plains commerce bank long family land cattle et argued april decided june petitioner plains commerce bank bank bank sold land owned fee simple tribal reservation respondents longs indian couple leasing land option purchase claim bank discriminated selling parcel nonmembers tribe terms favorable bank offered sell couple sued tribal asserting inter alia discrimination claims bank objection tribal concluded jurisdiction proceeded trial jury ruled bank three claims including discrimination claim awarded longs damages plus interest supplemental judgment also gave longs option purchase portion fee land still occupied nullifying bank sale land tribal appeals affirmed bank filed suit federal district contending tribal judgment null void relevant tribal lacked jurisdiction longs discrimination claim district granted longs summary judgment finding tribal jurisdiction proper bank consensual relationship longs company also respondent brought bank within first category tribal civil jurisdiction nonmembers outlined montana eighth circuit affirmed concluding tribe authority regulate business conduct persons voluntarily dealing tribal members including nonmember sale fee land held bank article iii standing pursue challenge respect damages option purchase bank injured fact see lujan defenders wildlife tribal exercise jurisdiction discrimination claim unpersuaded longs claim damages award premised entirely verdict bank challenged rather discrimination claim verdict form allowed jury make damages award finding liability individual claims jury based damages award whole part discrimination finding bank also injured option purchase longs discrimination claim sought deed land relief fact remedial purchase option applied portion total parcel eliminate injury bank obligation sell land longs tribal judgment judgment effectively nullified portion sale third party injuries remedied ruling tribal lacked jurisdiction judgment discrimination claim null void pp tribal jurisdiction adjudicate discrimination claim concerning bank sale fee land pp general rule tribes possess authority come within borders montana restricts tribal authority nonmember activities taking place reservation particularly strong nonmember activity occurs land owned fee simple strate contractors tribal land converted fee simple tribe loses plenary jurisdiction see county yakima confederated tribes bands yakima nation moreover tribe members convey fee land third parties tribe loses former right absolute exclusive use occupation conveyed lands south dakota bourland thus tribe authority regulate use fee land brendale confederated tribes bands yakima nation montana provides two exceptions tribes may exercise civil jurisdiction reservations even fee lands tribe may regulate taxation licensing means activities nonmembers enter consensual relationships tribe members commercial dealing contracts leases arrangements ibid tribe may exercise civil authority conduct fee lands within reservation conduct threatens direct effect political integrity economic security health welfare tribe neither exception authorizes tribal courts exercise jurisdiction longs discrimination claim pp tribal lacks jurisdiction hear claim tribe lacks civil authority regulate bank sale fee land tribe adjudicative jurisdiction exceed legislative jurisdiction strate supra montana permit tribes regulate sale fee land rather permits tribal regulation nonmember conduct inside reservation implicates tribe sovereign interests one exception see brendale supra never upheld montana extension tribal civil authority nonmembers land nevada hicks found montana authorized tribe regulate sale land makes good sense given limited nature tribal sovereignty liberty interests nonmembers tribal sovereign interests confined managing tribal land see worcester georgia pet protecting tribal controlling internal relations see montana supra regulations approved montana flow limited interests see duro reina none interests justified tribal regulation nonmember sale fee land tribe justify regulation sale fee land reference power superintend tribal land fee parcels ceased tribal land regulation fee land sales justified tribe interest protecting internal relations direct harm sustained fee land sale sustained point land passes indian hands resale causes additional damage regulating fee land sales also runs risk subjecting nonmembers tribal regulatory authority without consent bill rights apply tribes nonmembers say laws regulations governing tribal territory tribal laws regulations may applied nonmembers consented tribal authority expressly action even regulation must stem tribe inherent sovereign authority set conditions entry preserve control internal relations reason bank anticipated general business dealings longs permit tribe regulate bank sale land owned fee simple longs attempt salvage position arguing discrimination claim read challenge bank whole course commercial dealings unavailing claims involve bank general dealings discrimination claim discrimination claim tied specifically fee land sale discrimination claim pp second montana exception stems sovereign interests giving rise first also inapplicable conduct covered exception must injure tribe must imperil subsistence tribal community montana land issue owned party least years resale another hardly imperil subsistence welfare tribe ibid pp contrary longs argument bank sought tribal aid serving process longs bank pending eviction action bank consent tribal jurisdiction discrimination claim bank consistently contended tribal lacked jurisdiction reversed roberts delivered opinion scalia kennedy thomas alito joined stevens souter ginsburg breyer joined part ii ginsburg filed opinion concurring part concurring judgment part dissenting part stevens souter breyer joined plains commerce bank petitioner long family land cattle company et al writ certiorari appeals eighth circuit june chief justice roberts delivered opinion case concerns sale fee land tribal reservation bank individuals following sale indian couple customers bank defaulted loans claimed bank discriminated offering land terms favorable bank offered couple sued claim tribal bank contested jurisdiction tribal concluded jurisdiction proceeded hear case ultimately ruled bank awarded indian couple damages right purchase portion fee land question presented whether tribal jurisdiction adjudicate discrimination claim concerning bank sale fee land owned hold long family land cattle company long company company ranching farming operation incorporated laws south dakota lands located cheyenne river sioux indian reservation massive acre affair reservation appreciably diminished congress present consists roughly million acres located dewey ziebach counties south dakota long company respondent along ronnie lila long husband wife together least percent company shares ronnie lila long enrolled members cheyenne river sioux indian tribe longs company customers many years plains commerce bank bank located miles reservation crow flies hoven south dakota bank like long company south dakota corporation ties reservation business dealings tribal members bank made first commercial loan long company series agreements followed part agreements kenneth long ronnie long father mortgaged bank acres fee land owned inside reservation time kenneth long death summer kenneth long company owed bank spring ronnie lila long began negotiating new loan contract bank effort shore company flagging financial fortunes come terms outstanding debts several months parties finally reached agreement december year two agreements precise company bank signed fresh loan contract according kenneth long estate deeded previously mortgaged fee acreage bank lieu foreclosure app return bank agreed cancel company debt make additional operating loans parties also agreed lease arrangement company received lease acres deeded bank option purchase land end term point longs claim bank began treating badly longs say bank initially offered favorable purchase terms lease agreement allegedly proposing sell land back longs contract deed bank eventually rescinded offer longs claim citing jurisdictional might caused bank financing owned entity reservation case came punishing winter longs lost head cattle blizzards season result long company unable exercise option purchase leased acreage lease contract expired nevertheless longs refused vacate property prompting bank initiate eviction proceedings state petition cheyenne river sioux tribal serve longs notice quit meantime bank sold acres fee land owned couple june longs continued occupy parcel land bank sold remaining acres two nonmembers july longs long company filed suit bank tribal seeking injunction prevent eviction property reverse sale land asserted variety claims including breach contract bad faith violation remedies discrimination discrimination claim alleged bank sold land nonmembers terms favorable offered company bank asserted answer lacked jurisdiction also stated counterclaim tribal found jurisdiction denied bank motion summary judgment counterclaim proceeded trial four causes action submitted jury breach contract bad faith violation remedies discrimination jury found longs three four causes including discrimination claim awarded general verdict denying bank motion judgment notwithstanding verdict finding jurisdiction adjudicate longs claims tribal entered judgment awarding longs plus interest later supplemental judgment awarded longs option purchase acres land still occupied terms offered original purchase option effectively nullifying bank previous sale land bank appealed cheyenne river sioux tribal appeals affirmed judgment trial bank filed instant action district district south dakota seeking declaration tribal judgment null void relevant tribal lacked jurisdiction longs discrimination claim district granted summary judgment longs found tribal jurisdiction proper bank entered consensual relationship longs long company supp sd according district relationship brought bank within first category tribal civil jurisdiction nonmembers outlined montana see supp appeals eighth circuit affirmed longs discrimination claim held arose directly preexisting commercial relationship bank bank chose deal longs effectively consented substantive regulation tribe antidiscrimination tort claim another way regulating commercial transactions parties see ibid sum tribe authority regulate business conduct persons voluntarily deal tribal members including nonmember sale fee land ibid granted certiorari reverse ii considering tribal authority adjudicate discrimination claim must first address longs contention bank lacks standing raise jurisdictional challenge first place though longs raised standing argument first time bear independent obligation assure jurisdiction proper proceeding merits see steel citizens better environment begin noting whether tribal adjudicative authority nonmembers federal question see iowa mut ins laplante national farmers union ins crow tribe tribal found lack jurisdiction judgment nonmember necessarily null void longs contest settled principle argue instead bank suffered injury fact required article iii provision see lujan defenders wildlife longs appear recognize argument somewhat counterintuitive concede jury found bank guilty discrimination awarded plus interest longs contend jury damages award fact premised entirely rather discrimination claim bank presently challenge verdict support argument longs point amended complaint tribal complaint comprised nine counts several counts sought damages discrimination count relief discrimination claim longs asked granted possession title land app longs contend damage award therefore nothing discrimination claim result decision finding jurisdiction respect claim claim bank appeals change anything persuaded jury verdict form consisted six special interrogatories covering claim asserted bank another one covering amount damages awarded damages interrogatory specifically allowed jury make award finding liability individual claims answered yes numbers amount damages awarded plaintiffs emphasis added jury found bank three special interrogatories including number discrimination claim bank jurors found intentionally discriminate plaintiffs ronnie lila long jury entered award facts establish jury based damages award whole part finding discrimination addition option purchase longs argue requiring bank void sale nonmembers parcel sell parcel instead constitute tribal actually denied relief longs sought bank discrimination supplemental judgment tribal refused permit longs long company purchase land requested instead granting option purchase acres longs occupied time see supplemental judgment long family land cattle maciejewski app pet cert even partial relief longs insist crafted equitable remedy claim see brief respondents event bank really suffered harm gain much income selling longs selling nonmembers see arguments defeat bank standing longs requested remedy alleged discrimination possession title subject land app received option acquire portion exactly see app pet cert tribal silence supplemental judgment claim exactly option purchase meant remedy immaterial see ibid four claims presented jury discrimination claim sought deed land relief see amended complaint app fact remedial purchase option applied portion total parcel eliminate bank injury bank obligation sell land longs tribal judgment indeed bank already sold acreage third parties tribal judgment effectively nullified portion sale judicially imposed burden certainly qualifies injury standing purposes longs speculation bank make much money selling land selling parcel nonmembers argument entirely beside point adequate injury compelled undo one deed enter another particularly individuals previously defaulted loans respect damages option purchase bank injured tribal exercise jurisdiction discrimination claim injuries remedied ruling favor bank tribal lacked jurisdiction judgment discrimination claim null void ultimate collateral consequence determination whatever may vacatur general damages award vacatur option purchase new trial claims alter fact bank shown injury traceable challenged action likely redressed favorable ruling allen wright bank article iii standing pursue challenge iii nearly two centuries recognized indian tribes distinct independent political communities worcester georgia pet qualified exercise many powers prerogatives see wheeler frequently noted however sovereignty indian tribes retain unique limited character centers land held tribe tribal members within reservation see mazurie tribes retain authority govern members territory subject ultimately congress see also nevada hicks ribes retain sovereign interests activities occur land owned controlled tribe concurring part concurring judgment part residual sovereignty tribes retain power legislate tax activities reservation including certain activities nonmembers see navajo tribe determine tribal membership see santa clara pueblo martinez regulate domestic relations among members see fisher district sixteenth judicial dist per curiam may also exclude outsiders entering tribal land see duro reina tribes general matter possess authority come within borders inherent sovereign powers indian tribe extend activities nonmembers tribe montana explained oliphant suquamish tribe tribes virtue incorporation american republic lost right governing person within limits except emphasis internal quotation marks omitted general rule restricts tribal authority nonmember activities taking place reservation particularly strong nonmember activity occurs land owned fee simple called fee land strate contractors internal quotation marks omitted thanks indian general allotment act stat amended et millions acres fee land located within contiguous borders indian tribes see atkinson trading shirley history general allotment act successor statutes well rehearsed precedents see montana supra county yakima confederated tribes bands yakima nation suffice say effect act convert millions acres formerly tribal land fee simple parcels fully alienable free charge encumbrance whatsoever supp see cohen handbook federal indian law pp ed hereinafter cohen cases made clear tribal land converted fee simple tribe loses plenary jurisdiction see county yakima supra general allotment act permits yakima county impose ad valorem tax fee land located within reservation goudy meath rendering allotted lands alienable general allotment act exposed state assessment forced sale taxes heff fee land subject plenary state jurisdiction upon issuance trust patent superseded burke act stat among powers lost authority prevent land sale see county yakima supra general allotment act granted fee holders power voluntary sale surprisingly free alienability holder core attribute fee simple moynihan introduction law real property ed moreover tribe tribal members convey parcel fee land tribe loses former right absolute exclusive use occupation conveyed lands south dakota bourland emphasis added necessarily entails loss regulatory jurisdiction use land others ibid general rule tribe authority way tribal ordinance actions tribal courts regulate use fee land brendale confederated tribes bands yakima nation opinion white recognized two exceptions principle circumstances tribes may exercise civil jurisdiction reservations even fee lands montana first tribe may regulate taxation licensing means activities nonmembers enter consensual relationships tribe members commercial dealing contracts leases arrangements ibid second tribe may exercise civil authority conduct fee lands within reservation conduct threatens direct effect political integrity economic security health welfare tribe rules become known montana exceptions case elaborated terms exceptions concern regulation activities nonmembers conduct fee land given montana proposition inherent sovereign powers indian tribe extend activities nonmembers tribe atkinson supra quoting montana supra efforts tribe regulate nonmembers especially fee land presumptively invalid atkinson supra burden rests tribe establish one exceptions montana general rule allow extension tribal authority regulate nonmembers fee land atkinson exceptions limited ones construed manner swallow rule severely shrink strate bank contends neither exception authorizes tribal courts exercise jurisdiction longs discrimination claim issue case agree according precedents tribe adjudicative jurisdiction exceed legislative jurisdiction reaffirm principle today hold tribal lacks jurisdiction hear longs discrimination claim tribe lacks civil authority regulate bank sale fee land longs discrimination claim challenges sale fee land despite longs attempt recharacterize claim turning bank alleged failure pay respondents loans promised tribal trust land brief respondents fact longs brought discrimination claim seeking land sales set aside ground sale nonmembers terms favorable bank extended longs violated tribal tort law quoting plaintiffs amended complaint app see also brief amicus curiae discrimination claim thus concerned sale fee parcel bank acquired estate status land relevant insofar bears application montana exceptions case hicks souter concurring acres issue alienated cheyenne river sioux tribal trust converted fee simple parcels part act may stat commonly called allotment act see brief respondents general allotment act provided division tribal land fee simple parcels owned individual tribal members act also mandated allotments held trust owners period years longer president discretion time parcel owners authority sell convey land see supp act released particular indian owners restrictions ahead schedule vesting full fee ownership see stat congress passed indian reorganization act stat et pu end allotment reservation land return allotted land allotment status leaving fully alienable allottees heirs assigns county yakima tribal tort law longs attempting enforce however operates restraint alienation set limits nonmembers may engage commercial transactions transactions specifically nonmembers sale fee lands regulates substantive terms bank able offer fee land sale respondents principal amicus acknowledge tribal tort issue form regulation see brief respondents brief amicus curiae see also riegel medtronic slip argue regulation fully authorized first montana exception mistaken montana permit indian tribes regulate sale fee land montana progeny permit tribal regulation nonmember conduct inside reservation implicates tribe sovereign interests montana expressly limits first exception activities nonmembers allowing regulated extent necessary protect tribal control internal relations see big horn cty elect cooperative adams montana grant tribe unlimited regulatory adjudicative authority nonmember rather montana limits tribal jurisdiction first exception regulation activities nonmembers internal quotations omitted emphasis added cited four cases explanation montana first exception involved regulation activities reservation discernable effect tribe members first concerned tribal jurisdiction contract dispute arising sale merchandise indian reservation see williams lee three involved taxes economic activity nonmembers see washington confederated tribes colville reservation cases tribe significant interest subject matter tribes retain authority tax activities property taking place situated indian lands morris hitchcock upholding tribal taxes nonmembers grazing cattle fee land within tribal territory buster wright creek nation possessed power levy permit tax nonmembers privilege business within reservation cases since montana followed pattern permitting regulation certain forms nonmember conduct tribal land upheld within tribe sovereign authority imposition severance tax natural resources removed nonmembers tribal land see merrion jicarilla apache tribe approved tribal taxes imposed leasehold interests held tribal lands well sales taxes imposed nonmember businesses within reservation see similarly approved licensing requirements hunting fishing tribal land see new mexico mescalero apache tribe tellingly one minor exception never upheld montana extension tribal civil authority nonmembers land hicks supra emphasis added see atkinson tribe may tax nonmember activity fee land strate tribal lacks jurisdiction tort suit involving accident land montana supra tribe authority regulate nonmember hunting fishing fee land exception brendale confederated tribes bands yakima nation even fits general rubric noted case permitted tribe restrain particular uses fee land zoning regulations majority held montana authorize yakima nation impose zoning regulations fee land located area reservation nearly half acreage owned nonmembers opinion white opinion stevens five justices concluded montana permit tribe impose different zoning restrictions nonmember fee land isolated heart closed portion reservation opinion stevens though agree rationale see opinion blackmun whether permitted regulation nonmember activity fee land given case case found montana authorized tribe regulate sale land rather montana cases always concerned nonmember conduct land see hicks montana strate concern tribal authority regulate nonmembers activities fee land emphasis added atkinson conduct nonmembers fee land souter concurring activities nonmembers bourland use land brendale supra use fee land montana supra first exception covers activities nonmembers distinction sale land conduct precedent foregoing cases demonstrate entirely logical given limited nature tribal sovereignty liberty interests nonmembers virtue incorporation tribe sovereign interests confined managing tribal land see worcester persons allowed enter indian land assent tribal members protect ing tribal control ling internal relations see montana supra logic montana certain activities fee land say business enterprise employing tribal members certain uses say commercial development may intrude internal relations tribe threaten tribal extent activities land uses may regulated see hicks supra tribal assertion regulatory authority nonmembers must connected right indians make laws governed put another way certain forms nonmember behavior even fee land may sufficiently affect tribe justify tribal oversight tribes generally interest regulating conduct nonmembers may regulate nonmember behavior implicates tribal governance internal relations regulations approved montana flow directly limited sovereign interests tribe traditional undisputed power exclude persons tribal land duro example gives power set conditions entry land via licensing requirements hunting regulations see bourland supra regulatory authority goes hand hand power exclude much taxation justified similar basis see colville taxing power may exercised nonmembers far nonmembers may accept privileges trade residence taxes may attached conditions quoting powers indian tribes emphasis added power tax certain nonmember activity also justified necessary instrument territorial management merrion insofar taxation enables tribal government raise revenues essential services pay employees provide police protection general carry functions keep peace order ibid justice ginsburg wonders sorts regulations permissible montana regulating sale fee land see post reason regulation sale fee land unlike justified reference tribe sovereign interests definition fee land owned nonmembers already removed tribe immediate control see strate tribes lack power assert fee land landowner right occupy exclude already alienated tribal trust tribe justify regulation land sale reference power superintend tribal land fee parcels ceased tribal land regulation fee land sales justified tribe interests protecting internal relations direct harm political integrity tribe sustains result fee land sale sustained point land passes indian hands point tribe members lose ability use land purposes land sold fee simple passed beyond tribe immediate control mere resale land works additional intrusion tribal relations resale causes additional damage suggest sale land impact tribe uses land put may well change owner owner uses may well affect tribe members cases bear see supra tribe may quite legitimately seek protect members noxious uses threaten tribal welfare security nonmember conduct land key point threat tribe sovereign interests flows changed uses nonmember activities rather mere fact resale tribe able fully vindicate sovereign interests protecting members preserving tribal regulating nonmember activity land within limits set forth cases tribe independent interest restraining alienation land thus authority regulation fee land sale beyond tribe sovereign powers runs risk subjecting nonmembers tribal regulatory authority without commensurate consent tribal sovereignty remembered sovereignty outside basic structure constitution lara kennedy concurring judgment bill rights apply indian tribes see talton mayes indian courts differ traditional american courts number significant respects hicks souter concurring nonmembers part tribal government say laws regulations govern tribal territory consequently laws regulations may fairly imposed nonmembers nonmember consented either expressly actions even regulation must stem tribe inherent sovereign authority set conditions entry preserve tribal control internal relations see montana commenting policy goals congress adopted general allotment act noted simply suggestion history act congress intended settle upon alienated allotted lands subject tribal regulatory authority fact said defies common sense suppose congress meant subject tribal jurisdiction simply virtue nonmember purchase land fee simple ibid congress anticipate tribal jurisdiction run land see reason nonmember think either longs point bank case hardly surprised tribe assertion regulatory power parties business dealings bank lengthy commercial relationships long company brief respondents justice ginsburg echoes point see post emphasized repeatedly context comes tribal regulatory authority penny pound atkinson internal quotation marks omitted bank may reasonably anticipated various commercial dealings longs trigger tribal authority regulate transactions question need decide reason bank anticipated general business dealings respondents permit tribe regulate bank sale land owned fee simple even courts recognized longs discrimination claim novel one arose directly lakota tradition embedded cheyenne river sioux tradition custom including lakota sense justice fair play decency others supp internal quotation marks omitted upshot require bank offer terms sale prospective buyer defaulted several previous transactions bank offered different buyer without history default surely typical regulation whatever bank anticipated whatever consensual relationship may established bank dealing longs jurisdictional consequences relationship extend bank subsequent sale fee land longs acknowledge obliquely critical importance land status emphasize long company operated reservation fee trust lands brief respondents note fee land issue agreement previously belonged tribal member facts however change status land time challenged sale regardless long company operated fee land whose sale longs seek restrain owned bank relevant time indeed owned kenneth long see hicks supra souter concurring land status might well impact one perhaps montana exceptions atkinson supra souter concurring status territory tribal fee land may much likelihood facts exist relevant montana exceptions longs attempt salvage position arguing discrimination claim best read challenge bank whole course commercial dealings longs stretching back decade sale fee land brief respondents argument unavailing longs first point claims involve bank course dealings ibid discrimination claim us claim tied specifically sale fee ibid count six longs amended complaint tribal alleges selling longs land plains commerce bank unfairly discriminated company longs app emphasis added relief longs claimed get possession title land back longs discrimination claim short attempt regulate terms bank may sell land regulation outside scope tribe sovereign authority justice ginsburg asserts federal government every state county municipality make nondiscrimination law governing real property transactions tribes able well post argument completely overlooks reason cases like montana one arise tribal jurisdiction unlike jurisdiction governmental entities cited justice ginsburg generally extend nonmembers see montana supra sovereign authority indian tribes limited ways state federal authority contrary justice ginsburg suggestion bedrock principle vary depending desirability particular regulation montana provides certain circumstances tribes may exercise authority conduct nonmembers even conduct takes place fee land conduct taking place land sale land two different things cheyenne river sioux tribe lost authority restrain sale fee simple parcels inside borders land sold part allotment act nothing montana gives back neither district appeals relied decision second montana exception eighth circuit declined address exception applicability see district strongly suggested passing second exception apply see supp district correct reasons explained second montana exception stems sovereign interests give rise first interests reach regulating sale fee land second exception authorizes tribe exercise civil jurisdiction conduct menaces political integrity economic security health welfare tribe montana conduct must injure tribe must imperil subsistence tribal community ibid one commentator noted th elevated threshold application second montana exception suggests tribal power must necessary avert catastrophic consequences cohen sale formerly fee land third party quite possibly disappointing tribe fairly called catastrophic tribal see strate land question owned party least years brief respondents time project tribal proceeded without interruption land resale another hardly imperil subsistence welfare tribe montana supra accordingly hold second montana exception inapplicable case finally address longs argument bank consented tribal jurisdiction discrimination claim seeking assistance tribal courts serving notice quit brief respondents longs refused vacate land bank initiated eviction proceedings south dakota state bank asked tribal appoint process server able reach longs seeking tribal aid serving process tribal members pending action think constitute consent future litigation tribal notably longs file complaint bank tribal bank promptly contended answer lacked jurisdiction brief amicus curiae circumstances find bank consent litigation conduct tribal jurisdiction longs discrimination claim judgment appeals eighth circuit reversed ordered plains commerce bank petitioner long family land cattle company et al writ certiorari appeals eighth circuit june justice ginsburg justice stevens justice souter justice breyer join concurring part concurring judgment part dissenting part agree petitioner plains commerce bank bank article iii standing contest jurisdiction cheyenne river sioux tribal therefore join part ii opinion take issue jurisdictional ruling insofar relates tribal supplemental judgment judgment tribal ordered bank give ronnie lila long option repurchase fee land bank already contracted sell individuals see app pet cert dissent decision however extent overturns tribal principal judgment awarding longs damages amount plus interest see app judgment disturb bank sale fee land simply responded claim bank commercial dealings longs treated disadvantageously tribal affiliation racial identity claim genre hold one tribal competent adjudicate appeals correctly understood longs case heart sale fee land tribal reservation bank individuals ante rather case power tribe hold nonmembers like bank minimum standard fairness voluntarily deal tribal members case basis discrimination claim longs essentially asserted bank offered terms conditions transactions less favorable terms conditions offered although tribal reinstate longs owners ranch lands family decades hold bank answerable damages law traditional remedy tortious injury longs experienced pathmarking case montana restated absent treaty statute indian tribes generally lack authority regulate activities nonmembers stating general rule montana also identified two exceptions tribe may regulate taxation licensing means activities nonmembers enter consensual relationships tribe members commercial dealing contracts leases arrangements tribe may also retain inherent power exercise civil authority conduct fee lands within reservation conduct threatens direct effect political integrity economic security health welfare tribe citations omitted two exceptions montana explained recognize indian tribes retain inherent sovereign power exercise forms civil jurisdiction reservations even fee lands emphasis added montana specifically addressed regulatory jurisdiction tribes see since clarified tribe authority regulate activity nonmembers tribal courts presumably adjudicatory authority disputes arising activity see strate contractors nonmembers tribe adjudicative jurisdiction coincides legislative jurisdiction view clear case application montana first consensual relationships exception therefore reach longs alternative argument complaint also fits within montana second exception ronnie lila long husband wife owners long family land cattle company long company enrolled members cheyenne river sioux tribe although long company incorporated south dakota enterprise overwhelmingly tribal character interactions bank long company property situated operations enterprise occurred within cheyenne river sioux indian reservation long company articles incorporation required indian ownership majority corporation shares requirement reflected long company status business entity eligible bureau indian affairs bia loan guarantees see cfr requiring least indian ownership loan guarantees among incentives bia offers promote development indian enterprises long company formed take advantage bia incentives history bank commercial dealings long company long family lengthy complex business relationship dates ronnie long parents one member tribe mortgaged acres land bank gain working capital ranch security bank loans years longs mortgaged land personal property bank benefited significantly long company status business entity bia loan guarantees allowed greatly reduce lending risk ibid eventually bank collected bia almost net losses resulting loans longs see supp sd case app discrimination claim issue rests allegedly unfair conditions bank exacted longs sought loans sustain operation ranch following death ronnie father bank longs entered agreement mortgaged land deeded bank exchange bank canceling debt making additional loans keep ranch business longs given lease property option buy land back lease term expired negotiating sessions arrangements held tribe offices facilitated tribal officers bia employees viewing deal given comparative light longs charged bank offered resell ranch land terms less advantageous bank offered similar dealings claim courts prior one found fit within montana exception activities nonmembers enter commercial dealing contracts leases arrangements tribal members cf strate citing williams lee montana exception justifies adjudication claims arising sales transaction nonmember plaintiff member defendants convinced courts got right case bears emphasis involves unwitting outsider forced litigate unfamiliar rules procedures tribal cf nevada hicks souter concurring hardly stranger tribal system bank regularly filed suit forum see brief cheyenne river sioux tribe amicus curiae bank enlisted aid serve notice quit longs connection eviction proceedings bank later filed counterclaim eviction motion summary judgment case longs commenced tribal summary judgment motion bank stated without qualification tribal ha jurisdiction subject matter action app bank wanted avoid responding tribal application tribal law means readily hand bank included forum selection arbitration clauses agreements longs bank drafted see brief respondents ii resolving case ground neither argued addressed holds tribe may impose regulation even nondiscrimination requirement bank dealings tribal members regarding fee lands see ante read montana case instruct find position perplexing first question separation land sales tied lending activities activities nonmembers enter consensual relationships tribe members montana sales land related conduct surely activities within ordinary sense word see county yakima confederated tribes bands yakima nation excise tax remains tax upon indian activity selling land emphasis added cf oxford english dictionary ed defining sale action act selling def second notes absence case nd ing montana authorized tribe regulate sale fee land ante neither held montana prohibits regulation montana later cases intended remove land sales resulting loan transactions entirely tribal governance spoken plainly effect instead montana listed examples consensual relationships tribes might authority regulate commercial dealing contracts leases presumably reference leases includes leases fee land nonmember lease fee land member differentiated montana exception purposes sale land enforcement antidiscrimination command less important tribal dignity cf ante command relates land sales relates commercial relationships nonmembers members iii earlier observed see supra agree tribal authority grant longs option purchase parcel bank contracted sell individuals unaffiliated tribe third parties contracts bank disturbed based montana exception activities nonmembers enter consensual relationships tribe members although tribal overstepped supplemental judgment ordering bank give longs option purchase land third parties contracted buy see app pet cert scarcely follows tribal lacked jurisdiction adjudicate longs discrimination claim order principal judgment see app monetary recognizes bank may reasonably anticipated various commercial dealings longs trigger tribal authority regulate transactions ante today decision furthermore purports leave longs claims untouched ante noting bank presently challenge verdict ante emphasizes nly discrimination claim us claim tied specifically sale fee land ante tribal proper forum longs claim bank broken promise acted deceptively transactions issue one hard put understand tribe likewise enforce courts law commands thou shall discriminate tribal members terms conditions offer transactions federal government every state county municipality make nondiscrimination law governing contracts generally real property transactions particular see tribe lack comparable authority shield members discrimination engaging commercial relationships including lending fighting issue tribal trial eighth circuit underscored whether bank denied longs favorable terms deal solely basis race tribal affiliation longs maintained bank initially offered favorable terms proposing sell mortgaged land back contract deed thereafter bank sent letter ronnie long withdrawing initial offer citing jurisdictional problems posed long company status owned entity reservation quoting letter charles simon vice president bank hoven ronnie long apr app final agreement bank promised financing instead gave longs lease option purchase required large balloon payment within days lease expiration longs unable make required payment within specified deadline bank sold land nonmembers favorable terms complaint longs alleged bank allowed ten years pay land bank permit longs even days pay land uch unfair discrimination bank prevented longs long company buying back land bank app although allegations bank contracts sell nonmembers central longs lawsuit transactions third parties wrong longs complained rather tribal trial observed contracts nonmembers simply supplied evidence bank denied longs privilege contracting deed status tribal members app pet cert emphasis added tribal instructed jury hold bank liable discrimination claim less favorable terms given longs rested solely upon longs race tribal identity internal quotation marks omitted response special interrogatory jury found defendant bank intentionally discriminate plaintiffs ronnie lila long lease option purchase based solely upon status indians tribal members app neither instruction special finding necessitated regulation interference bank sales individuals see ante tellingly bank principal jurisdictional argument bore relationship position embraces bank recognized longs indeed complaining discriminatory conduct familiar sort cf jones alfred mayer bars racial discrimination sale rental property hicks held tribal courts exercise jurisdiction claim arising federal law case relying hicks bank insisted longs discrimination claim heard tribal arose federal antidiscrimination law specifically tribal appeals however held claim arose lakota common law resembled federal state antidiscrimination measures see app pet cert longs requested remedy tribal authority grant namely option repurchase land bank already contracted sell nonmember third parties see supra limitation however affect jurisdiction hear longs discrimination claim award damages claim nature relief available jurisdiction attaches course different question whether jurisdiction adjudicate controversy avco machinists see also davis passman urisdiction question whether federal power hear case relief question various remedies federal may make procedural rules applicable cheyenne river sioux tribal courts federal rules demand one form relief confine trial remedial authority see law order code cheyenne river sioux tribe rule civ proc final judgment shall grant relief party whose favor rendered entitled even relief demanded pleadings fed rule civ proc materially identical lose jurisdiction claim merely lacks authority provide form relief party primarily demands see avco wright miller kane federal practice procedure pp ed type relief requested demand determines whether jurisdiction case authority provide another remedy suffices permit adjudicate merits claim see avco reasons stated leave undisturbed tribal initial judgment see app awarding longs damages prejudgment interest costs redress bank breach contract bad faith discrimination accordingly affirm large part judgment appeals footnotes justice ginsburg questions distinction sales activities ground ales land related conduct surely within ordinary sense word post think distinction readily understandable event question whether sale generic sense action question whether land ownership sale activities within meaning montana cited precedents justice ginsburg contends tribal jurisdiction longs claims hard understand jurisdiction also extend discrimination claim post first said tribal jurisdiction claims question us decline speculate answer moreover claims longs prevailed concern breach loan agreement see app bad faith connection bureau indian affairs loan guarantees see present claim involves substantive regulation sale fee land point relief requested longs partially granted tribal rebut longs contention claim focus sale fee land contrary justice ginsburg assertion however nature remedy drive jurisdictional ruling see post remedy invalid jurisdiction way around footnotes longs joined discrimination claim claims breach contract dealings jury found favor longs three claims app latter claims alleged bank never provided operating loans promised parties negotiations result longs asserted company able sustain ranching operation particularly harsh winter ibid nothing opinion precludes decision claims tribal see ante criticizes tribal requir ing bank offer terms sale prospective buyer defaulted several previous transactions bank offered different buyer without history default ante criticism unfair first record confirm longs riskier buyers nonmembers bank eventually sold land overlooked bank loans longs sheltered bia loan guarantees see supra determination longs encountered intentional discrimination based solely status tribal members way inhibited bank differentiating evenhandedly among borrowers based creditworthiness proscription discrimination simply required bank offer longs terms offered similarly situated types longs discrimination claim ante quoting tribal appeals derived applicable law lakota tradition ante quoting supp sd case concerning content tribe law however appeals drew tribal tradition custom also looked federal state law see app pet cert state courts may draw upon federal law appropriate see dawson birenbaum federal courts may look state law fill gaps see kimbell foods may tribal courts borrow law federal government see cohen handbook federal indian law regard checks discrimination tribal appeals observed direct laudable convergence federal state tribal concern app pet cert case see app complaint avco sought injunctive relief also included residual clause asking relief see avco aero lodge assn mach aerospace workers