25 C.F.R. § 248.2
Persons eligible to use sites
The in-lieu fishing sites are for the benefit of the Yakima, Umatilla, and Warm Springs Indian Tribes, and such other Columbia River Indians, if any, who had treaty fishing rights at locations inundated or destroyed by Bonneville Dam, to be used in accordance with treaty rights. The use of the sites is restricted to such Indians; however, this shall not preclude the use of camping areas on the sites by the families of such Indians.
Notes of Decisions
Cited in 2
cases, 1990–2012 · leading case: Sohappy v. Hodel, 911 F.2d 1312 (9th Cir. 1990).
Sohappy v. Hodel, 911 F.2d 1312 (9th Cir. 1990). “” 25 C.F.R. § 248.2 (emphasis added). Thus, under the BIA’s regulations, whether the Indians have the right to maintain permanent residences on the in-lieu sites depends solely on whether they had the right to do so on the treaty fishing grounds.”
State v. Jim, 273 P.3d 434 (Wash. 2012). “2d at 908 -09 (citing former 25 C.F.R. § 248.2 (1987)). Treaty fishing access sites, including Maryhill, are similarly subject to federal regulation preserving the site for the exclusive use of the beneficiary tribes.”
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