Confederated Salish & Kootenai Tribes v. Namen

PREGERSON, Circuit Judge:

These consolidated appeals stem from attempts by the Confederated Salish & Koo-tenai Tribes of Flathead Reservation [hereinafter “the Tribes”] to regulate the manner in which non-Indians who own land bordering a navigable lake on the reservation exercise their riparian rights. The Tribes seek to enforce an ordinance they enacted in 1977 to regulate both existing and future structures on the bed and banks of the south half of Flathead Lake, to which the Tribes claim beneficial title. The Namens, who are non-Indian riparian landowners, the-State of Montana, and the City…