Upper Skagit Tribe v. United States

I. Background.

In 1850s, the United States signed a series of treaties with the tribes1 of the Pacific Northwest.2 In the treaties, “[t]he Tribes ceded their aboriginal lands to the United States for settlement, receiving in exchange exclusive title to defined lands, free medical care, schools, occupational training, and annuity payments.”3 1 See United States v. Washington, 384 F. Supp. 312, 355 (W.D. Wash. 1974) (“No formal political structure had been created by the Indians liv- ing in the Puget Sound area at the time of initial contact with the United States Government. Governor Stevens . . . deliberately created political entities for purposes of delegating responsibilities and negotiating treaties. In creating these entities Governor Stevens named many chiefs and sub- chiefs.”) [hereinafter Decision I]. 2 See, e.g., Treaty of Point No Point (Jan. 26, 1855), 12 Stat. 933 (1859); Treaty of Point Elliott (Jan. 22, 1855), 12 Stat. 927 (1859). See generally Washington v. Wash. State Commercial Passenger Fishing Vessel Ass’n, 443 U.S. 658, 661-69 (1979). 3 United States v. Washington, 157 F.3d 630, 638 (9th Cir. 1998). For a general overview of the history of the treaties and the…