NORTHWESTERN BAND OF THE SHOSHONE NATION V. GREG WOOTEN, ET AL, No. 22-35140 (9th Cir. 2023)
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The Northwestern Band of the Shoshone Nation filed a complaint against Idaho state officials concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes, including the Shoshone’s Northwestern Band. Under the Treaty, the affiliated Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States. Idaho officials contend that the Treaty conditions the reserved hunting right on permanent residence on a designated reservation and that Northwestern Band members may not exercise the Tribes’ treaty-reserved hunting right because the Northwest Band does not reside on a designated reservation. The district court agreed with Defendants’ treaty interpretation. The only issue on appeal is whether the district court erred in concluding that the Treaty makes the reserved hunting right contingent on permanent residence on the Fort Hall or Wind River Reservations.
The Ninth Circuit reversed the district court’s judgment. The panel held that the Treaty’s terms, which must be read in context and construed as they would naturally be understood by the Tribes, plainly do not condition the exercise of the reserved hunting right on the Northwestern Band relocating to a reservation. Because the district court did not reach the Idaho officials’ alternative arguments regarding political cohesion and necessary joinder, the panel remanded the case for the district court to address those issues in the first instance.
Court Description: Treaties/Tribes. The panel reversed the district court’s judgment dismissing for failure to state a claim the Northwestern Band of the Shoshone Nation’s complaint against Idaho state officials, and remanded, in a case concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes, including the Shoshone’s Northwestern Band.
Under the Treaty, the affiliated Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States.
Idaho officials contend that the Treaty conditions the reserved hunting right on permanent residence on a designated reservation, and that Northwestern Band members may not exercise the Tribes’ treaty-reserved hunting right because the Northwest Band does not reside on a designated reservation.
Disagreeing, the panel held that the Treaty’s terms, which must be read in context and construed as they would naturally be understood by the Tribes, plainly do not condition exercise of the reserved hunting right on the Northwestern Band relocating to a reservation. NORTHWESTERN BAND OF THE SHOSHONE NATION V. WOOTEN 3 Because the district court did not reach the Idaho officials’ alternative arguments regarding political cohesion and necessary joinder, the panel remanded the case for the district court to address those issues in the first instance.
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