Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 31 (1999)

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202

MINNESOTA v. MILLE LACS BAND OF CHIPPEWA INDIANS

Opinion of the Court

reservation nor exclusive. In contrast to Klamath, there is no background understanding of the rights to suggest that they are extinguished when title to the land is extinguished. Without this background understanding, there is no reason to believe that the Chippewa would have understood a cession of a particular tract of land to relinquish hunting and fishing privileges on another tract of land. More importantly, however, the State's argument that similar language in two Treaties involving different parties has precisely the same meaning reveals a fundamental misunderstanding of basic principles of treaty construction. Our holding in Kla-math was not based solely on the bare language of the 1901 agreement. Rather, to reach our conclusion about the meaning of that language, we examined the historical record and considered the context of the treaty negotiations to discern what the parties intended by their choice of words. This review of the history and the negotiations of the agreements is central to the interpretation of treaties. El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 U. S., at 167. As we described above, an analysis of the history, purpose, and negotiations of this Treaty leads us to conclude that the Mille Lacs Band did not relinquish their 1837 Treaty rights in the 1855 Treaty.

IV

Finally, the State argues that the Chippewa's usufructuary rights under the 1837 Treaty were extinguished when Minnesota was admitted to the Union in 1858. In making this argument, the State faces an uphill battle. Congress may abrogate Indian treaty rights, but it must clearly express its intent to do so. United States v. Dion, 476 U. S. 734, 738-740 (1986); see also Washington v. Washington State Commercial Passenger Fishing Vessel Assn., 443 U. S., at 690; Menominee Tribe v. United States, 391 U. S. 404, 413 (1968). There must be "clear evidence that Congress actually considered the conflict between its intended action on the one hand and Indian treaty rights on the other, and chose

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