Cree

Defendants, various Washington State officials (“Defendants”), appeal the district court’s grant of summary judgment in favor of the Yakama Indian Nation and individual Yakama Indians holding that the Treaty with the Yakamas (“Yakama Treaty” or “Treaty”) exempts them from various Washington truck license and overweight permit fees. The Treaty clause in issue assures the Yaka-mas “the right, in common with citizens of the United States, to travel upon all public highways.” Treaty with the Yakamas, Art. Ill, 12 Stat. 951 , 953 (1855). 1 We hold that the district court did not err in interpreting the Yakama Treaty as exempting the Yaka-ma Indians from the fees at issue. Accordingly, we affirm the judgment of the district court.

*765 I. BACKGROUND

A. Factual Background

Washington law requires registration and licensing of trucks according to gross weight, higher fees being charged for greater weights. See RCW §§ 46.16.070, 46.16.135 (monthly tonnage licenses), 46.44.095 (temporary tonnage permits). Trucks owned by individual Indians have never been exempt from such license fees. Washington also requires log tolerance permits for certain overweight trucks along with payment of a…