The Allotment Act of 1887 diminished tribal regulatory authority over Indian reservation land use. While the Act provided for alienation of reservation land to non-Indians, it did not terminate the reservation status of alienated land. Hence, a question which repeatedly arises is whether Indians can control land use on non-Indian owned reservation land. This Note traces the historical basis of Indian regulatory authority over non-Indians, examines the Supreme Court's latest decision in Brendale, and then exposes the weaknesses of that decision.
Jessica S. Gerrard, Undermining Tribal Land Use Regulatory Authority: Brendale v. Confederated Tribes, 13 SEATTLE U. L. REV. 349 (1990).