§ 835d. — Acquisition of Indian lands, Spokane and Colville Reservations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC835d]
TITLE 16--CONSERVATION
CHAPTER 12D--COLUMBIA BASIN PROJECT
Sec. 835d. Acquisition of Indian lands, Spokane and Colville
Reservations
In aid of the construction, operation and maintenance of the
Columbia Basin project (formerly the Grand Coulee Dam project),
authorized by the Act of August 30, 1935 (49 Stat. 1028), the Act of
August 4, 1939 (53 Stat. 1187), and the Columbia Basin Project Act
(Public, Numbered 8, Seventy-eighth Congress, first session, 57 Stat.
14), there is hereby granted to the United States, subject to the
provisions of this section and sections 835e to 835h of this title, (a)
all the right, title, and interest of the Indians in and to the tribal
and allotted lands within the Spokane and Colville Reservations,
including sites of agency and school buildings and related structures
and unsold lands in the Klaxta town site, as may be designated therefor
by the Secretary of the Interior from time to time: Provided, That no
lands shall be taken for reservoir purposes above the elevation of one
thousand three hundred and ten feet above sea level as shown by Bureau
of Land Management surveys, except in Klaxta town site and except where
in the judgment of the Secretary of the Interior, special circumstances
concerning the reservoir or its operation and maintenance require the
taking of land above that elevation; and (b) such other interests in or
to any such lands and property within these reservations as may be
required and as may be designated by the Secretary of the Interior from
time to time for the construction of pipe lines, highways, railroads,
telegraph, telephone, and electric-transmission lines in connection with
the project, or for the relocation or reconstruction of such facilities
made necessary by the construction of the project.
The Secretary of the Interior, in lieu of reserving rights of
hunting, fishing, and boating to the Indians in the areas granted under
this section and sections 835e to 835h of this title, shall set aside
approximately one-quarter of the entire reservoir area for the paramount
use of the Indians of the Spokane and Colville Reservations for hunting,
fishing, and boating purposes, which rights shall be subject only to
such reasonable regulations as the Secretary may prescribe for the
protection and conservation of fish and wildlife: Provided, That the
exercise of the Indians' rights shall not interfere with project
operations. The Secretary shall also, where necessary, grant to the
Indians reasonable rights of access to such area or areas across any
project lands.
(June 29, 1940, ch. 460, Sec. 1, 54 Stat. 703; Dec. 16, 1944, ch. 602,
58 Stat. 813; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100.)
References in Text
Act of August 30, 1935 (49 Stat. 1028), referred to in text, is act
Aug. 30, 1935, ch. 831, 49 Stat. 1028, as amended, which act, by section
2, authorized the construction of the Grand Coulee Dam.
Act of August 4, 1939, referred to in text, is act Aug. 4, 1939, ch.
418, 53 Stat. 1187, as amended, popularly known as the ``Reclamation
Project Act of 1939'', which is classified to sections 375a, 387 to 389,
485 to 485h, and 485i to 485k of Title 43, Public Lands. For complete
classification of this Act to the Code, see section 485k of Title 43 and
Tables.
The Columbia Basin Project Act, referred to in text, is act May 27,
1937, ch. 269, as amended generally by act Mar. 10, 1943, ch. 14, 57
Stat. 14, which enacted sections 835 and 835a to 835c-5 of this title
and provisions set out as a note under section 835 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 835 of this title and Tables.
Amendments
1944--Act Dec. 16, 1944, among other changes, inserted reference to
the Act of August 4, 1939, and the Columbia Basin Project Act in first
par.
Transfer of Functions
Functions of General Land Office transferred to Bureau of Land
Management by Reorg. Plan No. 3 of 1946. See note set out under section
1 of Title 43, Public Lands.
Section Referred to in Other Sections
This section is referred to in sections 835e, 835f, 835g, 835h of
this title.
