155) This Part details the foundation for the assertion that the tribes who reserved off-reservation usufructuary rights would have understood that they also reserved the right to participate as governmental comanagers over resources as an aspect of such sovereignty.
Many of the tribes that reserved usufructuary rights on ceded lands and waters had developed systems and institutional arrangements for the allocation and protection of usufruct resources--particularly to prevent degradation caused by human activity--on lands and waters used by more than one clan, community, or tribe.
Thus, from the perspective of many indigenous communities, particularly those that sought to reserve usufructuary rights outside reservation boundaries, the exercise of some degree of participatory management on shared, usufruct-based territory was understood to be part of the bundle of sovereign powers exercised by the governing institutions of an Indian tribe.
245) Third, tribes may exercise police powers of search and seizure off-reservation when carried out as part of the tribe's regulation of its members' reserved usufructuary rights.
It is this premise that provides the foundation for recognizing that tribal participation in off-reservation decision making concerning reserved rights resources is an aspect of inherent tribal sovereignty that the tribes reserved through the same agreements that reserved such off-reservation usufructuary rights.
While these are activities over which tribes currently exercise little or no control, the effect of these activities on habitat and populations can lead directly to the erosion of tribal sovereignty and the practical negation of the exercise of tribal usufructuary rights.