390
Opinion of O'Connor, J.
had the authority to zone particular tracts of land within the boundaries of the reservation owned by nonmembers. Although no opinion garnered a majority, Members of the Court determined the Tribes' zoning authority by considering the Tribes' power to exclude and the Tribes' sovereign interests in preserving the Tribes' political integrity, economic security, and health and welfare. Id., at 423-425, 428-432 (White, J., joined by Rehnquist, C. J., and Scalia and Kennedy, JJ.); id., at 433-435, 443-444 (Stevens, J., joined by O'Connor, J.); id., at 454-455 (Blackmun, J., joined by Brennan and Marshall, JJ.). In the end, the Tribes' power to zone each parcel of land turned on the extent to which the Tribes maintained ownership and control over the areas in which the parcels were located. Id., at 438-444, 444-447 (Stevens, J., joined by O'Connor, J.).
In South Dakota v. Bourland, supra, we were again confronted with a Tribe's attempt to regulate hunting and fishing by nonmembers on lands located within the boundaries of the Tribe's reservation, but not owned by the tribe. In Bourland, the United States had acquired the land at issue from the Tribe under the Flood Control Act and the Cheyenne River Act. Id., at 689-690. We concluded that these congressional enactments deprived the Tribe of "any former right of absolute and exclusive use and occupation of the conveyed lands." Id., at 689. We considered that Montana's exceptions might support tribal jurisdiction over nonmembers, but decided to leave that issue for consideration on remand. 508 U. S., at 695-696.
We have also applied Montana to decide whether a tribal court had civil jurisdiction to adjudicate a lawsuit arising out of a traffic accident on a state highway that passed through a reservation. Strate v. A-1 Contractors, 520 U. S. 438 (1997). We explained that "Montana delineated—in a main rule and exceptions—the bounds of the power tribes retain to exercise 'forms of civil jurisdiction' " over nonmembers. Because our prior cases did not involve jurisdiction of tribal
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