United States v. Aam

SKOPIL, Circuit Judge:

We are asked in these consolidated appeals to determine whether the Port Madison Indian Reservation in Washington includes adjacent tidelands. The Suquamish Indian tribe, joined by the United States, argues that the tidelands were reserved by treaty for the tribe’s exclusive use. The state of Washington and private landowners contend that the tidelands were never part of the reservation and therefore title to the tidelands passed to the state on admission to the union in 1889 pursuant to the “equal footing doctrine.” Non-Indians now hold record title to a substantial…