16 U.S.C. § 835d: Acquisition of Indian lands…

Summary

Gives the United States ownership of tribal and allotted lands inside the Spokane and Colville Reservations when those lands are needed to build, run, or keep up the Columbia Basin project (formerly the Grand Coulee Dam project), authorized by the Acts of August 30, 1935 (49 Stat. 1028), August 4, 1939 (53 Stat. 1187), and the Columbia Basin Project Act (Public No. 8, 78th Congress, first session, 57 Stat. 14). This includes sites for agency and school buildings and unsold lots in the Klaxta town site, and any other interests the Secretary of the Interior designates for pipes, roads, railroads, telegraph, telephone, and power lines or to move or rebuild such facilities. No land may be taken for the reservoir above 1,310 feet elevation except in Klaxta or when the Secretary finds a special need. Instead of keeping hunting, fishing, and boating rights on those lands, the Secretary must set aside about one-quarter of the whole reservoir for the Spokane and Colville Indians to use for hunting, fishing, and boating. Those uses can be limited by reasonable rules to protect wildlife and must not interfere with project operations. The Secretary must also give the Indians reasonable access across project lands when needed.

Title 16, §835d

Conservation, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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, 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, popularly known as the “Reclamation Project Act of 1939”, which is classified to section 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 section 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.

Executive Documents

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.

§835d Acquisition of Indian Lands, Spokane and Colville Reservations