Laws of 100th Congress – Second Session

LAWS OF 100th CONG.-2nd SESS.

TITLE IV-COLUMBIA RIVER TREATY FISHING ACCESS SITES

Sec 401 (a) All Federal lands within the area described on maps numbered HR2677 sheets 1 through 12, dated September 21, 1988, Secretary of the Army and the Columbia River Gorge Commission shall, on and after the date of enactment of this Act, be administered to provide access to usual and accustomed fishing areas and ancillary fishing facilities for members of the Nez Perce Tribe, the Confederated Tribes of Umatilla Indian Reservation, the Confederated Tribes and Bands of the Yakima Indian Nation.

(b) Notwithstanding any other provision of law, the Secretary of the army shall-

(1) identify and acquire additional lands adjacent to the Bonneville Pool from willing sellers until such time that at least six sites have been acquired adjacent to the Bonneville Pool for the purpose of providing access and ancillary fishing facilities for the members of the Indian tribes referred to in subsection (a); and

(2) improve the lands referred to in subsections (a) and paragraph (1) of subsection (b) and maintain such lands until such time as the lands are transferred to the Department of the Interior for the purpose of maintaining the sites.  Such improvements shall include, but not be limited to, camping and park facilities to the same standards as those provided in the National Park System; all weather access roads and boat ramps; docks; sanitation; fish cleaning, curing, and ancillary fishing facilities; electrical and sewage facilities; and landscaping; and

(3) make improvements at existing sites, including but not limited to dredging at the site at Wind River, Washington, and constructing a boat ramp on or near the site at Cascade Locks Oregon.

(c) The Secretary of the Army shall treat the costs of implementation of paragraphs (2) and (3) of subsection (b) as project costs of the Army Corps of Engineers Columbia River projects, and such costs shall be allocated in accordance with existing principles of allocating Columbia River project costs.  Funds heretofore and hereafter appropriated of Columbia River projects may be used to defray the costs of accomplishing the purposes of this Act.

(d) There is hereby authorized to be appropriated a sum not to exceed $2,000,000 to implement the purposes of subsection (b)(1)

(e) The Secretary of the Interior shall be vested with the right of first refusal, after consultation with the Indian shall be vested with the right of (a), to accept any lands adjacent to the Columbia River within the Bonneville, Dalles, and John Day Pools now owned or subsequently acquired by any Federal agency and declared to be excess lands or otherwise offered for sale or lease by such Federal agency, and upon such acceptance, such Federal agency and declared to be excess lands or otherwise offered for sale or lease by such Federal agency, and upon acceptance, such Federal agency shall transfer such lands to the Secretary for the purpose of Indian treaty fishing: Provided however, That total acreage of sits provided under this section adjacent to the Bonneville Pool of the Columbia River not exceed three hundred and sixty acres.

(f) Nothing in this Act shall be construed as repealing,, superseding, or modifying any right, privilege, or immunity granted, reserved, or established pursuant to treaty, statute, or Executive order pertaining to any Indian tribe, band, or community.

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