McDonald

ORDER

The Petition for Rehearing in No. 00-35002 is denied and the Suggestion for Rehearing En Banc in No. 00-35002 is denied. The opinion issued August 14, 2002 is amended, and Judge Wallace amends his dissent. The amendments to the opinion are as follows:

1. In the first sentence of the first paragraph on page 11924 [ 300 F.3d 1037 , 1040], replace the word “broad” with the word “considerable.”

2. Delete the second sentence in the first paragraph on page 11924 [300 F.3d at 1040] and its accompanying citation to Iowa Mutual [Ins. Co. v. LaPlante, 480 U.S. 9 , 107 S.Ct. 971 , 94 L.Ed.2d 10 (1987)] and delete the second and third paragraphs in footnote 2.

3. In the third sentence of the second paragraph on page 11926 [300 F.3d at 1041], replace the words “Route 5 is a tribal road” with “BIA roads like Route 5 are tribal roads”.

4. Add the following text and footnote to the end of the first sentence of the first lull paragraph on page 11927 [300 F.3d at 1042]:, “for the direct benefit of the tribe.'”

5. Following the first full paragraph on page 11930 [300 F.3d at 1043], add the following paragraph and footnote:

6. Add the following footnote to the last sentence of the last…

dissenting:

The majority concludes that a tribal court has the inherent authority to exercise civil jurisdiction over tribal nonmembers acting on tribal land within reservation boundaries. I dissent because I believe the majority’s decision is *542 inconsistent with over two decades of Supreme Court precedent on the subject of tribal inherent authority. The Court long ago cast aside the notion that a tribe has the inherent authority to exercise jurisdiction over anyone within reservation boundaries. Montana v. United States, 450 U.S. 544, 565 , 101 S.Ct. 1245 , 67 L.Ed.2d 493 (1981). Indeed, tribal inherent authority has consistently been confined to those circumstances in which a particular jurisdictional exercise is necessary to protect the tribe’s ability to govern itself. Strate v. A-1 Contractors, 520 U.S. 438, 459 , 117 S.Ct. 1404 , 137 L.Ed.2d 661 (1997).

As the Supreme Court has stated, a tribe has the inherent authority “to punish tribal offenders, ... to determine tribal membership, to regulate domestic relations among members, and to prescribe rules of inheritance for members.” Montana, 450 U.S. at 564 , 101 S.Ct. 1245 (citation omitted). With two exceptions, a tribe…