
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
