Timpanogos Tribe, Snake Band of Shoshone Indians of Utah Territory v. Kevin Conway, Assistant Director, Utah Department of Natural Resources, Division of Wildlife Resources Michael O. Leavitt, Governor of the State of Utah, Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, Amicus Curiae, 286 F.3d 1195, 10th Cir. (2002)