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MONTANA v. BLACKFEET TRIBE OF INDIANS

No. 83-2161.

471 U.S. 759 (1985)

MONTANA ET AL. v. BLACKFEET TRIBE OF INDIANS

Supreme Court of United States.

Reargued April 23, 1985

Decided June 3, 1985

Attorney(s) appearing for the Case

Deirdre Boggs, Special Assistant Attorney General of Montana, reargued the cause for petitioners. With her on the briefs were Michael T. Greely, Attorney General, Chris D. Tweeten, Assistant Attorney General, and Helena S. Maclay, Special Assistant Attorney General.

Jeanne S. Whiteing reargued the cause for respondent. With her on the brief was Richard B. Collins.

Edwin S. Kneedler reargued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Lee, Assistant Attorney General Habicht, Deputy Solicitor General Claiborne, and Martin W. Matzen.*

JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether the State of Montana may tax the Blackfeet Tribe's royalty interests under oil and gas leases issued to non-Indian lessees pursuant to the Indian Mineral Leasing Act of 1938, ch. 198, 52 Stat. 347, 25 U. S. C. § 396a et seq. (1938 Act).

I

Respondent Blackfeet Tribe filed this suit in the United States District...

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