INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE SEVENTY-SIXTH CONGRESS, THIRD SESSION, 1940-1941.
Chap. 49  | Chap. 51 | Chap. 77 | Chap. 78 | Chap. 79 | Chap. 80 | Chap. 107 | Chap. 158 | Chap. 159 | Chap. 206 | Chap. 276 | Chap. 280 | Chap. 283 | Chap. 285 | Chap. 304 | Chap. 315 | Chap. 318 | Chap. 320 | Chap. 322 | Chap. 355 | Chap. 323 | Chap. 359 | Chap. 395 | Chap. 396 | Chap. 412 | Chap. 413 | Chap. 415 | Chap. 421 | Chap. 432 | Chap. 437 | Chap. 460 | Chap. 496 | Chap. 497 | Chap. 552 | Chap. 554 | Chap. 555 | Chap. 565 | Chap. 629 | Chap. 687 | Chap. 715 | Chap. 761 | Chap. 780 | Chap. 781 | Chap. 785 | Chap. 787 | Chap. 844 | Chap. 845 | Chap. 851 | Chap. 861 | Chap. 876 | Chap. 895 | Chap. 906 | Chap. 921

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Chapter 460
June 29, 1940 [H. R. 9445] |  [Public No. 690] 54 Stat. 703

AN ACT
For the acquisition of Indian lands for the Grand Coulee Dam and Reservoir, and for other purposes.
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 460 Grand Coulee Dam project. Acquisition of Indian lands.
Chap. 460 Proviso. Restriction; exception.
Chap. 460 Construction of pipe lines, etc.
Chap. 460 Use of reservoir land for hunting, etc., by Indians.
Chap. 460 Proviso. Noninterference with project operations.
Sec. 2 Compensation to Indians.
Sec. 2 Credit of funds to appropriate tribe.
Sec. 2 25 U. S. C. § 155.
Sec. 2 Payments to individual landowners.
Sec. 3 Use of funds for acquisition of other lands, etc.
Sec. 4 Relocation of Indian cemeteries.
Sec. 4 704
Sec. 4 Payment of costs.
Sec. 4 Sites held in trust by U.S.
Sec. 5 Regulations, etc.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.

The Secretary of the Interior, in lieu of reserving rights of hunting, fishing, and boating to the Indians in the areas granted under this

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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.

SEC. 2.

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 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.

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.

Approved, June 29, 1940.


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