Columbia River Treaty Fishing Access Sites — BIA Rules for Pacific Northwest Tribal Fishing

Four Pacific Northwest tribes — the Yakama Nation, the Confederated Tribes of Warm Springs, the Confederated Tribes of the Umatilla Indian Reservation, and the Nez Perce Tribe — hold federally protected treaty rights to fish at their "usual and accustomed" places along the Columbia River and its tributaries. When mid-twentieth-century federal dam construction flooded many of those traditional sites, the 1964 Celilo Fish Committee Compact created replacement access sites for these four tribes. The Bureau of Indian Affairs manages those sites under 25 CFR Part 247, setting the access, conduct, and facility rules that govern how tribal members use them.

Current Rule (2026)

What This Rule Does

The Columbia River treaty fishing access sites are a practical response to a specific historical wrong: the construction of The Dalles Dam (completed 1957) and other mid-Columbia dams submerged Celilo Falls and other traditional fishing sites that the four tribes had used for centuries. The 1964 Compact established replacement sites on the north and south banks of the river where tribal members could access the water, process fish, and camp during fishing seasons.

Part 247 governs the day-to-day use of those sites — not who has the underlying treaty right to fish (that is determined by the federal court decisions in United States v. Oregon and successor proceedings), but how the physical facilities at the access sites may be used. The regulation is essentially a comprehensive site management rule: it establishes who gets in, what they can do there, how facilities are shared, and what happens when someone damages property or abandons equipment.

The sites include boat ramps, drying sheds (for processing and drying salmon), camping areas, sanitation facilities, and access roads. BIA's Columbia River Basin Office administers the sites under the direction of the Area Director.

Key Mechanics

• § 247.2 — Covered lands: Part 247 applies to all treaty fishing access sites and ancillary fishing facilities acquired under the 1964 Compact; the sites are held in trust by the United States for the benefit of the four treaty tribes collectively
• § 247.3 — Eligibility: only enrolled members of the four named tribes (Yakama, Warm Springs, Umatilla, and Nez Perce) may use the sites; users must possess a tribal identification card and present it upon request by any authorized federal officer
• § 247.4 — Identification: tribal ID cards issued by the user's tribe are the required credential; tribal members without their ID may be denied access
• § 247.5 — Applicable laws: users must comply with tribal law applicable to the site, BIA regulations, and federal environmental and public health laws; the site's use for treaty fishing does not exempt tribal members from federal environmental regulations (e.g., Clean Water Act discharge prohibitions)
• § 247.6 — Property damage liability: users who commit vandalism, theft, or destruction of government-owned structures are personally liable for the cost of repair or replacement; BIA may seek reimbursement from the responsible individual
• § 247.7 — Structures: users may not construct permanent or semi-permanent structures at the sites except under a permit from the Area Director; temporary shade structures may be permitted; unauthorized structures may be removed by BIA
• § 247.8 — Responsibility for facilities: each user is responsible for the campsite, drying shed, and personal property they occupy during their period of use; damage occurring during their occupancy is their financial responsibility
• § 247.10 — Abandoned property: property left at a site while the owner is not actively engaged in fishing, drying, or processing may be removed and disposed of by BIA at the owner's expense if the Area Director approves; the definition of "abandoned" distinguishes intentional abandonment from equipment temporarily left while a tribal member returns home between fishing periods
• § 247.11 — Additional restrictions: the Area Director may post and enforce additional site-specific rules covering camping limits, picnicking, alcohol, fires, motor vehicles, and other conduct; posted rules have the same regulatory force as Part 247 itself
• § 247.12 — No fees: neither tribal members nor their family members may be charged for using a site in accordance with Part 247; the treaty right to fish at traditional and replacement sites is not subject to access fees — a direct reflection of the treaty obligation
• § 247.13 — Winter closures: the Area Director may close facilities for necessary maintenance during winter or other off-season periods after consulting with the tribes; closures are coordinated with tribal fishing seasons to avoid disrupting access during active fishing periods
• § 247.15 — First-come, first-served: campsites, drying sheds, and other facilities are not reservable; use is on a first-come, first-served basis; no individual or family may occupy a campsite or drying shed for longer than a specified period if others are waiting — equitable sharing is a core principle given the limited facility capacity
• § 247.19 — Commercial activities: tribal members may operate commercial activities at the sites during commercial fishing seasons, but only activities incidental to treaty fishing (fish sales, equipment rental to other tribal members); non-fishing commercial enterprises are not permitted on site
• § 247.21 — Appeals: decisions by the Area Director may be appealed to the Commissioner of Indian Affairs; decisions of the Commissioner may be appealed to the Secretary of the Interior; the standard interior administrative appeal process applies

How It Affects You

If you are a member of one of the four treaty tribes: Part 247 governs the physical conditions under which you can use the Columbia River access sites — what you can build, how long you can occupy a facility, and what happens to equipment you leave behind. Your treaty right to fish at usual and accustomed places is established by the treaty itself and enforced by federal court decrees, not by Part 247; the regulation covers site management, not fishing rights. The no-fee guarantee in § 247.12 means BIA cannot charge you for access. Disputes over individual Area Director decisions — whether a structure was properly authorized, whether property was properly removed — go through the standard BIA administrative appeal process.

If you are a federal or state resource manager: Columbia River salmon management involves a complicated multi-party structure: the four treaty tribes, Oregon, Washington, Idaho, and federal agencies (NMFS, FWS, BPA) negotiate allocation and harvest levels under the United States v. Oregon consent decree framework. Part 247's physical site management rules are entirely separate from that allocation framework. BIA's responsibility is the physical infrastructure that allows tribal members to exercise treaty-guaranteed access; NMFS and the states handle the biological and harvest management side.

If you follow Pacific Northwest water and dam policy: The Columbia River access sites represent a permanent federal obligation arising from the drowning of Celilo Falls. Celilo was one of the most important salmon fishing and trading sites in North America — estimated to have been continuously used for 15,000+ years. Its 1957 submersion under The Dalles Dam reservoir was a traumatic loss for the treaty tribes. The replacement access sites established by the 1964 Compact are physical acknowledgment of that loss; Part 247 governs how they are maintained and used. Ongoing debates about possible partial dam removal on the lower Snake River (a four-dam complex above its confluence with the Columbia) involve the same four tribes as primary stakeholders — their treaty fishing rights and the viability of salmon runs that support those rights are central to every major Columbia Basin water policy decision.

Legal Authority

This rule implements:

• 25 U.S.C. § 2 — BIA's general authority to manage Indian affairs
• 25 U.S.C. § 9 — The Secretary of the Interior's authority to prescribe rules governing the Indian country

The underlying treaty rights themselves derive from the mid-nineteenth-century treaties between the United States and each of the four tribes — the Treaty of Walla Walla (1855, for Yakama, Umatilla, and Nez Perce) and the Treaty of Middle Oregon (1855, for Warm Springs). Those treaties' "usual and accustomed places" fishing rights have been interpreted and enforced through federal court decisions, most importantly the United States v. Oregon litigation that has proceeded since 1969.

Recent Rulemakings

No significant amendments to Part 247 in recent years. The regulation reflects the 1964 Compact structure and has remained stable. Ongoing management of the access sites occurs through Area Director administrative orders and site-specific rules posted under § 247.11 rather than formal CFR amendments.

Pending Action

No formal rulemaking on Part 247 is currently pending. Tribal advocacy for enhanced site facilities and possible expansion of access points continues through federal consultation channels under the United States v. Oregon proceeding. Lower Snake River dam removal debates (involving the four treaty tribes as primary stakeholders) may generate new federal obligations regarding replacement fishing infrastructure, but no specific Part 247 amendment has been proposed.