Idaho v. United States

150 L. Ed. 2d 326, 121 S. Ct. 2135, 14 Fla. L. Weekly Fed. S 382, 533 U.S. 262, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20725, 69 U.S.L.W. 4500, 2001 Cal. Daily Op. Serv. 4994, 2001 U.S. LEXIS 4665, 2001 Daily Journal DAR 6157, 2001 Colo. J. C.A.R. 3141
Supreme Court of the United States·Decided June 18, 2001·No. 00-189·Published·Cited by 29 cases

Opinions

[265] Justice Souter

delivered the opinion of the Court.

The United States brought this quiet title action against the State of Idaho. The question is whether the National Government holds title, in trust for the Coeur d’Alene Tribe, to lands underlying portions of Lake Coeur d’Alene and the St. Joe River. We hold that it does.

I

The Coeur d’Alene Tribe once inhabited more than 3.5 million acres in what is now northern Idaho and northeastern Washington, including the area of Lake Coeur d’Alene and the St. Joe River. 95 F. Supp. 2d 1094,1095-1096,1099-1100 (Idaho 1998).1 Tribal members traditionally used the lake and its related waterways for food, fiber, transportation, recreation, and cultural activities. Id., at 1099-1102. The Tribe depended on submerged lands for everything from water potatoes harvested from the lake to fish weirs and traps anchored in riverbeds and banks. Id., at 1100.

Under an 1846 treaty with Great Britain, the United States acquired title to the region of Lake Coeur d’Alene, see Treaty in Regard to Limits Westward of the Rocky Mountains, 9 Stat. 869, subject to the aboriginal right of possession held by resident tribes, see generally Oneida Indian Nation of N. Y. v. County of Oneida, 414 U. S. 661, 667 (1974); F. Cohen, Handbook of Federal Indian Law 486-493 (1982 ed.). In 1867, in the face of immigration into the Tribe’s aboriginal territory, 95 F. Supp. 2d, at 1102, President Johnson issued an Executive Order setting aside a reservation of comparatively modest size, although the Tribe was [266] apparently unaware of this action until at least 1871, when it petitioned the Government to set aside a reservation, id., at 1102-1103. The Tribe found the 1867 boundaries unsatisfactory, due in part to their failure to make adequate provision for fishing and other uses of important waterways. When the Tribe petitioned the Commissioner of Indian Affairs a second time, it insisted on a reservation that included key river valleys because “we are not as yet quite up to living on farming” and “for a while yet we need have some hunting and fishing.” App. 27.

Following further negotiations, the Tribe in 1873 agreed to relinquish (for compensation) all claims to its aboriginal lands outside the bounds of a more substantial reservation that negotiators for the United States agreed to “set apart and secure” “for the exclusive use of the Coeur d’Alene Indians, and to protect . . . from settlement or occupancy by other persons.” Id., at 33. The reservation boundaries described in the agreement covered part of the St. Joe River (then called the St. Joseph), and all of Lake Coeur d’Alene except a sliver cut off by the northern boundary. Id., at 33-34; 95 F. Supp. 2d, at 1095-1096.

Although by its own terms the agreement was not binding without congressional approval, App. 36-37, later in 1873 President Grant issued an Executive Order directing that the reservation specified in the agreement be “withdrawn from sale and set apart as a reservation for the Cur d’Alene Indians.” Exec. Order of Nov. 8,1873, reprinted in 1 C. Kapler, Indian Affairs: Laws and Treaties 837 (1904). The 1873 Executive Order set the northern boundary of the reservation directly across Lake Coeur d’Alene, which, the District Court found, was contrary “to the usual practice of meandering a survey line along the mean high water mark.” 95 F. Supp. 2d, at 1108; App. 14, 20 (expert trial testimony).2 [267] An 1883 Government survey fixed the reservation’s total area at 598,499.85 acres, which the District Court found necessarily “included submerged lands within the reservation boundaries.” 95 F. Supp. 2d, at 1108.

As of 1885, Congress had neither ratified the 1873 agreement nor compensated the Tribe. This inaction prompted the Tribe to petition the Government again, to “make with us a proper treaty of peace and friendship ... by which your petitioners may be properly and fully compensated for such portion of their lands not now reserved to them; [and] that their present reserve may be confirmed to them.” App. 350-351. In response, Congress authorized new negotiations to obtain the Tribe’s agreement to cede land outside the borders of the 1873 reservation. Act of May 15, 1886, ch. 333, 24 Stat. 44. In 1887, the Tribe agreed to cede

“all right, title, and claim which they now have, or ever had, to all lands in said Territories [Washington, Idaho, and Montana] and elsewhere, except the portion of land within the boundaries of their present reservation in the Territory of Idaho, known as the Coeur d’Alene Reservation.” App. 378.

The Government, in return, promised to compensate the Tribe, and agreed that

“[i]n consideration of the foregoing cession and agreements ... the Coeur d’Alene Reservation shall be held forever as Indian land and as homes for the Coeur d’Alene Indians . . . and no part of said reservation shall ever be sold, occupied, open to white settlement, [268] or otherwise disposed of without the consent of the Indians residing on said reservation.” Id., at 379.

As before, the agreement was not binding on either party until ratified by Congress. Id., at 382.

In January 1888, not having as yet ratified any agreement with the Tribe, the Senate expressed uncertainty about the extent of the Tribe’s reservation and adopted a resolution directing the Secretary of the Interior to “inform the Senate as to the extent of the present area and boundaries of the Coeur d’Alene Indian Reservation in the Territory of Idaho,” and specifically, “whether such area includes any portion, and if so, about how much of the navigable waters of Lake Coeur d’Alene, and of Coeur d’Alene and St. Joseph Rivers.” S. Mise. Doc. No. 36, 50th Cong., 1st Sess., 1 (1888). The Secretary responded in February 1888 with a report of the Commissioner of Indian Affairs, stating that “the reservation appears to embrace all the navigable waters of Lake Coeur d’Alene, except a very small fragment cut off by the north boundary of the reservation,” and that “[t]he St. Joseph River also flows through the reservation.” S. Exec. Doc. No. 76, 50th Cong., 1st Sess., 3 (1888). Based largely, it appears, on this report, Idaho conceded in the Court of Appeals (as it does here) that the 1873 Executive Order reservation included submerged lands. See Opening Brief for Appellant in No. 98-35831 (CA9), p. 17 (“Certainly, the State concedes that by 1888, the executive branch had construed the 1873 Coeur d’Alene Reservation as including submerged lands”); Brief for Petitioner 17.

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Idaho v. United States, 150 L. Ed. 2d 326, 121 S. Ct. 2135, 14 Fla. L. Weekly Fed. S 382, 533 U.S. 262, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20725, 69 U.S.L.W. 4500, 2001 Cal. Daily Op. Serv. 4994, 2001 U.S. LEXIS 4665, 2001 Daily Journal DAR 6157, 2001 Colo. J. C.A.R. 3141 (U.S. 2001).

150 L. Ed. 2d 326 (Idaho v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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