Lake Roosevelt Currents and Undercurrents An Administrative History of Lake Roosevelt National Recreation Area

June 29, 1940

ACQUISITION OF INDIAN LANDS FOR GRAND COULEE DAM

An act for the acquisition of Indian lands for the Grand Coulee Dam and Reservoir, and for other purposes. (Act of June 29, 1940, ch. 460, 54 Stat. 703)

SEC. 1. [Indians' rights to lands granted for Grand Coulee Dam—No lands taken above elevation 1310—Interests granted for pipe lines, highways, railroads, telegraph and telephone, electric transmission lines.]—That, in aid of the construction of the Grand Coulee Dam project, authorized by the Act of August 30, 1935 (49 Stat. 1028), there is hereby granted to the United States, subject to the provisions of this Act, (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 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 General Land Office surveys, except in Klaxta town site; and (b) such other interests in or to any of 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.

NOTE

In connection with the relocaton of roads made necessary by the construction of the project, the Secretary has on occasion designated, at the request of the Bureau, "all right, title and interest of the Indians," rather than designating a lesser interest. Letters approved November 18, 1940, and December 31, 1940, by the Secretary.

[One-quarter reservoir to be set aside for Indians for hunting, fishing and boating—Indians' rights not to interfere with project operations.]—The Secretary of the Interior, in lieu of reserving rights of hunting, fishing, and boating to the Indians in the areas granted under this Act, 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.

ACQUISITION OF INDIAN LANDS FOR GRAND COULEE DAM

SEC. 2. [Secretary to determine equitable compensation—Compensation for tribal lands to be deposited in Treasury to credit of appropriate tribe—Compensation for individuals to be paid to superintendent of the Colville Indian Agency for individuals.]—As lands or interests in lands are designated from time to time under this Act, the Secretary of the Interior shall determine 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 hereafter made available for the construction of the Grand Coulee Dam project to the credit of the appropriate tribe pursuant to the provisions of the Act of May 17, 1926 (44 Stat. 560). 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 superintendent of the Colville Indian Agency or such other officer as shall be designated by the Secretary of the Interior for credit on the books of said agency to the accounts of the individuals concerned.

SEC. 3. (Funds of allottees may be used for acquisition of other lands—Lands thus acquired to be held in same status—Nontaxable until otherwise provided by Congress]—Funds deposited to the credit of allottees, their heirs or devisees may be used in the discretion of the Secretary of the Interior, for the acquisition of other lands and improvements, or the relocation of existing improvements or construction of new improvements on the lands so acquired for the allottees or heirs whose lands and improvements are acquired under the provisions of this Act. 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.

SEC. 4. (Secretary to select other cemetery lands—authorized to remove bodies and markers there to—Costs to be paid from project appropriations—Rights of Indians in cemeteries relocated to terminate—Sites of relocated cemeteries shall be held in trust by United States for Indians.]—As to any Indian cemetery lands required for the project, the Secretary of the Interior is authorized, 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 Indians in the lands within any cemetery so relocated shall terminate and the grant of title under this Act take effect 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.

SEC. 5. The Secretary of the Interior is hereby authorized to perform any and all acts and to prescribe such regulations as he may deem appropriate to carry out the provisions of this Act.

NOTE

Regulations governing the designation of lands, the determination of compensation, and related problems were approved by the Department September 3, 1940.

Legislative history.—H. R. 9445, Public Law 690 in the 76th Congress. House Report 2350 with amendment. 86 Congr. Rec. 7411; 8838.

December 16, 1944

ACQUISITION OF INDIAN LANDS FOR GRAND COULEE DAM AND RESERVOIR

An act to amend section 1, Act of June 29, 1940 (54 Stat. 703), for the acquisition of Indian lands for the Grand Coulee Dam and Reservoir, and for other purposes. (Act of December 16, 1944, ch. 601, 53 Stat. 813)

[In special circumstances lands may be taken above elevation 1310—Lands taken for operation and maintenance.]—That the first paragraph of section 1 of the Act approved June 29, 1940 (54 Stat. 703), be amended to read as follows: "That, 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 Act, (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 General Land Office 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, rail roads, 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."

Legislative history.—S. 1597 (H.R. 3869), Public Law 497 in the 78th Congress, Senate Report 827 with amendment; House Report 2003. 90 Congr. Rec. 5053; 9320.