---
kind: "range"
citation: "16 U.S.C. §§ 835d–835g"
title: "16"
from: "835d"
to: "835g"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/16/835d..835g"
---

# §835d. Acquisition of Indian lands, Spokane and Colville Reservations


In aid of the construction, operation and maintenance of the Columbia Basin [project](/usc/16/410r–5.md?p=c-4) (formerly the Grand Coulee Dam [project](/usc/16/410r–5.md?p=c-4)), 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 section and [sections 835e to 835h](/usc/16/835e..835h.md) 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 structures and unsold lands in the Klaxta town site, as may be designated therefor by the [Secretary](/usc/16/410r–5.md?p=c-1) 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 Bureau of Land Management surveys, except in Klaxta town site and except where in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-4), or for the relocation or reconstruction of such facilities made necessary by the construction of the [project](/usc/16/410r–5.md?p=c-4).

The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, in lieu of reserving rights of hunting, [fishing](/usc/16/7901.md?p=b), and boating to the Indians in the [areas](/usc/16/539m–1.md?p=1-A) granted under this section and [sections 835e to 835h](/usc/16/835e..835h.md) of this title, shall set aside approximately one-quarter of the entire reservoir [area](/usc/16/539m–1.md?p=1-A) for the paramount use of the Indians of the Spokane and Colville Reservations for hunting, [fishing](/usc/16/7901.md?p=b), and boating purposes, which rights shall be subject only to such reasonable regulations as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe for the protection and [conservation](/usc/16/6456.md?p=2) of fish and wildlife: Provided, That the exercise of the Indians’ rights shall not interfere with [project](/usc/16/410r–5.md?p=c-4) operations. The [Secretary](/usc/16/410r–5.md?p=c-1) shall also, where necessary, grant to the Indians reasonable rights of access to such [area](/usc/16/539m–1.md?p=1-A) or [areas](/usc/16/539m–1.md?p=1-A) across any [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/835d..835h.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/1421h.md?p=2) now or hereafter made available for the construction of the Columbia Basin [project](/usc/16/410r–5.md?p=c-4) to the credit of the appropriate tribe pursuant to the provisions of [section 155 of title 25](/usc/25/155.md). The amounts due individual landowners or their heirs or devisees shall be paid from [funds](/usc/16/1421h.md?p=2) now or hereafter made available for the construction of said [project](/usc/16/410r–5.md?p=c-4) to the superintendent of the Colville Indian Agency or such other officer as shall be designated by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for credit on the books of said agency to the accounts of the individuals concerned.


# §835f. Use of funds deposited to allottees; land and improvements


[Funds](/usc/16/1421h.md?p=2) deposited to the credit of allottees, their heirs or devisees may be used in the discretion of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, for the [acquisition](/usc/16/620e.md?p=1) 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 [sections 835d to 835h](/usc/16/835d..835h.md) of this title. Lands so acquired shall be held in the same status as those from which the [funds](/usc/16/1421h.md?p=2) were derived, and shall be nontaxable until otherwise provided by Congress.


# §835g. Relocation of Indian cemeteries


As to any Indian cemetery lands required for the [project](/usc/16/410r–5.md?p=c-4), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620e.md?p=1) 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](/usc/16/410r–5.md?p=c-4). All right, title, and interest of the Indians in the lands within any cemetery so relocated shall terminate and the grant of title under [sections 835d to 835h](/usc/16/835d..835h.md) of this title take effect as of the date the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior authorizes the relocation. Sites of the relocated cemeteries shall be held in [trust](/usc/16/450ss–1.md?p=4) by the United States for the Spokane or Colville Tribe, as the case may be, and shall be nontaxable.