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 of Decisions
Cassidy v. United States, 875 F. Supp. 1438 (E.D. Wash. 1994).
· cites it 10× “703 ), 16 U.S.C. § 835d. Congress further provided that: The Secretary of Interior, in lieu of reserving rights of hunting, fishing, and boating to the Indians in the areas granted under this Act [16 U.”
United States v. Newmont USA Ltd., 504 F. Supp. 2d 1050 (E.D. Wash. 2007).
· cites it 3× “16 U.S.C. § 835d. Pursuant to the Congressional instruction provided in the foregoing Acts of June 19, 1902 and May 29, 1908, allotment # 156, located on the Spokane Reservation was issued to Edward Boyd on January 24, 1910.”
Confederated Tribes of the Colville Reservation v. United States, 20 Cl. Ct. 31 (Ct. Cl. 1990).
“More than 3,000 acres of tribal “fast” lands 11 located in the southern half of the Colville Reservation were designated for acquisition by the Secretary of the Interior pursuant to § 1 of the Act of June 29, 1940, codified as amended at 16 U.S.C. § 835d. After these tribal…”
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