Strate v. A-1 Contractors

Background

A non-Indian woman was seriously injured when her car collided with a gravel truck driven by a non-Indian driver on a 6.59-mile stretch of a North Dakota state highway that runs through the Fort Berthold Reservation. The truck was owned by a non-Indian company doing subcontract work for a tribal corporation. The injured woman sued in the Tribal Court. The Tribal Court and an intertribal appeals court asserted jurisdiction, but the defendants sued in federal court arguing the tribal court lacked authority. The federal and appellate courts reached differing results before the Supreme Court reviewed the issue.

Reasoning

The central question was whether a tribal court can hear a damage claim against nonmembers for an accident on a state highway that runs through reservation land under a federally granted right-of-way. The Court applied its prior decision in Montana, holding that tribal civil power over nonmembers is limited unless a federal statute or treaty says otherwise or an exception fits. The right-of-way was treated like land alienated to non-Indians, so the tribe’s usual authority over nonmembers did not apply. The Court found the two Montana exceptions—(1) a consensual commercial relationship with the tribe, or (2) conduct that directly threatens tribal self-government or welfare—did not fit the ordinary highway accident here. The Court also explained that National Farmers and Iowa Mutual require initial tribal-court consideration but do not override Montana’s limits.

Real world impact

As a result, injured people in similar crashes on state-maintained highways through reservations must generally pursue claims in state or federal courts, not tribal courts, unless Congress or a treaty authorizes tribal governance on that roadway. The opinion leaves open questions about accidents on tribal roads or other on-reservation land types.