montana argued december decided march tribal regulation crow tribe montana sought prohibit hunting fishing within reservation anyone member tribe relying purported ownership bed big horn river treaties created reservation inherent power sovereign tribe claimed authority prohibit hunting fishing nonmembers tribe even lands within reservation owned fee simple montana however continued assert authority regulate hunting fishing within reservation first treaty fort laramie signatory tribes acknowledged various designated lands respective territories specified making treaty tribes surrender privilege hunting fishing passing lands dispute second treaty fort laramie established crow reservation including land big horn river flows provided reservation shall set apart absolute undisturbed use occupation tribe except government agents shall ever permitted pass settle upon reside reservation resolve conflict tribe state proceeding right fiduciary tribe filed present action seeking declaratory judgment quieting title riverbed trustee tribe establishing tribe sole authority regulate hunting fishing within reservation injunction requiring montana secure tribe permission issuing hunting fishing licenses use within reservation district denied relief appeals reversed held bed banks river held trust tribe tribe regulate hunting fishing within reservation nonmembers except hunting fishing fee lands resident nonmember owners lands nonmembers permitted tribe hunt fish within reservation remained subject montana fish game laws held title bed big horn river passed montana upon admission union conveyed beneficial ownership riverbed crow tribe treaties general principle federal government holds lands navigable waters trust future granted enter union strong presumption conveyance lands treaty failed overcome presumption since terms formally convey land indians whatever property rights treaty created language strong enough overcome presumption sovereign conveyance riverbed cf holt state bank moreover situation crow indians time treaties presented public exigency required congress depart policy reserving ownership beds navigable waters future pp although tribe may prohibit regulate hunting fishing nonmembers land belonging tribe held trust tribe power regulate fishing hunting reservation land owned fee nonmembers tribe pp treaty nowhere suggested congress intended grant power tribe treaty obligated prohibit residing passing reservation lands used occupied tribe thereby arguably conferring upon tribe authority control fishing hunting lands authority extend land tribe exercises absolute undisturbed use occupation apply subsequently alienated lands held fee cf puyallup tribe washington game federal trespass statute prohibits trespassing hunt fish augment tribe regulatory powers lands statute limited lands owned indians held trust indians reserved use indians congress deliberately excluded feepatented lands scope pp tribe inherent sovereignty support regulation hunting fishing lands within reservation original incorporation well specific treaties statutes indian tribes lost many attributes sovereignty particularly relations tribe nonmembers tribe wheeler exercise tribal power beyond necessary protect tribal control internal relations inconsistent dependent status tribes survive without express congressional delegation regulation hunting fishing nonmembers tribe lands longer owned tribe bears clear relationship tribal internal relations hunters fishermen fee land enter agreements dealings tribe subject tribal civil jurisdiction nothing suggests hunting fishing threaten tribe political economic security justify tribal regulation pp stewart delivered opinion burger white powell rehnquist stevens joined stevens filed concurring opinion post blackmun filed opinion dissenting part brennan marshall joined post urban roth special assistant attorney general montana argued cause petitioners briefs michael greely attorney general clayton herron woodside wright special assistant attorneys general james seykora douglas freeman deputy solicitor general claiborne argued cause brief solicitor general mccree assistant attorney general moorman harlon dalton robert klarquist steven carroll thomas lynaugh argued cause respondent crow tribe indians brief charles hobbs briefs amici curiae urging reversal filed warren spannaus attorney general james schoessler tom tobin state minnesota et al slade gorton attorney general timothy malone assistant attorney general state washington joined attorneys general respective follows robert corbin arizona robert stephan kansas john ashcroft missouri paul douglas nebraska robert hansen utah paul lenzini international association fish wildlife agencies briefs amici curiae urging affirmance filed robert dellwo coeur tribe indians et al barry ernstoff steven anderson reid peyton chambers carl ullman arthur lazarus confederated tribes colville indian reservation et al brief amici curiae filed officials respective follows david leroy attorney general idaho robie russell phillip rassier steven goddard leslie goddard deputy attorneys general robert corbin attorney general arizona george deukmejian attorney general california connett assistant attorney general thomas miller attorney general iowa robert stephan attorney general kansas richard bryan attorney general nevada jeff bingaman attorney general new mexico allen olson attorney general north dakota mark meirhenry attorney general south dakota robert hansen attorney general utah chauncey browning attorney general west virginia bronson la follette attorney general wisconsin justice stewart delivered opinion case concerns sources scope power indian tribe regulate hunting fishing lands within reservation owned fee simple relying purported ownership bed big horn river treaties created reservation inherent power sovereign crow tribe montana claims authority prohibit hunting fishing nonmembers tribe property within reservation boundaries granted certiorari review decision appeals ninth circuit substantially upheld claim crow indians originated canada three centuries ago migrated southern montana century warfare crows several tribes led tribes sign first treaty fort laramie signatory tribes acknowledged various designated lands respective territories see stat kappler indian affairs laws treaties hereinafter kappler treaty identified approximately million acres crow territory article specified making treaty tribes surrender privilege hunting fishing passing lands dispute second treaty fort laramie established crow reservation roughly million acres including land big horn river flows stat article ii treaty agreed reservation shall set apart absolute undisturbed use occupation crow tribe except agents government shall ever permitted pass settle upon reside reservation several subsequent acts congress reduced reservation slightly fewer million acres see stat stat ch stat ch stat addition general allotment act ch stat crow allotment act stat authorized issuance patents fee individual indian allottees within reservation acts allottee alienate land holding years today roughly percent reservation allotted members tribe held trust percent held trust tribe approximately percent held fee state montana owns fee simple percent reservation less percent since state montana stocked waters reservation fish construction dam made trout fishing big horn river possible reservation also contains game stocked state since crow tribal council passed several resolutions respecting hunting fishing reservation including resolution occasion lawsuit resolution prohibits hunting fishing within reservation anyone member tribe state montana however continued assert authority regulate hunting fishing within reservation october proceeding right fiduciary tribe endeavored resolve conflict tribe state filing present lawsuit plaintiff sought declaratory judgment quieting title bed big horn river trustee tribe declaratory judgment establishing tribe solve authority regulate hunting fishing within reservation injunction requiring montana secure permission tribe issuing hunting fishing licenses use within reservation district denied relief sought supp determining ownership river invoked presumption intend divest sovereign rights navigable waters reasoned holt state bank language circumstances relevant treaties insufficient rebut presumption thus concluded bed banks river remained ownership passed montana admission union dispute regulation hunting fishing found mplicit decision oliphant suquamish indian tribe recognition indian tribes power authority regulate unless granted act congress treaty act congress gave tribe authority regulate hunting fishing held tribe exercise authority except granting withholding authority trespass tribal indian land authority regulate hunting fishing resided concurrently state montana makes federal offense trespass indian land hunt fish without permission appeals reversed judgment district relying opinion finch vacated grounds appellate held pursuant treaty bed banks river held trust tribe relying treaties held tribe regulate hunting fishing within reservation nonmembers although noted tribe impose criminal sanctions nonmembers also held however two allotment acts implicitly deprived tribe authority prohibit hunting fishing fee lands resident nonmember owners lands finally held nonmembers permitted tribe hunt fish within reservation remained subject montana fish game laws ii respondents seek establish substantial part claim power control hunting fishing reservation asking us recognize title bed big horn river question whether conveyed beneficial ownership riverbed crow tribe treaties therefore continues hold land trust use benefit tribe whether retained ownership riverbed public land passed state montana upon admission union choctaw nation oklahoma though owners land riparian nonnavigable streams may adjacent riverbed conveyance land riparian navigable river carries interest riverbed packer bird railroad schurmeir wall rather ownership land navigable waters incident sovereignty martin waddell pet general principle federal government holds lands trust future granted enter union assume sovereignty equal footing established pollard lessee hagan state enters union title land governed state law state power beds navigable waters remains subject one limitation paramount power ensure waters remain free interstate foreign commerce oregon established however congress may sometimes convey lands mark navigable water defeat title new state order perform international obligations effect improvement lands promotion convenience commerce foreign nations among several carry public purposes appropriate objects hold territory shively bowlby holt state bank supra applied principles reject indian tribe claim title bed navigable lake lake lay wholly within boundaries red lake indian reservation created treaties entered minnesota joined union treaties promised set apart withhold sale use chippewas large tract land treaty stat convey sufficient quantity land permanent homes indians treaty stat see minnesota hitchcock concluded nothing treaties even approaches grant rights lands underlying navigable waters anything evincing purpose depart established policy treating lands held benefit future state holt state bank rather effect done reserve general way continued occupation indians remained aboriginal territory crow treaties case like chippewa treaties holt state bank fail overcome established presumption beds navigable waters remain trust future pass new assume sovereignty treaty terms formally convey land indians instead chiefly represented covenant among several tribes recognized specific boundaries respective territories treaty fort laramie art kappler referred hunting fishing insofar said crow indians surrender privilege hunting fishing passing tracts country heretofore described statement bearing ownership riverbed contrast treaty expressly convey land crow tribe article ii treaty described reservation land detail stated land set apart absolute undisturbed use occupation indians herein named second treaty fort laramie may art ii stat treaty stated solemnly agrees persons except herein designated authorized except officers agents employes government may authorized enter upon indian reservations discharge duties enjoined law shall ever permitted pass settle upon reside territory described article use said indians ibid though article gave crow indians sole right use occupy reserved land implicitly power exclude others respondents reliance provision simply begs question precise extent conveyed lands exclusivity attaches mere fact bed navigable water lies within boundaries described treaty make riverbed part conveyed land especially express reference riverbed might overcome presumption conveyance appeals finch decision recognition crow tribe title riverbed rested case construed language exclusivity treaty granting indians lands including riverbed within described boundaries finch construction however survive examination appeals recognized respondents concede retains navigational easement navigable waters lying within described boundaries benefit public regardless owns riverbed therefore phrases treaty absolute undisturbed use occupation persons except herein designated shall ever permitted whatever seem mean literally give indians exclusive right occupy territory within described boundaries thus even exclusivity ownership treaty language establishing right exclusivity meaning appeals ascribed moreover even though establishment indian reservation appropriate public purpose within meaning shively bowlby justifying congressional conveyance riverbed see alaska pacific fisheries situation crow indians time treaties presented public exigency required congress depart policy reserving ownership beds navigable waters future see shively bowlby supra record case shows time treaty crows nomadic tribe dependent chiefly buffalo fishing important diet way life app alaska pacific fisheries supra skokomish indian tribe france reasons conclude title bed big horn river passed state montana upon admission union appeals error holding otherwise iii though parties case raised broad questions power tribe regulate hunting fishing reservation regulatory issue us narrow one appeals held tribe may prohibit nonmembers hunting fishing land belonging tribe held trust tribe holding readily agree also agree appeals tribe permits nonmembers fish hunt lands may condition entry charging fee establishing bag creel limits ibid remains question power tribe regulate fishing hunting reservation land owned fee nonmembers tribe appeals held respect lands tribe may regulate may prohibit hunting fishing resident owners tenants employees whose occupancy authorized owners held tribe may totally prohibit hunting fishing lands within reservation owned occupy land ibid appeals found two sources tribal regulatory power crow treaties augmented inherent indian sovereignty believe neither source supports conclusion purposes treaty assure safe passage settlers across lands various indian tribes compensate tribes loss buffalo game animals timber forage delineate tribal boundaries promote intertribal peace establish way identifying indians committed depredations noted earlier treaty even create reservation although designate tribal lands see crow tribe cl article treaty referred hunting fishing merely provided eight signatory tribes surrender privilege hunting fishing passing tracts country heretofore described kappler treaty nowhere suggested congress intended grant authority crow tribe regulate hunting fishing nonmembers nonmember lands indeed appeals acknowledged treaty signed well members indian tribes undoubtedly hunted fished within territory crows fort laramie treaty stat reduced size crow territory designated treaty article ii treaty established reservation crow tribe provided set apart absolute undisturbed use occupation indians herein named friendly tribes individual indians time time may willing consent admit amongst emphasis added solemnly agrees persons except herein designated authorized shall ever permitted pass settle upon reside territory described article use said indians treaty therefore obligated prohibit residing passing reservation lands used occupied tribe thereby arguably conferred upon tribe authority control fishing hunting lands authority extend land tribe exercises absolute undisturbed use occupation clear quantity land substantially reduced allotment alienation tribal lands result passage general allotment act stat amended et crow allotment act stat treaty created tribal power restrict prohibit hunting fishing reservation power apply lands held fee puyallup tribe washington game puyallup iii relevant treaty included language virtually identical treaty fort laramie puyallup reservation set apart far necessary surveyed marked exclusive use white man permitted reside upon without permission tribe see puyallup tribe argued words amounted grant authority fish free state interference rejected argument finding part clashe subsequent history reservation notably two acts congress puyallups alienated fee simple great majority lands reservation including land abutting puyallup river thus either tribe members continue hold puyallup river fishing grounds exclusive use ibid puyallup iii indicates therefore treaty rights respect reservation lands must read light subsequent alienation lands accordingly language treaty provides support tribal authority regulate hunting fishing land owned appeals also held federal trespass statute somehow augmented tribe regulatory powers land anything however statute suggests absence authority since congress deliberately excluded lands statute scope statute provides whoever without lawful authority permission willfully knowingly goes upon land belongs indian indian tribe band group either held trust subject restriction alienation imposed upon lands reserved indian use purpose hunting trapping fishing thereon removal game peltries fish therefrom shall fined beyond relying crow treaties source tribe power regulate hunting fishing lands within reservation appeals also identified power incident inherent sovereignty tribe entire crow reservation inherent sovereignty broad support application resolution lands recently reviewed principles inherent sovereignty wheeler case noting indian tribes unique aggregations possessing attributes sovereignty members territory upheld power tribe punish tribal members violate tribal criminal laws careful note original incorporation well specific treaties statutes indian tribes lost many attributes sovereignty distinguished inherent powers retained tribes divested areas implicit divestiture sovereignty held occurred involving relations indian tribe nonmembers tribe limitations rest fact dependent status indian tribes within territorial jurisdiction necessarily inconsistent freedom independently determine external relations powers including power prescribe enforce internal criminal laws different type involve relations among members tribe thus powers necessarily lost virtue tribe dependent status ibid emphasis added recently applied general principles oliphant suquamish indian tribe rejecting tribal claim inherent sovereign authority exercise criminal jurisdiction stressing indian tribes exercise power inconsistent diminished status sovereigns quoted justice johnson words concurrence fletcher peck cranch first indian case reach indian tribes lost right governing every person within limits except though oliphant determined inherent tribal authority criminal matters principles relied support general proposition inherent sovereign powers indian tribe extend activities nonmembers tribe sure indian tribes retain inherent sovereign power exercise forms civil jurisdiction reservations even fee lands tribe may regulate taxation licensing means activities nonmembers enter consensual relationships tribe members commercial dealing contracts leases arrangements williams lee supra morris hitchcock buster wright see washington confederated tribes colville indian reservation 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 see fisher district williams lee supra montana catholic missions missoula county thomas gay circumstances however involved case hunters fishermen fee land enter agreements dealings crow tribe subject tribal civil jurisdiction nothing case suggests hunting fishing threaten tribe political economic security justify tribal regulation complaint district allege hunting fishing fee lands imperil subsistence welfare tribe furthermore district made express findings left unaltered appeals crow tribe traditionally accommodated state near exclusive regulation hunting fishing fee lands within reservation district found montana statutory regulatory scheme prevent crow tribe limiting forbidding hunting fishing lands still owned held trust tribe members iv reasons stated opinion judgment appeals reversed case remanded proceedings ordered footnotes according respondents crow tribe interest restricting hunting fishing reservation focuses almost entirely sports fishing duck hunting waters surface big horn river parties district appeals assumed ownership riverbed largely determine power control activities moreover although complaint case sought quiet title bed big horn river note concession bed river passed montana upon admission union state time acquired ownership banks river well congress course aware presumption established see rosebud sioux tribe kneip hitchcock decision expressly stated red lake reservation reservation within accepted meaning term ommencing degree longitude west greenwich crosses south boundary montana territory thence north along said meridian yellowstone river thence said yellowstone point crosses said southern boundary montana degree north latitude thence east along said parallel latitude place beginning second treaty fort laramie may art ii stat one recent case choctaw nation oklahoma construe reservation grant including bed navigable water respondents argue case resembles choctaw nation resembles established line cases choctaw nation singular exception finding conveyance riverbed choctaw nation based peculiar circumstances present case circumstances arose unusual history treaties issue history formed important basis decision immediately revolutionary war signed treaties peace protection cherokee choctaw tribes reserving lands georgia mississippi succeeding years bought large areas land indians make room white settlers encroaching tribal lands government signed new treaties guaranteeing indians live peace lands ceded soon betrayed promise proposed tribes relocated newly acquired part arkansas territory new territory soon overrun white settlers series new cession agreements indians forced relocate farther farther west ultimately tribes members refused leave eastern lands doubting reliability government promises new western land georgia mississippi anxious relocation westward assert jurisdiction indian lands purported abolish tribes distribute tribal lands choctaws cherokees finally signed new treaties aimed rectifying past suffering hands federal government choctaw treaty promised convey new lands west arkansas territory fee simple also pledged territory state shall ever right pass laws government choctaw nation part land granted shall ever embraced territory state treaty dancing rabbit creek stat quoted choctaw nation oklahoma cherokees signed treaty containing similar provisions granting reservation lands fee simple promising tribal lands become part state territory concluding intended convey riverbed tribes admission oklahoma union choctaw relied circumstances surrounding treaties placed special emphasis government promise reserved lands never become part state neither special historical origins choctaw cherokee treaties crucial provisions granting indian lands fee simple promising freedom state jurisdiction treaties counterparts terms circumstances crow treaties complaint case allege hunting fishing reservation lands impaired privilege article iv treaty addressed hunting rights specifically article referred unoccupied lands lands outside reservation boundaries accordingly relevant crow allotment act one special allotment acts congress passed time time pursuant policy underlying general allotment act see senate committee report crow allotment bill stated accordance policy congress gave adherence many years ago found expression general allotment act ibid appeals discussed effect allotment acts follows neither acts attention called explicitly qualifies tribe rights hunting fishing defies reason suppose congress intended reside fee patent lands hunt fish thereon consent tribe far record case reveals efforts exclude completely crow tribe hunting fishing within reservation made crow tribe time enactment allotment acts omitted simply suggestion legislative history congress intended settle upon alienated allotted lands subject tribal regulatory authority indeed throughout congressional debates allotment indian land consistently equated dissolution tribal affairs jurisdiction see morgan hoar morgan sens hoar coke brown sen call teller hoar sens edmunds williams defies common sense suppose congress intend purchasing allotted lands become subject tribal jurisdiction avowed purpose allotment policy ultimate destruction tribal government hardly likely congress imagined purpose peaceful assimilation advanced feeholders excluded fishing hunting acquired property policy allotment sale surplus reservation land course repudiated indian reorganization act stat et seq relevant case effect land alienation occasioned policy indian treaty rights tied indian use occupation reservation land see bouchard supp wd pollmann supp house report stated purpose bill became make unlawful enter indian land hunt trap fish without consent individual indian tribe indian property owners protection property owners example private hunting club may keep nonmembers game lands may issue permit fee one comes lands without permission may prosecuted state law trespasser indian reservation enjoys immunity subject jurisdiction indian courts tried indian courts trespass charges federal laws invoked trespassers subsequent reports house senate sess sess also refer indian lands indian property owners rather indian country oliphant suquamish indian tribe referred stated legislation give indian tribes individual indian owners certain rights exist others fills gap present law protection property emphasis added appeals decision several courts interpreted confined lands owned indians held trust benefit state baker supp wd bouchard supp wd pollmann supra donahue california justice cal app cal rptr cf sanford holding designed prevent encroachments indian lands rejecting argument makes illegal unauthorized killing wildlife indian reservation noting application montana game laws activities indian reservations interfere tribal reservations argument resolution necessary crow tribal refuted findings district state montana traditionally exercised near exclusive jurisdiction hunting fishing fee lands within reservation parties case accommodated state regulation supp appeals left findings unaltered indeed implicitly reaffirmed adding record reveals attempts tribe time crow allotment act forbid hunting fishing reservation lands denying suquamish tribe criminal jurisdiction however oliphant case seriously restrict ability tribe enforce purported regulation hunters fishermen moreover tribe able rely enforcement federal criminal trespass statute since statute apply fee patented lands see supra nn corollary held indian tribes retain rights river waters necessary make reservations livable arizona california similarly complaint allege state abdicated abused responsibility protecting managing wildlife established season bag creel limits way impair crow indians treaty rights fish hunt imposed less stringent hunting fishing regulations within reservation parts state cf washington supp wd aff justice stevens concurring opinion choctaw nation oklahoma repeatedly pointed ambiguities governing treaties resolved favor indian tribes emphasis rule construction favoring tribes might arguably read intended indicate strong presumption dispositions land navigable waters territories applicable indian reservations however following reasons read choctaw nation opinion holt state bank unanimously unequivocally held presumption applied indian reservations although references holt state bank opinion choctaw nation hardly characterized enthusiastic see choctaw nation opinion purport abandon modify rule holt state bank indeed justice douglas joining opinion wrote separate opinion explain concluded choctaw nation record supplied exceptional circumstances required holt state bank rule seven justices participated choctaw nation decision justice white joined chief justice justice black dissent relied heavily holt state bank line authority see noted justice douglas concurrence also appears accepted holt state bank rule four justices including justice douglas joined opinion believe read made substantial change settled law finally significant justice stewart joined choctaw nation opinion author opinion today satisfied circumstances choctaw nation case differ significantly circumstances case whether voted differently two cases member choctaw nation decided question answer however convinced unless create broad exception indian reservations holt state bank presumption controlling therefore join opinion described rule construction explained reasoning underlying hese treaties considered exercises ordinary conveyancing indian nations seek agree upon exchange lands transaction rather treaties imposed upon choice consent consequence often held treaties indians must interpreted understood see jones meehan doubtful expressions resolved indians favor see alaska pacific fisheries indeed treaty dancing rabbit creek provides construction treaty wherever well founded doubt shall arise shall construed favourably towards choctaws stat holt state bank examined circumstances detail concluded reservation intended effect disposal think similar conclusion appeals case error given circumstances treaty grants countervailing rule construction doubt resolved petitioners favor reviewing history cherokee choctaw reservations justice douglas wrote hile holds domain territory may convey away right bed navigable river retaining property transfer future state though stated holt state bank purpose lightly inferred regarded intended unless intention definitely declared otherwise made plain exceptional circumstances present choctaw nation decided consisted eight active justices justice harlan participate consideration decision choctaw nation justice blackmun justice brennan justice marshall join dissenting part two years ago reaffirmed terms treaty indian tribe must construed sense naturally understood indians washington fishing vessel quoting jones meehan holding today bed big horn river passed state montana upon admission union disregards settled rule statutory construction believe intended crow nation understood bed big horn belong crow indians dissent much opinion holds otherwise case involving construction treaty necessary outset determine parties intended washington fishing vessel respect indian treaty said party presumptively superior negotiating skills superior knowledge language treaty recorded responsibility avoid taking advantage side obviously rule applicable determining crow indians must understood treaties fort laramie mean appropriate ask intended inquiry need go meant convey bed big horn river indians concedes establishment indian reservation appropriate public purpose justifying congressional conveyance riverbed ante holds however public purpose exigency existed since time fort laramie treaties crow nomadic tribe dependent chiefly upon buffalo fishing important diet way life ibid factual premise upon bases conclusion open serious question district found fish central part crow diet supp mont evidence trial crow ate fish supplement buffalo diet substitute meat time scarcity even true fishing important crow indians time fort laramie treaties came necessarily follow public purpose exigency led congress convey riverbed crow indeed history informs us opposite true negotiating treaties actuated two somewhat conflicting purposes desire provide crow indians desire obtain cession crow territory within ultimate reservation boundaries retention ownership riverbed benefit future state montana inconsistent purposes first intent crow indians converted nomadic hunting tribe settled agricultural people treaty fort laramie see stat kappler indian affairs laws treaties hereinafter kappler precipitated depletion game timber forage constantly increasing number settlers crossed lands plains indians way california aggrieved depredations indians opposed passage sometimes force order ensure safe passage settlers called together fort laramie eight indian nations including crow pronouncement made time commissioner emphasized government concern destruction game upon indians depended treaty art set specified boundaries indian nations explicitly provided signatory tribes surrender privilege hunting fishing passing tracts described treaty kappler emphasis added art stated provide annuity form provisions merchandise domestic animals agricultural implements ibid intent provide alternative means subsistence plains indians demonstrated even clearly subsequent fort laramie treaty may crow nation stat commissioner taylor met crow indians acknowledged game upon relied fast disappearing stated proposed furnish homes cattle enable begin raise supply stock support families game disappeared proceedings great peace commission pp institute development indian law hereinafter proceedings given clear recognition traditional mainstay crow indians diet disappearing inconceivable intended treaty deprive crow potential control source food reservation finch vacated grounds see alaska pacific fisheries second establishment crow reservation necessitated public purpose exigency led creation choctaw cherokee reservations discussed choctaw nation oklahoma cases congress responded pressure indian land establishing reservations return indians relinquishment claims territories choctaws cherokees received reservation fee simple inure shall exist nation live crow assured receive tract country home children forever upon great father permit white man trespass proceedings indeed negotiations treaties fort laramie repeatedly referred land belonging indians treaties reflect understanding finally like cherokee reservation see crow reservation created art ii treaty consisted one undivided tract land described merely exterior metes bounds stat since essentially public purpose led creation reservations highly appropriate analysis choctaw nation applied case state montana state oklahoma choctaw nation claimed riverbed surrounded sides lands granted indian tribe choctaw nation found oklahoma claim least strained held land inside reservation exterior metes bounds including riverbed seems clearly encompassed within grant even though mention made bed found natural inference drawn grants choctaws cherokees land within metes bounds conveyed including banks bed rivers see also donnelly offers plausible explanation failure draw natural inference choctaw nation state oklahoma also laid claim portion arkansas river border indian reservation analysis claim lends weight conclusion bed big horn belongs crow indians interpreting treaty language setting boundary cherokee reservation main channel arkansas river choctaw noted language repeatedly held convey title midpoint channel relying oil gas art ii treaty fort laramie established boundary crow reservation running part yellowstone river stat thus choctaw nation clear intended grant crow bed yellowstone midpoint channel follows fortiori intention grant crow indians bed portion big horn totally encompassed reservation ii even assuming arguendo intended retain title bed big horn river benefit future state montana defies common sense suggest crow indians understood terms fort laramie treaties negotiating treaty repeatedly referred territories issue country land territory see crow tribe indians cl art treaty government undertook protect signatory tribes commission depredations people said compensate tribes damages suffered thereby return art received right build roads military posts indians territories kappler history treaty even telling time whites longer simply passing indian territories way california instead words commissioner taylor addressed crow representatives gathered fort laramie learn valuable mines discovered country instances taken possession whites learn roads laid travelled lands settlements made upon lands game driven away fast disappearing know also white people rapidly increasing taking possession occupying valuable lands circumstances sent great father great council washington arrange plan relieve far possible bad consequences state things protect future difficulties proceedings emphasis added fact conclusion lead absurd results gold discovered montana sluicing operations begun stream western montana hundreds prospectors lured news penetrated crow territory plummer crow indians noted commissioner taylor remarked whites mining indian territory specifically indicated intended protect indians intrusions yet result reached today indicates montana licensees free enter upon big horn river purpose removing minerals bed banks view remain free future answer similar claim made state oklahoma choctaw nation fully applicable believe indians considered precluded exercising basic ownership rights river bed think unlikely intended otherwise iii choctaw nation confronted claim almost identical made state montana case argument made silence treaties question regard ownership disputed riverbeds fatal indians case cases state claimant placed principal reliance statement holt state bank conveyance riverbed regarded intended unless intention definitely declared otherwise made plain flatly rejected argument choctaw nation pointing nothing holt state bank case policy underlying rule construction requires courts blind circumstances grant determining intent grantor since believe blinded today respectfully dissent holding state montana title bed big horn river complaint case sought quiet title bed big horn river see ante think plain bed river reserved crow indians statehood also banks mark see app testimony joe medicine crow tribal historian see also testimony henry old coyote thus one historian stated never met reference eating fish crow indians lowie crow indians clear references exist see see also infra see generally sioux nation indians discussing federal reservation policy history events leading fort laramie treaty recounted detail crow tribe indians cl cert denied crow nation cl fort berthold indians cl according account published saint louis republican treaty commissioner mitchell stated ears great father always open complaints red children heard aware buffalo game driven grass timber consumed opening roads passing emigrants countries losses desires compensate quoted crow tribe indians ct treaty provided members crow tribe commenced farming allotted land given agricultural supplies also provided subsistence rations period four years supplied every indian agreed settle reservation see arts vi viii ix treaty stat significant commissioners sought negotiate diminishment crow reservation instructed act mar ch stat upon reservation locality fishing valuable indians include diminished reservation practicable fishing rights valuable crow indians suggested statement chief blackfoot fort laramie conference plenty buffalo deer elk antelope country plenty beaver streams plenty fish never yet heard crow nation dying starvation know game fast decreasing whenever gets scarce tell great father time enough go farming proceedings emphasis added every creek river teems beaver good fish fowl stream proper season denig crow nation alaska pacific fisheries sued enjoin commercial fishing company maintaining fish trap navigable waters annette islands alaska set aside metlakahtla indians lower courts granted relief sought affirmed noted congress power make reservation inclusive adjacent waters submerged land well upland needs little statement reservation setting aside public property recognized public purpose advancing dependent indian people dwelling within observed indians naturally looked fishing grounds part islands found support conclusion general rule statutes passed benefit dependent indian tribes communities liberally construed doubtful expressions resolved favor indians choctaws cherokees forced leave original homeland entirely crow forced accept repeated diminishments territory distinguish choctaw nation case indeed anything distinction suggests crow indians even greater expectancy choctaws cherokees rivers encompassed reservation continue belong public purpose behind creation reservations case provide room increasing numbers new settlers encroaching upon indian lands westward migrations choctaw nation oklahoma fort laramie treaty may designed primarily assure safe passage settlers crossing indian lands settlers miners remaining montana see plummer crow indians accordingly whereas signatory tribes art treaty abandon prejudice rights claims may lands see kappler art ii treaty crow indians relinquish ed title claims rights portion territory except embraced within reservation limits aforesaid stat see crow tribe indians ct proceedings suggests treaty simply covenant among several tribes recognized specific boundaries respective territories ante interpretation treaty consistently rejected claims held treaty recognized title signatory indian nations see crow tribe indians ct crow nation ct fort berthold indians ct interpretation contrary analysis treaty made shoshone indians circumstances surrounding execution fort laramie treaty indicate purpose recognize indian title lands described event concedes ante beyond dispute treaty set apart reservation absolute undisturbed use occupation crow indians cf sioux nation indians discussing similar provisions fort laramie treaty april stat sioux nation noted neither special historical origins choctaw cherokee treaties provisions treaties granting indian lands fee simple serve distinguish case choctaw nation equally unpersuasive suggestion choctaw placed special emphasis government promise reserved lands never become part state ante rather placing special emphasis promise choctaw indicated promise reinforced conclusion drew analysis language conveyance contained treaties established reservation osage indians bounded one side main channel arkansas river held portion arkansas river question nonnavigable title osages granted certainly included bed river far main channel words grant expressly carry title line emphasis added purported reserve question whether vesting ownership riverbed osage indians constituted appropriate public purpose within meaning shively bowlby stream navigable question essentially resolved four years earlier alaska pacific fisheries see supra event choctaw nation clearly holds concedes ante establishment indian reservation appropriate public purpose within meaning shively bowlby later events confirm conclusion crow indians made cession territory see act mar stat cession bounded part big horn river significantly act described boundary cession river language necessarily indicates crow owned entire bed big horn prior cession act ceding half bed affected stretch river retaining half stretch whole bed portion river remained surrounded lands counsel state montana acknowledged oral argument crow indians understand meaning doctrine times entered fort laramie treaties tr oral arg statements made chief blackfoot treaty negotiations buttress conclusion see app great spirit made mountains rivers us land side river streams belong crows suggests fact retained navigational easement big horn river indicates treaty granted crow exclusive right occupy territory within reservation boundary ante retention navigational easement obviously preclude finding meant convey land beneath navigable water see choctaw nation supra alaska pacific fisheries supra reliance holt state bank misplaced reasons well issue case bed mud lake navigable body water red lake reservation minnesota prior case reservation tracts surrounding lake relinquished ceded indians sold homesteaders circumstances present see infra moreover critical distinction case holt state bank arises questionable status red lake reservation minnesota became state holt state bank concluded treaties preceding statehood respect red lake area unlike areas formal setting apart ceded affirmative declaration rights indians therein omitted thus holt state bank clearly control case one prior statehood set apart formal treaty reservation included navigable waters see supra finally fails recognize holt state bank choctaw nation stands singular exception established line cases involving claims submerged lands adjacent encompassed indian reservations see choctaw nation alaska pacific fisheries donnelly supra agree resolution question power tribe regulate fishing hunting reservation land owned fee nonmembers tribe note nothing disposition issue inconsistent conclusion bed big horn river belongs crow indians suggestion parcels alienated consequence indian general allotment act stat crow allotment act stat included portions bed big horn river situation wholly unlike puyallup tribe washington game recognizes ante puyallups alienated fee simple great majority lands reservation including land abutting puyallup river case