Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 29 (1999)

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200

MINNESOTA v. MILLE LACS BAND OF CHIPPEWA INDIANS

Opinion of the Court

To summarize, the historical record provides no support for the theory that the second sentence of Article 1 was designed to abrogate the usufructuary privileges guaranteed under the 1837 Treaty, but it does support the theory that the Treaty, and Article 1 in particular, was designed to transfer Chippewa land to the United States. At the very least, the historical record refutes the State's assertion that the 1855 Treaty "unambiguously" abrogated the 1837 hunting, fishing, and gathering privileges. Given this plausible ambiguity, we cannot agree with the State that the 1855 Treaty abrogated Chippewa usufructuary rights. We have held that Indian treaties are to be interpreted liberally in favor of the Indians, Washington v. Washington State Commercial Passenger Fishing Vessel Assn., 443 U. S., at 675-676; Choctaw Nation v. United States, 318 U. S., at 432, and that any ambiguities are to be resolved in their favor, Winters v. United States, 207 U. S. 564, 576-577 (1908). See also County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U. S. 251, 269 (1992).

To attack the conclusion that the 1855 Treaty does not abrogate the usufructuary rights guaranteed under the 1837 Treaty, the State relies primarily on our decision in Oregon Dept. of Fish and Wildlife v. Klamath Tribe, 473 U. S. 753 (1985). Klamath required this Court to interpret two agreements. In the first agreement, an 1864 Treaty between the United States and several Indian Tribes now collectively known as the Klamath Indian Tribe, the Indians conveyed their remaining lands to the United States, and a portion of this land was set aside as a reservation. Id., at 755. The 1864 Treaty provided that the Tribe had the " 'exclusive right of taking fish in the streams and lakes, included in said reservation, and of gathering edible roots, seeds, and berries within its limits,' " but it provided for no off-reservation usufructuary rights. Ibid. (quoting Treaty of Oct. 14, 1864). Due to a surveying error, the reservation excluded land that, under the terms of the Treaty, should

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