$690 INDIAN LANDS, COLUMBIA BASIN PROJECT the reservoir to be set aside for the Indians are to be put. Ibid. No special rights inure to the Indians from any other source. By virtue of the act of July 1, 1892 (27 Stat. 62), the southern and eastern boundary of the Colville Reservation extends to the middle of the channel of the Columbia River. By the Executive order of January 18, 1881, the bed of the Spokane River to the south bank thereof was included in the Spokane Indian Reservation. Even if it be assumed that the titles to the beds of the Columbia and Spokane Rivers were not taken and extinguished under the act of June 29, 1940, it cannot be made a source of additional special rights for the Indians. The special rights accorded to the Indians by the act are plainly denominated lieu rights. They are therefore to be deemed an exclusive substitute for whatever rights the Indians may have enjoyed prior to the enactment of the statute by reason of their rights of ownership. Ibid. However, the Indians are not confined to those parts of the reservoir set aside for their "paramount" use. In such areas of the reservoir they will enjoy special rights. But in the reservoir as a whole, insofar as they may have access to it, they may enjoy such privileges as are accorded to the general public in navigable waters, which include those of hunting and fishing, floating logs and navigation. The Indians may also take advantage of section 10 of the act of August 4, 1939 (43 U.S.C. sec. 387), which gives the Secretary power to grant leases, licenses, easements or rights-of-way over lands acquired and administered under the Federal reclamation laws. Ibid. Since the act declares that the areas set aside for the Indians shall be for their "paramount" use for hunting, fishing and boating, such use is neither exclusive of the same use by other persons, nor exclusive of any other use by other persons. However, the Secretary is under a duty to maintain the paramount character of the Indian use, and if he finds that this can be accomplished only by according the Indians exclusive rights in the areas set aside for them, he is empowered to do so. He may make such rights exclusive in all parts of the Indian areas, or at particular locations, or at particular times, or give greater freedom to the Indians in making use of the reservoir than is permitted to others. Ibid. Since the rights of the Indians will not necessarily be exclusive, there is no present need to decide whether the Indians may license others to enjoy their rights. Ibid. Although the Bureau of Reclamation, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service are all interested in the Columbia River Reservoir area, its administration is vested in the Secretary of the Interior rather than in any particular bureau, and the Secretary by virtue of Section 161 of the Revised Statutes (now 5 U.S.C. sec. 22) may elect any one or more of the interested agencies to administer any part of the reservoir area. Ibid. There is no good reason to doubt the constitutionality of the provision of the act which gives the Secretary of the Interior authority to prescribe reasonable regulations for the protection and conservation of fish and wildlife in the areas set aside for Indian use. The constitutionality of the act is supported by the property interest of the United States in the reservoir area; the power of Congress to control the navigable waters of the United States; and the powers of Congress over Indians and Indian affairs. Ibid. 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 INDIAN LANDS, COLUMBIA BASIN PROJECT 691 credit on the books of said agency to the accounts of the individuals concerned. (54 Stat. 703; 16 U.S.C. § 835e) EXPLANATORY NOTE References in the Text. The Act of May law, shall be set aside in a special Treasury 17, 1926 (44 Stat 560), referred to in the account and used, in the discretion of the text, provides that miscellaneous revenues Secretary of the Interior, for the benefit derived from Indian reservations, agencies of the Indian tribes, agencies and schools and schools, not otherwise earmarked by on whose behalf they were collected. Sec. 3. [Funds of allottees may be used for acquisition of other landsLands 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. (54 Stat. 703; 16 U.S.C. § 835f) Sec. 4. [Secretary to select other cemetery lands-Authorized to remove bodies and markers thereto-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. (54 Stat. 703; 16 U.S.C. § 835g) Sec. 5. [Authority of the Secretary.]—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. (54 Stat. 704; 16 U.S.C. § 835h) EXPLANATORY NOTE Legislative History. H.R. 9445, Public No. 2350. Law 690 in the 76th Congress. H. R. Rept. 692 SALE OF LANDS TO CONCONULLY CEMETERY ASSOCIATION An act authorizing the Secretary of the Interior to sell certain land to the Conconully Cemetery Association. (Act of June 29, 1940, ch. 492, 54 Stat. 705) [Secretary of Interior may cause patent to issue to Conconully Cemetery Association excepting land necessary for Reclamation purposes.]—Subject to Executive Order Numbered 1032 of February 25, 1909, withdrawing lot 5, section 7, township 35 north, range 25 east, Willamette meridian, Okanogan County, Washington, and other lands, and setting them apart for the use of the Department of Agriculture as preserves and breeding grounds for native birds, the Secretary of the Interior, upon payment therefor at the rate of $1.25 per acre, may cause a patent to issue to the Conconully Cemetery Association, for cemetery uses, for all of lot 5, section 7, township 35 north, range 25 east, Willamette meridian, Okanogan County, Washington, except the three hundred-foot strip along the westerly border of such lot, heretofore determined by the Commissioner of Reclamation to be necessary for reclamation purposes, which shall be excepted from such grant. Except for the uses herein authorized, neither this Act nor the patent that may issue thereunder shall be construed as abrogating or in any manner affecting the aforesaid Executive order of February 25, 1909, which order shall otherwise remain in full force unless and until revoked by the President or by Act of Congress. (54 Stat. 705) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. H.R. 8316, Public Law 693 in the 76th Congress. H.R. Rept. 693 ADDITIONAL WATER FOR WAPATO INDIAN IRRIGATION PROJECT An act to authorize the appropriation for payment of the cost of providing additional water for the Wapato Indian irrigation project, Washington. (Act of July 1, 1940, ch. 496, 54 Stat. 707) [$800,000 to be credited to Reclamation Fund to defray cost of additional water.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $800,000, and credited to the reclamation fund, to defray the actual cost of furnishing an additional quantity of water annually of one hundred thousand acre-feet which is needed to provide adequate irrigation for forty acres each of the Indian allotments of the Yakima Reservation as contemplated by the Act of August 1, 1914, and as set out in the terms of the agreement between the Bureau of Reclamation and the Office of Indian Affairs, approved by the Secretary of the Interior September 3, 1936, the same to be made available in amounts not to exceed $20,000 annually for forty years. (54 Stat. 707) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act of August 1, 1914, referred to in the text, appears herein in chronological order. Cross Reference: Irrigation Construction Costs, Wapato Project. The Act of February 24, 1938, 52 Stat. 80, authorizes a per acre per-annum assessment of $1.25 against those lands of the Wapato Indian irrigation project subject to construction assessments. The 1938 Act appears herein in chronological order. Legislative History. H.R. 3402, Public Law 695 in the 76th Congress. H.R. Rept. No. 2477. S. Rept. No. 882 (on S. 1065). 694 AMEND COLORADO RIVER FRONT WORK AND LEVEE SYSTEM ACT An act to authorize defraying cost of necessary work between the Yuma project and Boulder Dam. (Act of July 1, 1940, ch. 498, 54 Stat. 708). [Appropriation from Treasury of $100,000 annually to defray cost of Colorado River Front Work and Levee System.]-The provision of the Act entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved January 21, 1927, is amended to read as follows: "There is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, for the fiscal year ending June 30, 1928, and annually thereafter, the sum of $100,000, or so much thereof as may be necessary, to be spent by the Reclamation Bureau under the direction of the Secretary of the Interior to defray the cost of operating and maintaining the Colorado River front work and levee system adjacent to the Yuma Federal irrigation project in Arizona and California and to defray the cost of other necessary protection works and systems along the Colorado River between said Yuma project and Boulder Dam." (54 Stat. 708) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. 1946 Amendment. The Act of June 28, 1946, 60 Stat. 338, amended the Act of January 21, 1927, 44 Stat. 1010, as amended by this Act. The amendment has been incorporated herein in the 1927 Act. Both the 1927 and 1946 Acts appear herein in chronological order. Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of January 21, 1927. Legislative History. H.R. 7116, Public Law 697 in the 76th Congress. H.R. Rept. No. 2011. S. Rept. No. 1712. |