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2 unusual facts about Oregon Dept. of Fish and Wildlife v. Klamath Indian Tribe


Oregon Dept. of Fish and Wildlife v. Klamath Indian Tribe

The Supreme Court reversed the previous decisions in the District Court and the Court of Appeals stating that the exclusive right to hunt, fish, and gather roots, berries, and seeds on the lands reserved to the Klamath Tribe by the 1864 Treaty was not intended to survive as a special right to be free of state regulation in the ceded lands that were outside the reservation after the 1901 Agreement.

In 1982 the Klamath Tribe filed suit against the Oregon Department of Fish and Wildlife, along with various state officials, in Federal District Court seeking an injunction against the Department's interference with tribal members' hunting and fishing activities on the previously ceded lands in the 1901 Agreement.



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