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''Oregon Department of Fish and Wildlife v. Klamath Indian Tribe'', , was a case appealed to the US Supreme Court by the Oregon Department of Fish and Wildlife. 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.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=473&invol=753〕 ==Background== In a treaty in 1864 the Klamath and Modoc Tribes, along with the Yahooskin Band of Snake Indians, now collectively called the Klamath Indian Tribe, ceded their aboriginal title to approximately of aboriginal lands to the United States. In return they retained for a reservation. It was expressly stated in the 1864 Treaty the Tribe would be secured "the exclusive right of taking fish in the streams and lakes, included in said reservation".〔http://openjurist.org/729/f2d/609/klamath-indian-tribe-v-oregon-department-of-fish-and-wildlife〕 Government surveyors surveyed the reservation boundaries two different times, once in 1871 and again in 1888. Both surveys failed to include large tracts of land which included the meadows of the Sycan and Sprague River valleys which were originally intended for the reservation. After many years of tribal complaints, The United States Congress authorized a commission from the General Land Office to determine the amount and value of the excluded land. In 1896 the commission concluded that approximately were excluded, and that land were worth $537,000, or roughly 83.36 cents per acre. This figure was based on soil quality, grazing lands, and timber. The Klamath Tribes' hunting, fishing, and trapping rights were not mentioned in the commission's report. In 1901, the Bureau of Indian Affairs negotiated an agreement with the Klamath Tribe for cession of the excluded lands. In the Agreement, the United States agreed to pay the Tribe $537,007.20 for the of reservation land. In Article I, the tribe agreed to "cede, surrender, grant, and convey to the United States all their claim, right, title and interest in and to" that land. The United States Congress ratified the agreement in 1906. Virtually all ceded lands were immediately closed to entry and placed in national forests or parks.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=473&invol=753〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Oregon Department of Fish & Wildlife v. Klamath Indian Tribe」の詳細全文を読む スポンサード リンク
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