16 U.S.C. § 835d — Acquisition of Indian lands, Spokane and

Page 1501 TITLE 16—CONSERVATION § 835d Editorial Notes REFERENCES IN TEXT This 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, known as The Columbia Basin Project Act, which enacted this section, sections 835, 835a to 835c–1, and 835c–3 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 1962—Pub. L. 87–728 substituted ‘‘for the repayment thereof’’ for ‘‘under section 835a of this title’’. § 835c–3. Repealed. Pub. L. 87–728, § 3, Oct. 1, 1962, 76 Stat. 678 Section, act May 27, 1937, ch. 269, § 7, as added Mar. 10, 1943, ch. 14, 57 Stat. 20; amended Sept. 27, 1950, ch. 1060, 64 Stat. 1074, related to the consent of the State of Washington to the provisions of sections 835 and 835a to 835c–5 of this title, and to the effect of constitutional limitations. § 835c–4. General powers of Secretary of the Inte- rior; delegation to authorized representa- tives The Secretary is authorized to perform such acts, to make such rules and regulations, and to include in contracts relating to the Columbia Basin project such provisions as he deems proper for carrying out the provisions of this Act; and in connection with sales or exchanges under the Act, he is authorized to effect conveyances with- out regard to the law governing the patenting of public lands. Wherever in this Act functions, powers, or duties are conferred upon the Sec- retary, said functions, powers, or duties may be performed, exercised, or discharged by his duly authorized representatives. (May 27, 1937, ch. 269, § 8, as added Mar. 10, 1943, ch. 14, 57 Stat. 20; amended Pub. L. 87–728, § 6(c), Oct. 1, 1962, 76 Stat. 679.) Editorial Notes REFERENCES IN TEXT This Act and the Act, referred to in text, are ref- erences to act May 27, 1937, ch. 269, as amended gen- erally by act Mar. 10, 1943, ch. 14, 57 Stat. 14, known as The Columbia Basin Project Act, which enacted this section, sections 835, 835a to 835c–3, and 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 1962—Pub. L. 87–728 substituted ‘‘contracts relating to the Columbia Basin project’’ for ‘‘the contracts herein- before provided for’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 835c–5. Repealed. Pub. L. 87–728, § 3, Oct. 1, 1962, 76 Stat. 678 Section, act May 27, 1937, ch. 269, § 9, as added Mar. 10, 1943, ch. 14, 57 Stat. 20, related to the consent of the Government to the sale of school and public lands of the State of Washington. § 835d. Acquisition of Indian lands, Spokane and Colville Reservations In aid of the construction, operation and maintenance of the Columbia Basin project (for- merly the Grand Coulee Dam project), author- ized 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 struc- tures 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 hun- dred and ten feet above sea level as shown by Bureau of Land Management surveys, except in Klaxta town site and except where in the judg- ment 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 in- terests 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 construc- tion of pipe lines, highways, railroads, tele- graph, telephone, and electric-transmission lines in connection with the project, or for the reloca- tion or reconstruction of such facilities made necessary by the construction of the project. The Secretary of the Interior, in lieu of reserv- ing 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 Indi- ans 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 wild- life: Provided, That the exercise of the Indians’ rights shall not interfere with project oper- ations. The Secretary shall also, where nec- essary, grant to the Indians reasonable rights of access to such area or areas across any project lands. Page 1502 TITLE 16—CONSERVATION § 835e (June 29, 1940, ch. 460, § 1, 54 Stat. 703; Dec. 16, 1944, ch. 602, 58 Stat. 813; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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 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. Executive Documents TRANSFER OF FUNCTIONS Functions of General Land Office transferred to Bu- reau of Land Management by Reorg. Plan No. 3 of 1946. See note set out under section 1 of Title 43, Public Lands. § 835e. Payment for lands acquired from Spokane and Colville Reservations As lands or interests in lands are designated from time to time under sections 835d to 835h of this title, the Secretary of the Interior shall de- termine the amount of money to be paid to the Indians as just and equitable compensation therefor. As to the tribal lands, the amounts so determined shall be transferred in the Treasury of the United States from the funds now or here- after made available for the construction of the Columbia Basin project to the credit of the ap- propriate tribe pursuant to the provisions of sec- tion 155 of title 25. The amounts due individual landowners or their heirs or devisees shall be paid from funds now or hereafter made available for the construction of said project to the super- intendent of the Colville Indian Agency or such other officer as shall be designated by the Sec- retary of the Interior for credit on the books of said agency to the accounts of the individuals concerned. (June 29, 1940, ch. 460, § 2, 54 Stat. 703; May 27, 1937, ch. 269, § 1, 50 Stat. 208; Mar. 10, 1943, ch. 14, 57 Stat. 14.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Act May 27, 1937, as amended by act Mar. 10, 1943, changed name of project from ‘‘Grand Coulee Dam’’ to ‘‘Columbia Basin’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 835f. Use of funds deposited to allottees; land and improvements Funds deposited to the credit of allottees, their heirs or devisees may be used in the discre- tion of the Secretary of the Interior, for the ac- quisition of other lands and improvements, or the relocation of existing improvements or con- struction of new improvements on the lands so acquired for the allottees or heirs whose lands and improvements are acquired under the provi- sions of sections 835d to 835h of this title. Lands so acquired shall be held in the same status as those from which the funds were derived, and shall be nontaxable until otherwise provided by Congress. (June 29, 1940, ch. 460, § 3, 54 Stat. 703.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 835g. Relocation of Indian cemeteries As to any Indian cemetery lands required for the project, the Secretary of the Interior is au- thorized, in his discretion, in lieu of requiring payment therefor, to establish cemeteries on other lands that he may select and acquire for the purpose, and to remove bodies, markers, and other appurtenances to the new sites. All costs incurred in connection with any such relocation shall be paid from moneys appropriated for the project. All right, title, and interest of the Indi- ans in the lands within any cemetery so relo- cated shall terminate and the grant of title under sections 835d to 835h of this title take ef- fect as of the date the Secretary of the Interior authorizes the relocation. Sites of the relocated cemeteries shall be held in trust by the United States for the Spokane or Colville Tribe, as the case may be, and shall be nontaxable. (June 29, 1940, ch. 460, § 4, 54 Stat. 703.) Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.