184

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, 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 electrictransmission lines in connection with the project, or for the relocation or reconstruction of such facilities made necessary by the construction of the project.

[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 185

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 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.

SEC. 4. [Secretary to select other cemetery lands-authorized to remove bodies and markers thereto-Costs to be paid from project appropriationsRights 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.

186

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, 54 Stat. 795)

[Secretary of Interior may cause patent to issue to Conconully Cemetery Association excepting land necessary for Reclamation purposes.]—That 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.

187

APPROPRIATION FOR ADDITIONAL WATER FOR WAPATO INDIAN RECLAMATION PROJECT, WASHINGTON

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, 54 Stat. 707)

SEC. 1. [$800,000 to be credited to Reclamation Fund to defray cost of additional water.]-That 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.

188

COLORADO RIVER FRONT WORK AND LEVEE SYSTEM

An act to authorize defraying cost of necessary work between the Yuma project and Boulder Dam. (Act of July 1, 1940, 54 Stat. 708)

SEC. 1. [Appropriation from Treasury of $100,000 annually to defray cost of Colorado River Front Work and Levee System.]-That 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.

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