reservation
latter
part
century
federal
indian
hagen
utah
policy
changed
see
cohen
handbook
federal
indian
law
indians
longer
inhabit
communally
owned
reservations
instead
given
individual
parcels
land
remaining
lands
opened
settlement
general
allotment
act
act
ch
stat
granted
president
authority
allot
portions
reservation
land
tribal
members
tribal
consent
sell
surplus
lands
settlers
proceeds
sales
dedicated
indians
benefit
decoteau
district
county
pursuant
general
allotment
act
congress
directed
president
appoint
commission
negotiate
indians
allotment
uintah
reservation
lands
relinquishment
unallotted
lands
act
ch
stat
effort
succeed
congress
directed
president
appoint
another
commission
negotiate
agreement
allotment
uintah
reservation
lands
cession
unallotted
lands
act
june
ch
stat
indians
resisted
efforts
well
series
bills
opened
reservation
unilaterally
without
consent
indians
subsequently
introduced
senate
enacted
law
see
leasing
indian
lands
hearings
senate
committee
indian
affairs
doc
congress
passed
act
provided
majority
adult
male
members
uintah
white
river
indians
consented
secretary
interior
make
allotments
october
uintah
reservation
act
may
ch
hagen
utah
stat
allotments
act
acres
head
family
acres
member
tribes
act
also
provided
deadline
allotments
passed
unallotted
lands
within
said
reservation
shall
restored
public
domain
subject
homesteading
per
acre
ibid
proceeds
sale
lands
restored
public
domain
used
benefit
indians
month
passage
act
congress
directed
secretary
interior
set
apart
sufficient
land
serve
grazing
needs
indians
remaining
reservation
hagen
utah
sess
stat
resolution
clarified
appropriated
act
paid
indians
without
awaiting
action
upon
proposed
allotment
severalty
lands
reservation
restoration
surplus
lands
public
domain
january
held
congress
unilaterally
alter
reservation
boundaries
lone
wolf
hitchcock
march
congress
directed
secretary
allot
uintah
lands
unilaterally
indians
give
consent
june
year
deferred
opening
unallotted
lands
provided
act
october
act
march
ch
stat
act
also
specified
grazing
hagen
utah
lands
specified
joint
resolution
limited
acres
south
strawberry
river
congress
passed
another
statute
appropriated
additional
funds
carry
purposes
act
deferred
opening
date
provided
acts
march
act
april
ch
stat
congress
deferred
opening
date
time
september
unless
president
establish
earlier
date
act
march
hagen
utah
ch
stat
act
repealed
provision
act
limiting
grazing
lands
areas
south
strawberry
river
act
provided
manner
opening
reservation
lands
hagen
utah
settlement
entry
disposing
shall
follows
said
unallotted
lands
shall
disposed
general
provisions
homestead
laws
shall
opened
settlement
entry
proclamation
president
proclamation
shall
prescribe
manner
lands
may
settled
upon
occupied
entered
persons
entitled
make
entry
thereof
stat
government
failed
obtain
consent
indians
july
president
roosevelt
issued
following
proclamation
whereas
provided
act
among
things
october
first
unallotted
lands
uintah
indian
reservation
state
utah
shall
restored
public
domain
provided
persons
entering
said
lands
homestead
laws
shall
pay
therefor
rate
per
acre
whereas
time
opening
said
unallotted
lands
extended
october
act
extended
march
act
extended
later
september
act
last
named
act
provided
among
things
said
unallotted
lands
shall
disposed
general
provisions
homestead
laws
therefore
theodore
roosevelt
president
hagen
utah
america
virtue
power
vested
said
acts
congress
hereby
declare
make
known
unallotted
lands
said
reservation
day
august
manner
hereinafter
prescribed
otherwise
opened
entry
settlement
disposition
general
provisions
homestead
laws
stat
ii
petitioner
charged
utah
state
distribution
controlled
substance
offense
occurred
town
myton
established
within
original
boundaries
uintah
indian
reservation
reservation
opened
settlement
petitioner
initially
pleaded
guilty
subsequently
filed
motion
withdraw
guilty
plea
basis
motion
utah
state
courts
lacked
jurisdiction
petitioner
indian
crime
committed
indian
country
trial
denied
motion
finding
petitioner
indian
state
appellate
reversed
concluded
petitioner
indian
determination
issue
also
held
myton
indian
country
relying
ute
indian
tribe
state
utah
en
banc
cert
denied
tenth
circuit
held
uintah
indian
reservation
diminished
opened
settlement
congress
granted
criminal
jurisdiction
state
utah
try
crimes
committed
indians
indian
country
cf
negonsott
samuels
hagen
utah
washington
confederated
bands
tribes
yakima
nation
appellate
held
state
courts
lacked
jurisdiction
petitioner
accordingly
vacated
petitioner
conviction
utah
reversed
authority
state
perank
held
day
decision
petitioner
case
reservation
diminished
myton
outside
boundaries
thus
petitioner
offense
subject
state
criminal
jurisdiction
see
solem
bartlett
doctrinal
matter
jurisdiction
unallotted
opened
lands
applicable
surplus
land
act
freed
land
reservation
status
thereby
diminished
reservation
boundaries
accordingly
reinstated
petitioner
conviction
granted
certiorari
resolve
direct
conflict
decisions
tenth
circuit
utah
question
whether
uintah
reservation
diminished
iii
first
address
threshold
question
whether
state
utah
party
tenth
circuit
proceedings
collaterally
estopped
relitigating
reservation
boundaries
perank
utah
noted
neither
perank
department
justice
tribe
suggests
tenth
circuit
en
banc
decision
ute
indian
tribe
res
judicata
effect
case
es
judicata
affirmative
defense
criminal
civil
cases
therefore
waivable
went
consider
merits
state
claim
petitioner
recourse
attack
hagen
utah
judgment
perank
ground
utah
failed
give
effect
sua
sponte
prior
determination
ute
indian
tribe
reservation
diminished
although
issue
one
federal
law
see
restatement
second
judgments
presented
petition
writ
certiorari
therefore
properly
us
yee
escondido
see
izumi
seimitsu
kogyo
kabushiki
kaisha
philips
per
curiam
moreover
petitioner
disavowed
collateral
estoppel
argument
petition
stage
response
brief
filed
ute
indian
tribe
question
presented
petition
whether
reservation
diminished
acts
congress
rule
appear
allow
different
issues
raised
ute
indian
tribe
argues
state
utah
reached
different
decision
perank
based
doctrine
collateral
estoppel
regardless
opinion
held
ute
indian
tribe
perank
decision
decision
made
controlling
petitioner
case
supplemental
brief
petitioner
filed
emphasis
added
iv
solem
bartlett
recognized
settled
law
surplus
land
acts
diminished
reservations
see
rosebud
sioux
tribe
kneip
decoteau
district
county
hagen
utah
surplus
land
acts
see
mattz
arnett
seymour
superintendent
effect
given
surplus
land
act
depends
language
act
circumstances
underlying
passage
solicitor
general
appearing
amicus
support
petitioner
argues
cases
establish
clear
statement
rule
pursuant
finding
diminishment
require
explicit
language
cession
language
evidencing
surrender
tribal
interests
unconditional
commitment
congress
compensate
indians
see
brief
hagen
utah
amicus
curiae
disagree
first
although
statutory
language
must
establis
express
congressional
purpose
diminish
solem
never
required
particular
form
words
finding
diminishment
see
rosebud
sioux
tribe
kneip
second
noted
solem
statutory
expression
congressional
intent
diminish
coupled
provision
sum
certain
payment
establish
nearly
conclusive
presumption
reservation
diminished
provision
definite
payment
certainly
provide
additional
evidence
diminishment
lack
provision
lead
contrary
conclusion
fact
statute
issue
rosebud
held
effected
diminishment
provide
payment
sum
certain
indians
see
thus
decline
abandon
traditional
approach
diminishment
cases
requires
us
examine
circumstances
surrounding
opening
reservation
operative
language
act
provided
allocations
reservation
land
indians
unallotted
lands
within
said
reservation
shall
restored
public
domain
stat
emphasis
added
public
domain
land
owned
government
mostly
west
available
sale
entry
settlement
homestead
laws
disposition
general
body
land
laws
peffer
closing
public
domain
rom
early
period
history
government
practice
president
order
time
time
parcels
land
belonging
reserved
sale
set
apart
public
uses
grisar
mcdowell
wall
hagen
utah
power
reservation
exercised
various
purposes
including
indian
settlement
bird
preservation
military
installations
appeared
public
interest
served
withdrawing
reserving
parts
public
domain
midwest
oil
follows
lands
reserved
restored
public
domain
opened
sale
settlement
previous
public
use
extinguished
see
sioux
tribe
president
ordered
lands
previously
reserved
indian
use
restored
public
domain
longer
needed
purpose
withdrawn
sale
settlement
pelican
statutes
period
indicate
congress
considered
indian
reservations
separate
public
domain
see
act
june
stat
criminalizing
forest
fires
started
upon
public
domain
upon
indian
reservation
quoted
alford
likewise
decoteau
emphasized
distinction
reservation
public
domain
lands
lands
ceded
agreements
returned
public
domain
stripped
reservation
status
hardly
questioned
sponsors
legislation
stated
repeatedly
ratified
agreements
return
ceded
lands
public
domain
emphasis
added
solem
held
act
authorized
secretary
interior
sell
dispose
unallotted
reservation
lands
merely
opened
reservation
settlement
diminish
elsewhere
statute
congress
granted
indians
permission
harvest
timber
opened
lands
long
lands
hagen
utah
remain
part
public
domain
recognized
reference
public
domain
support
ed
view
reservation
diminished
hardly
dispositive
noted
even
without
diminishment
unallotted
opened
lands
conceived
public
domain
inasmuch
available
settlement
act
solem
however
restore
lands
public
domain
importantly
reference
public
domain
appear
operative
language
statute
opening
reservation
lands
settlement
relevant
point
reference
diminishment
inquiry
cases
considering
operative
language
restoration
uniformly
equated
congressional
purpose
terminate
reservation
status
seymour
superintendent
example
question
whether
colville
reservation
state
washington
diminished
noted
act
vacated
restored
public
domain
reservation
lands
diminished
reservation
half
half
congress
provided
allotments
indians
followed
sale
mineral
lands
entry
onto
surplus
lands
homestead
laws
held
act
result
diminishment
nowhere
act
found
language
similar
act
expressly
vacating
south
half
reservation
restoring
land
public
domain
subsequently
characterized
act
issue
seymour
example
congress
using
clear
language
express
termination
result
desired
mattz
rosebud
nine
justices
agreed
statute
restored
public
domain
portions
reservation
hagen
utah
result
diminishment
marshall
dissenting
light
precedents
hold
restoration
unallotted
reservation
lands
public
domain
evidences
congressional
intent
respect
lands
inconsistent
continuation
reservation
status
thus
existence
language
operative
section
surplus
land
act
indicates
act
diminished
reservation
indeed
found
one
case
federal
appeals
decided
statutory
restoration
language
terminate
reservation
ute
indian
tribe
conclusion
tenth
circuit
since
disavowed
unexamined
unsupported
pittsburgh
midway
coal
mining
yazzie
cert
denied
ute
indian
tribe
litigation
tenth
circuit
every
decided
unallotted
lands
restored
public
domain
pursuant
terms
act
act
simply
extending
time
opening
providing
details
hanson
boss
utah
uintah
white
river
bands
ute
indians
sowards
meagher
utah
petitioner
argues
however
act
changed
manner
lands
opened
act
specified
homestead
laws
apply
superseded
restore
public
domain
language
act
language
repeated
act
disagree
baseline
intent
diminish
reservation
expressed
act
survived
passage
act
every
congressional
action
subsequent
act
referred
statute
joint
resolution
hagen
utah
provided
appropriation
prior
restoration
surplus
reservation
lands
public
domain
stat
acts
simply
extended
deadline
opening
reservations
order
allow
time
surveying
lands
purposes
act
carried
stat
stat
act
recognized
tied
together
provided
proceeds
sale
unallotted
lands
shall
applied
provided
act
acts
amendatory
thereof
supplementary
thereto
stat
congress
passed
act
clearly
viewed
statute
basic
legislation
upon
subsequent
acts
built
furthermore
structure
statutes
requires
act
act
read
together
whereas
act
provided
disposition
unallotted
lands
act
provided
allotments
indians
act
also
established
price
unallotted
lands
sold
done
proceeds
sales
act
repeat
essential
features
opening
already
spelled
act
two
statutes
well
came
must
therefore
read
together
finally
general
rule
repeals
implication
disfavored
especially
strong
case
act
expressly
repealed
provision
act
concerning
siting
grazing
lands
congress
meant
repeal
part
previous
statute
easily
done
furthermore
predicate
finding
implied
repeal
present
case
opening
provisions
two
statutes
inconsistent
act
also
provided
unallotted
lands
restored
public
domain
sold
pursuant
homestead
laws
hagen
utah
surplus
land
acts
held
effected
diminishment
similarly
provided
initial
entry
homestead
laws
see
rosebud
decoteau
contemporary
historical
evidence
supports
conclusion
congress
intended
diminish
uintah
reservation
noted
plain
language
act
demonstrated
congressional
purpose
diminish
uintah
reservation
act
however
consent
indians
required
reservation
diminished
consent
withheld
indians
living
reservation
lone
wolf
decision
congress
authorized
secretary
interior
proceed
unilaterally
acting
commissioner
indian
affairs
department
interior
directed
indian
inspector
james
mclaughlin
travel
uintah
reservation
endeavor
obtain
indians
consent
allotment
lands
provided
law
restoration
surplus
lands
letter
tonner
james
mclaughlin
april
reprinted
doc
acting
commissioner
noted
however
effect
act
indians
consent
allotments
first
june
next
allotments
made
notwithstanding
unallotted
lands
opened
entry
according
terms
act
inspector
mclaughlin
explained
effect
recent
developments
indians
living
reservation
decision
congress
legal
right
legislate
regard
indian
lands
congress
enacted
law
hagen
utah
requires
take
allotments
say
reservation
boundary
line
heavy
reservation
nailed
upon
border
true
applying
past
many
years
congress
provided
legislation
pull
nails
hold
line
next
year
outside
boundary
line
reservation
minutes
councils
held
james
mclaughlin
indian
inspector
uintah
white
river
ute
indians
uintah
agency
utah
may
may
excerpted
app
brief
respondent
emphasis
added
secretary
interior
informed
congress
february
necessary
surveying
completed
date
set
opening
requested
opening
delayed
letter
hitchcock
chairman
senate
committee
indian
affairs
reprinted
supra
act
congress
accordingly
extended
time
opening
march
appropriated
additional
funds
enable
secretary
interior
necessary
surveying
reservation
lands
stat
secretary
interior
subsequently
informed
congress
extension
necessary
surveying
allotments
completed
winter
letter
hitchcock
chairman
house
committee
indian
affairs
reprinted
supra
house
representatives
took
matter
hagen
utah
january
bill
debate
held
provided
much
said
lands
provisions
said
acts
restored
public
domain
shall
open
settlement
entry
proclamation
president
proclamation
shall
prescribe
manner
lands
may
settled
upon
occupied
entered
quoted
representative
howell
utah
offered
amendment
hat
one
year
immediately
following
restoration
said
lands
public
domain
said
lands
shall
subject
entry
homestead
mining
laws
ibid
significantly
representative
howell
offered
amendment
addition
replacement
language
bill
explicitly
referred
lands
restoration
public
domain
explained
pending
bill
lands
restored
public
domain
subject
entry
general
land
laws
coupled
rules
regulations
president
may
prescribe
humble
judgment
provision
embodied
amendment
limiting
lands
reservation
entry
homestead
mining
laws
alone
one
year
date
opening
congress
see
time
lands
easy
access
reclamation
irrigation
settled
actual
home
makers
provisions
homestead
law
alone
shall
prevail
policy
accord
dominant
sentiment
time
public
lands
shall
reserved
actual
homes
people
hagen
utah
proclamation
whereby
president
roosevelt
actually
opened
reservation
settlement
makes
clear
act
repeal
restoration
language
act
document
president
stated
act
provided
unallotted
lands
restored
public
domain
acts
extended
time
opening
lands
opened
settlement
homestead
laws
virtue
power
vested
said
acts
congress
stat
emphasis
added
president
roosevelt
thus
clearly
understood
act
incorporate
act
specifically
restoration
language
unambiguous
contemporaneous
statement
nation
chief
executive
rosebud
clear
evidence
understanding
time
uintah
reservation
diminished
opening
unallotted
lands
settlement
subsequent
history
less
illuminating
contemporaneous
evidence
since
congress
hagen
utah
repeatedly
referred
uintah
reservation
past
present
tenses
reinforcing
longstanding
observation
views
subsequent
congress
form
hazardous
basis
inferring
intent
earlier
one
philadelphia
national
bank
internal
quotation
marks
omitted
district
ute
indian
tribe
case
extensively
cataloged
congressional
references
agree
conclusion
references
grossly
inconsistent
considered
together
merely
passing
references
text
deliberate
expressions
informal
conclusions
congressional
intent
utah
textual
contemporaneous
evidence
diminishment
clear
however
confusion
subsequent
legislative
record
nothing
alter
conclusion
uintah
reservation
diminished
finally
conclusion
statutory
language
history
indicate
congressional
intent
diminish
controverted
subsequent
demographics
uintah
valley
area
recognized
hen
area
predominantly
populated
surviving
pockets
indian
allotments
finding
land
remains
indian
country
seriously
burdens
administration
state
local
governments
solem
original
million
acres
reserved
indian
occupation
approximately
opened
settlement
almost
live
opened
lands
current
population
area
approximately
percent
census
population
housing
summary
population
housing
characteristics
utah
table
population
largest
city
hagen
utah
area
roosevelt
city
named
president
opened
reservation
settlement
percent
id
table
seat
ute
tribal
government
fort
duchesne
situated
indian
trust
lands
contrast
found
significant
solem
seat
tribal
government
located
opened
lands
state
utah
exercised
jurisdiction
opened
lands
time
reservation
opened
tenth
circuit
ute
indian
tribe
decision
assumption
authority
stands
sharp
contrast
situation
solem
tribal
authorities
bureau
indian
affairs
personnel
took
primary
responsibility
policing
opened
lands
years
following
opening
jurisdictional
history
well
current
population
situation
uintah
valley
demonstrates
practical
acknowledgment
reservation
diminished
contrary
conclusion
seriously
disrupt
justifiable
expectations
people
living
area
cf
rosebud
conclude
uintah
indian
reservation
diminished
congress
accordingly
town
myton
petitioner
committed
crime
indian
country
utah
courts
properly
exercised
criminal
jurisdiction
therefore
affirm
judgment
utah
ordered
footnotes
secretary
interior
consent
thereto
majority
adult
male
indians
uintah
white
river
tribes
ute
indians
ascertained
soon
practicable
inspector
shall
cause
allotted
head
family
eighty
acres
agricultural
land
irrigated
forty
acres
land
member
said
tribes
said
allotments
made
prior
october
first
nineteen
hundred
three
date
unallotted
lands
within
said
reservation
shall
restored
public
domain
provided
persons
entering
said
land
homestead
law
shall
pay
therefor
rate
one
dollar
cents
per
acre
provided
proceeds
sale
lands
restored
public
domain
shall
applied
first
reimbursement
moneys
advanced
said
indians
carry
effect
foregoing
provisions
remainder
direction
secretary
interior
shall
used
benefit
said
indians
sum
seventy
thousand
dollars
cents
hereby
appropriated
moneys
treasury
otherwise
appropriated
paid
uintah
white
river
tribes
ute
indians
direction
secretary
interior
whenever
majority
adult
male
indians
said
tribes
shall
consented
allotment
lands
restoration
unallotted
lands
within
said
reservation
herein
provided
stat
joint
resolution
provided
relevant
part
addition
allotments
severalty
uintah
white
river
utes
uintah
indian
reservation
state
utah
secretary
interior
shall
said
lands
opened
disposition
public
land
law
select
set
apart
use
common
indians
reservation
amount
nonirrigable
grazing
lands
therein
one
places
subserve
reasonable
requirements
said
indians
grazing
live
stock
item
seventy
thousand
dollars
cents
appropriated
act
hereby
supplemented
modified
paid
uintah
white
river
tribes
ute
indians
satisfaction
certain
claims
named
said
act
shall
paid
indians
entitled
thereto
without
awaiting
action
upon
proposed
allotment
severalty
lands
reservation
restoration
surplus
lands
public
domain
stat
act
provided
relevant
part
money
hereby
appropriated
enable
secretary
interior
necessary
surveying
otherwise
carry
purposes
much
act
may
nineteen
hundred
two
provides
allotment
uintah
white
river
utes
utah
provided
however
hagen
utah
secretary
interior
shall
forthwith
send
inspector
obtain
consent
uintah
white
river
ute
indians
allotment
lands
directed
act
may
nineteen
hundred
two
consent
therein
provided
obtained
june
first
nineteen
hundred
three
secretary
interior
shall
cause
allotted
said
uintah
white
river
ute
indians
quantity
character
land
named
described
said
act
provided
grazing
lands
set
apart
use
uintah
white
river
utes
indians
provided
public
resolution
numbered
june
nineteenth
nineteen
hundred
two
confined
lands
south
strawberry
river
said
uintah
reservation
shall
exceed
two
hundred
fifty
thousand
acres
provided
time
opening
unallotted
lands
public
entry
said
uintah
reservation
provided
act
may
nineteen
hundred
two
hereby
extended
october
first
nineteen
hundred
four
stat
act
provided
relevant
part
time
opening
unallotted
lands
public
entry
uintah
reservation
utah
provided
acts
may
nineteen
hundred
two
march
third
nineteen
hundred
three
hereby
extended
march
tenth
nineteen
hundred
five
five
thousand
dollars
hereby
appropriated
enable
secretary
interior
necessary
surveying
otherwise
carry
purposes
much
act
may
nineteen
hundred
two
provides
allotment
indians
uintah
white
river
utes
utah
stat
act
provided
relevant
part
much
act
march
third
nineteen
hundred
three
provides
grazing
lands
set
apart
use
uintah
white
river
utes
indians
uintah
reservation
provided
public
resolution
numbered
june
nineteenth
nineteen
hundred
two
shall
confined
lands
south
strawberry
river
hereby
repealed
time
opening
public
entry
unallotted
lands
uintah
reservation
utah
fixed
law
tenth
day
march
nineteen
hundred
five
hereby
provided
time
opening
said
reservation
shall
extended
first
september
nineteen
hundred
five
unless
president
shall
determine
may
opened
earlier
date
manner
opening
lands
settlement
entry
disposing
shall
follows
said
unallotted
lands
shall
disposed
general
provisions
homestead
laws
shall
opened
settlement
entry
proclamation
president
proclamation
shall
prescribe
manner
lands
may
settled
upon
occupied
entered
persons
entitled
make
entry
thereof
person
shall
permitted
settle
upon
occupy
enter
said
lands
except
prescribed
said
proclamation
expiration
sixty
days
time
thereby
opened
settlement
entry
provided
lands
opened
settlement
entry
act
remaining
undisposed
expiration
five
years
taking
effect
act
shall
sold
disposed
cash
rules
regulations
prescribed
secretary
interior
six
hundred
forty
acres
one
person
proceeds
sale
lands
shall
applied
provided
act
congress
may
nineteen
hundred
two
acts
amendatory
thereof
supplemental
thereto
stat
hagen
utah
great
nations
like
great
men
keep
word
fpc
tuscarora
indian
nation
black
dissenting
lightly
find
congress
broken
solemn
promises
indian
tribes
relies
single
ambiguous
phrase
act
never
became
effective
deleted
controlling
statute
conclude
congress
must
intended
diminish
uintah
valley
reservation
unable
find
clear
expression
intent
either
operative
statute
surrounding
circumstances
compelled
conclude
original
uintah
valley
reservation
boundaries
remain
intact
two
rules
construction
govern
interpretation
indian
surplus
land
statutes
must
find
clear
unequivocal
evidence
congressional
intent
reduce
reservation
boundaries
ambiguities
must
construed
broadly
favor
indians
congress
alone
hagen
utah
authority
divest
indians
land
see
celestine
congress
must
clearly
evince
intent
change
boundaries
diminishment
found
solem
bartlett
quoting
rosebud
sioux
tribe
kneip
see
also
decoteau
district
county
mattz
arnett
absent
plain
unambiguous
statement
congressional
intent
santa
fe
pacific
find
diminishment
hen
events
surrounding
act
passage
unequivocally
reveal
widely
held
contemporaneous
understanding
congress
purpose
solem
emphasis
added
diminishment
cases
rule
legal
ambiguities
resolved
benefit
indians
also
must
given
broadest
possible
scope
decoteau
see
also
carpenter
shaw
doubtful
expressions
resolved
favor
indians
nice
hagen
utah
celestine
years
applied
canon
areas
indian
law
construe
congressional
ambiguity
silence
treaties
statutes
executive
orders
agreements
indians
benefit
although
majority
purports
apply
canons
principle
see
ante
ignores
practice
resolving
every
ambiguity
statutory
language
legislative
history
surrounding
circumstances
favor
state
imputing
congress
clear
evidence
congressional
intent
exists
intent
diminish
uintah
valley
reservation
hagen
utah
special
canons
construction
particularly
relevant
diminishment
context
allotment
statutes
often
ambiguous
regarding
effect
tribal
jurisdiction
reservation
boundaries
century
land
considered
indian
country
thus
subject
tribal
jurisdiction
whenever
indian
title
extinguished
bates
clark
passing
general
allotment
act
stat
related
statutes
congress
doubt
assumed
tribal
jurisdiction
terminate
sale
indian
lands
reservations
eventually
abolished
see
solem
general
allotment
act
terminate
reservation
system
however
intended
assimilate
indians
transforming
agrarians
opening
lands
see
mattz
goal
allotment
policies
proved
disastrous
failure
congress
reversed
course
passage
indian
reorganization
act
stat
amended
et
hagen
utah
allowed
surplus
opened
indian
lands
restored
tribal
ownership
finally
congress
resolved
ensuing
jurisdictional
conflicts
extending
tribal
jurisdiction
encompass
lands
owned
within
reservation
boundaries
see
act
june
stat
codified
defining
indian
country
including
land
within
limits
indian
reservation
jurisdiction
government
reservation
boundaries
rather
indian
title
thus
became
measure
tribal
jurisdiction
result
patina
history
placed
allotment
acts
presented
questions
architects
foreseen
resolves
resulting
statutory
ambiguities
requiring
clear
evidence
specific
congressional
intent
diminish
reservation
based
language
circumstances
individual
land
act
see
solem
accordingly
statutory
language
alone
sale
settlement
insufficient
establish
diminishment
mere
fact
reservation
opened
settlement
necessarily
mean
opened
area
lost
reservation
status
rosebud
see
also
decoteau
eservation
status
may
survive
mere
opening
reservation
settlement
ome
hagen
utah
surplus
land
acts
diminished
reservations
surplus
land
acts
solem
refused
find
diminishment
based
language
opening
sale
absent
additional
unequivocal
evidence
congressional
intent
reduce
reservation
boundaries
divest
indian
interests
thus
seymour
found
diminishment
statute
providing
settlement
entry
surplus
lands
homestead
laws
mattz
concluded
statute
opening
reservation
subject
settlement
entry
purchase
laws
granting
homestead
rights
alone
recite
even
suggest
congress
intended
thereby
terminate
reservation
recently
solem
unanimously
agreed
statute
authorizing
secretary
interior
sell
dispose
surplus
indian
lands
diminish
reservation
contrast
two
cases
previously
found
diminishment
involved
statutes
underlying
tribal
agreements
cede
sell
relinquish
convey
indians
claim
right
title
interest
unallotted
lands
decoteau
cede
surrender
grant
convey
indians
claim
right
title
interest
defined
portion
reservation
rosebud
held
presence
statutory
language
precisely
suited
diminishment
supported
express
consent
tribes
intent
parties
effect
clear
conveyance
unallotted
lands
evident
decoteau
need
hardly
add
language
hagen
utah
underlying
indian
consent
accompanies
statute
issue
case
ii
majority
opinion
relies
almost
exclusively
fact
act
may
ch
stat
restored
unallotted
lands
public
domain
conclude
uintah
valley
reservation
diminished
agree
ambiguous
phrase
carry
weight
evincing
clear
congressional
purpose
never
authoritatively
defined
public
domain
phrase
official
definition
general
application
public
domain
meant
include
land
owned
government
government
anywhere
omitted
peffer
closing
public
domain
commonly
public
domain
public
lands
defined
lands
subject
sale
disposal
general
land
laws
utah
div
state
lands
quoting
baynard
public
land
law
procedure
see
also
kindred
union
pacific
term
hagen
utah
public
lands
ordinarily
used
designate
lands
subject
sale
disposal
general
laws
union
pacific
harris
newhall
sanger
words
public
lands
habitually
used
describe
subject
sale
disposal
general
laws
nothing
precedents
stating
lands
reserved
public
domain
reserved
sale
grisar
mcdowell
wall
withdrawn
sale
settlement
sioux
tribe
however
demonstrates
restoration
lands
public
domain
inconsistent
continued
reservation
status
ante
indian
land
policies
purchase
generally
enter
lands
reserved
exclusive
use
indian
tribes
indian
reservations
obviously
part
public
domain
extent
reserved
purchase
opening
lands
allotment
acts
hand
necessarily
restored
lands
public
domain
sense
lands
made
available
entry
sale
restoration
lands
public
domain
thus
establishes
lands
opened
access
settlement
purchase
condition
completely
consistent
continued
reservation
status
mattz
recent
diminishment
case
unanimously
rejected
argument
adopted
majority
congress
refer
opened
lands
part
public
domain
lands
lost
vestiges
reservation
status
solem
instead
observed
even
without
diminishment
unallotted
opened
lands
conceived
public
domain
inasmuch
available
settlement
hagen
utah
see
also
whether
surplus
lands
uintah
ouray
reservation
indian
lands
ii
restored
public
domain
method
indicating
lands
subject
disposition
public
land
laws
solem
concerned
allotment
statute
referred
opened
lands
part
public
domain
within
respective
reservations
thus
diminished
refused
infer
diminishment
language
however
finding
considerable
doubt
congress
meant
using
phrases
concluded
balanced
applicable
statute
stated
goal
opening
reservation
sale
two
phrases
carry
burden
establishing
express
congressional
purpose
diminish
majority
focus
fact
public
domain
language
solem
operative
portion
statute
see
ante
ignores
solem
additional
conclusion
public
domain
ambiguous
concept
incompatible
reservation
status
furthermore
fact
public
domain
language
solem
operative
use
word
restored
irrelevant
majority
analysis
since
character
lands
part
public
domain
inconsistent
continued
reservation
status
ante
majority
present
interpretation
opened
lands
part
public
domain
part
reservation
solem
however
concluded
precisely
opposite
hagen
utah
light
unanimous
reasoning
solem
common
interpretation
public
domain
lands
subject
sale
general
laws
kindred
therefore
conclude
isolated
phrase
restored
public
domain
xplicit
reference
cession
language
evidencing
present
total
surrender
tribal
interests
solem
language
bears
relation
plain
unambiguous
language
precedents
require
found
controlling
decoteau
rosebud
restoration
public
domain
simply
allowed
indian
lands
sold
something
repeatedly
said
never
sufficient
establish
intent
diminish
although
relies
negotiation
history
act
act
mar
ch
stat
support
conclusion
nothing
negotiations
ute
indian
tribe
unequivocally
reveal
widely
held
contemporaneous
understanding
uintah
reservation
boundaries
diminished
solem
inspector
james
mclaughlin
negotiated
rosebud
decoteau
agreements
found
contain
express
language
disestablishment
used
comparable
language
instead
mclaughlin
hagen
utah
spoke
largely
terms
opening
reservation
use
indians
similarly
responded
primarily
terms
opening
opposed
proposed
sale
isolates
single
comment
mclaughlin
six
days
negotiations
argue
diminishment
understood
mclaughlin
picturesque
statement
outside
boundary
line
reservation
ante
understood
statement
reservation
abolished
since
uintah
valley
reservation
unquestionably
survived
opening
mclaughlin
discussion
hagen
utah
went
explain
indian
boundary
individual
holdings
minutes
readily
understood
reference
change
title
reservation
lands
clearly
occurred
acts
fact
lands
within
reservation
boundary
open
entry
mclaughlin
statements
immediately
following
passage
strongly
suggest
indian
interests
survived
opening
response
indian
concerns
regarding
lifting
reservation
line
mclaughlin
stated
fear
going
confined
tract
land
allotted
explain
little
clearly
agency
continued
agent
full
jurisdiction
protect
interests
although
discussions
regarding
allotments
concededly
subject
varying
interpretations
none
provides
type
unequivocal
evidence
intent
diminish
boundaries
abolish
indian
interests
require
statutory
intent
diminish
reservation
express
face
negotiations
establish
act
done
open
way
settlers
land
reservation
seymour
moreover
record
contains
evidence
whatsoever
indians
contemporaneous
understanding
regarding
act
march
ch
stat
operative
act
case
negotiations
show
indians
hagen
utah
overwhelmingly
opposed
allotments
six
days
meetings
mclaughlin
ute
tribe
adult
male
utes
agreed
sign
allotment
agreement
see
consent
form
uintah
white
river
utes
may
doc
mclaughlin
reported
ute
indians
unanimously
opposed
opening
reservation
letter
may
mclaughlin
secretary
interior
reprinted
although
lone
wolf
hitchcock
congress
unquestionably
authority
terminate
reservations
unilaterally
relied
heavily
presence
tribal
consent
rosebud
decoteau
find
contemporaneous
intent
diminish
solem
contrast
held
surrounding
circumstances
fail
ed
establish
clear
congressional
purpose
diminish
reservation
act
begin
agreement
indian
tribes
solem
extent
absence
formal
tribal
consent
counseled
finding
diminishment
solem
therefore
ute
indians
persistent
withholding
consent
requires
similar
conclusion
iii
even
act
public
domain
language
express
language
diminishment
conclude
uintah
valley
reservation
diminished
provision
remain
operative
act
latter
act
actually
opened
uintah
valley
reservation
sale
settlement
act
language
face
support
finding
diminishment
act
provided
relevant
part
hagen
utah
time
opening
public
entry
unallotted
lands
uintah
reservation
utah
fixed
law
hereby
provided
time
opening
said
reservation
shall
extended
manner
opening
lands
settlement
entry
disposing
shall
follows
said
unallotted
lands
shall
disposed
general
provisions
homestead
laws
shall
opened
settlement
entry
provided
proceeds
sale
lands
shall
applied
provided
act
congress
may
nineteen
hundred
two
acts
amendatory
thereof
supplemental
thereto
ibid
emphasis
added
part
act
preserve
act
public
domain
provision
contrast
act
april
ch
stat
act
open
lands
provided
act
ibid
passed
expressly
carry
purposes
act
acts
see
stat
stat
face
act
preserved
one
portion
earlier
statute
portion
regarding
payment
proceeds
unallotted
land
sales
provisions
act
unquestionably
superseded
since
act
restricted
settlement
opened
lands
general
provisions
homestead
hagen
utah
laws
stat
rather
general
laws
provided
act
thus
plain
language
act
actually
opened
reservation
restore
unallotted
lands
public
domain
simply
opened
lands
settlement
nothing
case
suggests
act
established
baseline
intent
diminish
reservation
like
confronted
rosebud
case
original
statute
agreement
indians
cede
surrender
grant
convey
interests
designated
lands
unequivocally
demonstrated
collective
intent
diminish
great
sioux
reservation
see
legislative
history
two
subsequent
allotment
statutes
presence
majority
tribal
consent
land
allotments
established
original
intent
diminish
preserved
parties
agreed
later
statutes
must
diminished
reservation
previous
act
see
solem
contrast
act
contains
equivalent
language
diminishment
none
acts
issue
supported
indian
consent
prior
congressional
attempts
open
uintah
valley
reservation
demonstrate
requirement
consent
thereto
majority
adult
male
indians
uintah
white
river
tribes
central
act
stat
congress
enacted
statutes
requiring
indian
consent
open
uintah
valley
reservation
none
acts
became
effective
consent
forthcoming
passage
act
hagen
utah
decision
lone
wolf
congress
dispatched
inspector
mclaughlin
negotiate
allotments
tribe
throughout
period
ute
tribe
resisted
allotments
twice
sending
delegations
washington
voice
opposition
see
ute
indian
tribe
utah
congress
finally
opened
uintah
reservation
settlement
removed
public
domain
language
opening
statute
severely
restricted
access
opened
lands
even
act
contained
hagen
utah
express
language
termination
facts
case
much
closely
mirror
mattz
congress
ultimately
abandoned
prior
attempts
abolish
reservation
favor
simply
opening
lands
entry
settlement
concededly
nothing
act
expressly
repealed
act
public
domain
language
act
construed
either
preserving
provision
replacing
ordinarily
circumstances
canon
repeals
implication
disfavored
might
require
us
construe
later
act
silence
consistent
earlier
statute
see
ante
invocation
canon
however
fails
appreciate
standard
principles
statutory
construction
usual
force
cases
involving
indian
law
montana
blackfeet
tribe
blackfeet
tribe
refused
rely
rule
repeals
implication
circumstances
analogous
presented
case
involved
question
whether
provision
authorizing
tax
tribal
mineral
royalties
remained
force
statute
silent
taxation
question
repealed
prior
inconsistent
provisions
state
argued
statute
neither
expressly
repealed
earlier
taxation
provision
inconsistent
rule
repeals
implication
required
finding
state
taxation
power
remained
intact
rejected
argument
among
things
inconsistent
two
fundamental
canons
indian
law
state
may
tax
indians
congress
clearly
expressed
intent
statutes
construed
liberally
favor
indians
ambiguous
provisions
interpreted
benefit
ibid
cf
carpenter
shaw
choate
trapp
hagen
utah
similar
construction
required
act
purport
fulfill
purposes
act
preserve
public
domain
language
act
instead
simply
opens
lands
settlement
homestead
laws
circumstances
requirements
congressional
intent
must
explicit
ambiguous
provisions
must
construed
favor
indians
compel
resolution
favor
petitioner
hagen
although
canon
construction
license
disregard
clear
expressions
tribal
congressional
intent
decoteau
clear
expression
evident
legislative
history
act
supports
conclusion
congress
materially
altered
operative
language
act
deleting
public
domain
provision
like
act
house
version
bill
provided
hat
much
said
lands
provisions
said
acts
restored
public
domain
shall
open
settlement
entry
general
land
laws
emphasis
added
representative
howell
utah
proposed
amendment
ultimately
adopted
sought
limit
entry
bill
entry
homestead
mining
laws
ibid
howell
proposal
however
referred
public
domain
two
places
much
said
lands
provisions
said
acts
restored
public
domain
shall
open
settlement
entry
proclamation
president
provided
one
year
immediately
following
restoration
said
lands
public
domain
said
lands
shall
hagen
utah
subject
entry
homestead
mining
laws
ibid
emphasis
added
part
hat
time
opening
public
entry
unallotted
lands
fixed
law
hereby
provided
manner
opening
lands
settlement
entry
disposing
shall
follows
said
unallotted
lands
shall
disposed
general
provisions
homestead
laws
emphasis
added
legislative
history
thus
demonstrates
congress
removed
public
domain
language
act
restricted
entry
homestead
laws
although
attempts
dismiss
altered
language
act
evidence
congress
wanted
limit
land
speculation
ante
reasoning
explains
presence
homestead
limitation
explain
congress
simultaneous
deletion
public
domain
language
know
latter
change
made
possibly
congress
thought
language
hagen
utah
substantive
meaning
possibly
deletion
response
indians
continued
withholding
consent
possible
opening
lands
homestead
laws
incompatible
restoration
public
domain
thus
sale
general
laws
see
newhall
sanger
know
however
must
construe
doubt
regarding
congress
intent
indians
benefit
left
without
clear
statement
congressional
intent
alter
reservation
boundaries
necessary
finding
diminishment
solem
president
theodore
roosevelt
proclamation
sheds
competing
light
congress
intent
simply
summarized
language
allotment
statutes
operative
portion
proclamation
declared
unallotted
lands
manner
hereinafter
prescribed
otherwise
opened
entry
settlement
disposition
general
provisions
homestead
laws
stat
thus
crucial
portion
proclamation
lands
actually
opened
restricted
opening
terms
act
furthermore
contemporaneous
presidential
proclamations
regarding
reservation
universally
referred
act
rather
act
opening
authority
see
presidential
proclamation
july
stat
uintah
forest
reserve
proclamation
august
stat
uintah
reservoir
agricultural
lands
proclamation
august
stat
proclamation
august
stat
reservoir
lands
although
contemporary
demographics
historical
exercise
jurisdiction
may
provide
one
additional
clue
congress
expected
opening
reservation
hagen
utah
lands
solem
case
unanimously
agreed
course
limits
far
go
decipher
congress
intention
particular
surplus
land
act
act
legislative
history
fail
provide
substantial
compelling
evidence
congressional
intention
diminish
indian
lands
bound
traditional
solicitude
indian
tribes
rule
diminishment
take
place
old
reservation
boundaries
survived
opening
mattz
arnett
seymour
superintendent
emphasis
added
aside
tangential
relation
historical
congressional
intent
practical
reasons
unwilling
rely
heavily
criteria
history
western
characterized
part
state
attempts
exert
jurisdiction
indian
lands
cf
kagama
indians
owe
allegiance
receive
protection
local
ill
feeling
people
found
often
deadliest
enemies
exercise
state
jurisdiction
uncontested
constitution
ute
indian
tribe
approved
secretary
interior
defines
tribe
jurisdiction
extending
hagen
utah
territory
within
original
confines
uintah
ouray
reservations
quoted
ute
indian
tribe
see
also
ute
law
order
code
set
forth
ute
indian
tribe
two
decades
ago
amicus
roosevelt
city
agreed
limited
exercise
tribal
jurisdiction
within
city
limits
see
memorandum
agreement
roosevelt
city
ute
tribe
cited
ute
indian
tribe
federal
agencies
also
provided
services
indians
residing
disputed
areas
many
years
fact
reviewing
substantial
jurisdictional
contradictions
confusion
record
question
district
ute
indian
tribe
concluded
one
thing
certain
jurisdictional
history
uintah
ouray
reservation
one
unquestioned
exercise
state
authority
iv
one
hundred
thirty
years
ago
congress
designated
uintah
valley
reservation
permanent
settlement
exclusive
occupation
ute
indians
act
may
ch
stat
opening
reservation
constituted
substantial
breach
congress
original
promise
opening
alone
insufficient
extinguish
ute
tribe
jurisdiction
nothing
face
act
surrounding
circumstances
legislative
history
establishes
clear
congressional
purpose
diminish
uintah
reservation
decoteau
appreciate
jurisdiction
often
may
neatly
parsed
among
indian
tribes
inevitable
burden
path
nation
chosen
precedents
lands
petitioner
offense
occurred
indian
country
state
utah
lacked
jurisdiction
try
crime
see
respectfully
dissent
canons
construction
applicable
indian
law
rooted
unique
trust
relationship
indians
hagen
utah
county
oneida
oneida
indian
nation
new
york
indians
unequal
bargaining
power
agreements
negotiated
see
choctaw
nation
jones
meehan
reaties
imposed
upon
indians
choice
consent
consequence
often
held
treaties
indians
must
interpreted
understood
doubtful
expressions
resolved
indians
favor
choctaw
nation
oklahoma
congress
authority
legislate
unilaterally
behalf
indians
derives
presumption
congress
act
benevolence
courts
developed
canons
construction
treaties
federal
action
possible
read
protecting
indian
rights
manner
favorable
indians
cohen
handbook
federal
indian
law
ed
hereinafter
cohen
principle
applied
particular
issue
reservation
termination
require
intent
congress
terminate
clearly
expressed
maxim
ambiguous
provisions
construed
favor
indians
first
articulated
justice
mclean
worcester
georgia
pet
concurring
opinion
language
used
treaties
indians
never
construed
prejudice
see
also
choate
trapp
rule
construction
recognized
without
exception
hundred
years
canon
applied
treaties
statutes
preserve
broad
tribal
water
rights
see
choctaw
nation
oklahoma
winters
hunting
fishing
rights
see
washington
washington
commercial
passenger
fishing
vessel
antoine
washington
menominee
tribe
tulee
washington
alaska
pacific
fisheries
land
rights
see
county
oneida
oneida
indian
nation
new
york
santa
fe
pacific
minnesota
hitchcock
protect
tribes
state
taxation
authority
see
bryan
itasca
county
mcclanahan
arizona
state
tax
squire
capoeman
carpenter
shaw
choate
trapp
kansas
indians
wall
theory
assimilation
used
justify
allotment
legislation
beneficial
indians
proponents
assimilation
policies
maintained
indians
adopted
habits
civilized
life
need
less
land
surplus
available
white
settlers
taking
lands
justified
necessary
progress
civilization
whole
cohen
million
acres
held
exclusively
indians
general
allotment
act
passed
reduced
million
acres
see
prucha
great
father
john
collier
testified
congress
nearly
half
lands
remaining
indian
hands
desert
indians
totally
landless
result
allotment
hearings
house
committee
indian
affairs
see
also
otis
dawes
act
allotment
indian
lands
prucha
ed
discussing
results
allotments
congress
extension
tribal
jurisdiction
reservation
lands
owned
served
pragmatic
ends
existence
nonexistence
indian
reservation
therefore
existence
nonexistence
federal
jurisdiction
depends
upon
ownership
particular
parcels
land
law
enforcement
officers
operating
area
find
necessary
search
tract
books
order
determine
whether
criminal
jurisdiction
particular
offense
state
federal
government
impractical
pattern
checkerboard
jurisdiction
avoided
plain
language
seymour
superintendent
statutes
used
express
language
geographical
hagen
utah
termination
see
stat
smith
river
reservation
hereby
discontinued
stat
reservation
lines
hereby
although
phrase
public
domain
appears
infrequently
precedents
used
interchangeably
references
public
lands
see
midwest
oil
black
law
dictionary
ed
defines
public
domain
water
possession
owned
individually
see
also
public
lands
see
amoco
production
gambell
reject
ing
assertion
phrase
public
lands
precise
meaning
without
reference
definitional
section
context
statute
never
held
isolated
reference
public
domain
sufficient
support
finding
diminishment
every
case
relied
upon
majority
contention
relevant
public
domain
language
accompanied
express
additional
language
demonstrating
intent
see
decoteau
hagen
utah
returned
public
domain
stripped
reservation
status
emphasis
added
three
cases
cited
majority
fact
discuss
statute
stat
see
seymour
vacated
restored
public
domain
emphasis
added
mattz
pelican
negotiating
agreement
example
mclaughlin
explained
rosebud
sioux
indians
cession
gregory
county
ratification
agreement
leave
hagen
utah
reservation
compact
almost
square
tract
size
area
pine
ridge
reservation
rosebud
see
minutes
council
meetings
inspector
james
mclaughlin
ute
indians
may
app
brief
duschesne
county
utah
amicus
curiae
hereinafter
minutes
taken
allotments
remaining
land
opened
settlement
surplus
lands
opened
settlement
certainly
sun
rises
tomorrow
reservation
opened
say
whether
reservation
opened
lose
sight
fact
reservation
opened
reservation
certainly
opened
see
put
us
reservation
open
president
made
reservation
indians
opened
want
talk
us
opening
reservation
want
reservation
opened
want
white
people
coming
among
us
want
reservation
thrown
open
ibid
hey
told
us
land
always
never
opened
going
talk
opening
reservation
ibid
want
reservation
thrown
open
reservation
want
land
thrown
open
indians
want
reservation
opened
indian
appropriations
act
ch
stat
authorized
commission
allot
uncompahgre
reservation
unilaterally
required
commission
negotiate
treat
uintah
valley
reservation
indians
hagen
utah
relinquishment
lands
possible
procure
consent
allotments
see
stat
house
report
explained
contrast
uncompahgre
indians
title
lands
occupy
occupied
temporarily
uintah
indians
owners
lands
within
reservation
enabling
act
provided
lands
within
uintah
reservation
set
apart
permanent
settlement
exclusive
occupation
indians
sess
quoting
act
may
ch
stat
order
allot
uintah
reservation
lands
therefore
first
necessary
obtain
consent
indians
residing
thereon
act
june
ch
stat
act
june
ch
stat
also
conditioned
opening
reservation
indian
consent
see
ute
indian
tribe
utah
utah
discussing
efforts
open
uintah
reservation
congress
rebuffed
subsequent
attempts
allot
reservation
unilaterally
see
sess
proposal
sutherland
utah
sever
large
portions
reservation
see
sess
reproduced
sess
proposal
rawlins
utah
hearings
regarding
reservation
indian
affairs
commissioner
jones
testified
sort
feeling
among
ignorant
indians
want
lose
land
think
get
agree
got
use
arbitrary
means
open
land
congress
heed
advice
however
required
ute
tribe
consent
act
hagen
utah