of dealing with pressures of white settlement and establishing the reservation by permanent legislation. Congress made it expressly plain that its object was to obtain tribal interests only by tribal consent. When it sought to extinguish aboriginal title to lands outside the 1873 reservation and to reduce the reservation's size, it did so by authorizing negotiations with the Tribe to cede title for compensation. It also honored the reservation's boundaries by requiring that the Tribe be compensated for the railroad right-of-way. The intent was that anything not consensually ceded by the Tribe would remain for the Tribe's benefit, an objective flatly at odds with Idaho's view that Congress meant to transfer the balance of submerged lands to the State in what would have amounted to an act of bad faith accomplished by unspoken operation of law. Idaho's position is also at odds with later manifestations of congressional understanding that statehood had not affected the submerged lands. Pp. 275-281.
210 F. 3d 1067, affirmed.
Souter, J., delivered the opinion of the Court, in which Stevens, O'Connor, Ginsburg, and Breyer, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia, Kennedy, and Thomas, JJ., joined, post, p. 281.
Steven W. Strack, Deputy Attorney General of Idaho, argued the cause for petitioner. With him on the briefs were Alan G. Lance, Attorney General, and Clive J. Strong, Deputy Attorney General.
Raymond C. Givens argued the cause for respondent Coeur d'Alene Tribe. With him on the brief were Brian J. Cleary and Joseph D. Kearney. David C. Frederick argued the cause for the United States. With him on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Cruden, Deputy Solicitor General Kneedler, James C. Kilbourne, and Hank Meshorer.*
*Dennis Molenaar, Jerry K. Boyd, Douglas P. Payne, and Nancy A. Wolff filed a brief of amici curiae urging reversal for Benewah County et al.
A brief of amici curiae was filed for the State of California et al. by Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, and J. Matthew Rodriquez and Jan S. Stevens, Assistant Attorneys General, and by the Attorneys General for theirPage: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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