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Syllabus
U. S. 734, 738-740, and there is no clear evidence of such an intent here. The State concedes that Minnesota's enabling Act is silent about treaty rights and points to no legislative history describing the Act's effect on such rights. The State's reliance on Ward v. Race Horse, 163 U. S. 504, is misplaced. The Court's holding that a Treaty reserving to a Tribe " 'the right to hunt on the unoccupied lands of the United States, so long as game may be found thereon, and so long as peace subsists among the whites and Indians on the borders of the hunting districts' " terminated when Wyoming became a State, id., at 507, has been qualified by this Court's later decisions. The first part of the Race Horse holding—that the treaty rights conflicted irreconcilably with state natural resources regulation such that they could not survive Wyoming's admission to the Union on an "equal footing" with the 13 original States—rested on a false premise, for this Court has subsequently made clear that a tribe's treaty rights to hunt, fish, and gather on state land can coexist with state natural resources management, see, e. g., Washington v. Washington State Commercial Passenger Fishing Vessel Assn., 443 U. S. 658. Thus, statehood by itself is insufficient to extinguish such rights. Race Horse's alternative holding—that the treaty rights at issue were not intended to survive Wyoming's statehood—also does not help the State here. There is no suggestion in the 1837 Treaty that the Senate intended the rights here to terminate when a State was established in the area; there is no fixed termination point contemplated in that Treaty; and treaty rights are not impliedly terminated at statehood, e. g., Wisconsin v. Hitchcock, 201 U. S. 202, 213-214. Pp. 202-208.
124 F. 3d 904, affirmed.
O'Connor, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia, Kennedy, and Thomas, JJ., joined, post, p. 208. Thomas, J., filed a dissenting opinion, post, p. 220.
John L. Kirwin, Assistant Attorney General of Minnesota, argued the cause for petitioners. With him on the brief were Hubert H. Humphrey III, Attorney General, and Peter L. Tester and Michelle E. Beeman, Assistant Attorneys General. Randy V. Thompson argued the cause for Thompson et al., respondents under this Court's Rule 12.6 in support of petitioners. With him on the briefs were Gary E. Persian and Stephen G. Froehle. James Martin Johnson, Michael Jesse, and Jennifer Fahey filed briefs in support of petition-
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