United States of America, and the Confederated Tribes of the Warm Springs Reservation of Oregon Confederated Tribes of the Yakima Indian Nation Confederated Tribes of the Umatilla Indian Reservation Nez Perce Tribe and the Shoshone-Bannock Tribes, Plaintiffs-Intervenors-Appellees v. State of Oregon State of Washington v. Confederated Tribes of the Colville Reservation, Plaintiff-Intervenor-Appellant

43 F.3d 1284 UNITED STATES of America, Plaintiff-Appellee, and The Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes of the Yakima Indian Nation; Confederated Tribes of the Umatilla Indian Reservation; Nez Perce Tribe; and the Shoshone-Bannock Tribes, Plaintiffs-Intervenors-Appellees, v. STATE of OREGON; State of Washington, Defendants, v. CONFEDERATED TRIBES OF the COLVILLE RESERVATION, Plaintiff-Intervenor-Appellant. No. 92-35150. United States Court of Appeals, Ninth Circuit. Decided Dec. 28, 1994. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. ORDER 1 The opinion filed June 23, 1994, 29 F.3d 481 , is amended as follows: Insert the following footnote at 29 F.3d page 485, just after the sentence reading "The five tribes with which we are concerned did not move to the Yakima Reservation, but carried out a nomadic existence and subsequently negotiated independent treaties with the government in 1879." 2 Failure to move onto the reservation is not the determinative factor in deciding whether a group has retained treaty rights. Rather, it is only one consideration relevant to an essentially factual inquiry--i.e., whether a group claiming…