Memorandum of Agreement
MEMORANDUM OF AGREEMENT AMONG THE BUREAU OF RECLAMATION, NATIONAL PARK SERVICE, AND OFFICE OF INDIAN AFFAIRS RELATING TO THE PLANNING, DEVELOPMENT, AND ADMINISTRATION OF THE COULEE DAM RECREATIONAL AREA
1. Whereas, the Bureau of Reclamation (herein called Reclamation) in connection with its responsibility for the construction, operation, and maintenance of the Columbia Basin Project has withdrawn or acquired lands and will acquire additional lands under the Federal Reclamation Laws, being the Act of June 17, 1902 (32 Stat. 388) and acts amendatory thereof and supplementary thereto, including the Columbia Basin Project Act (57 Stat. 14) and the pertinent portion of section 2 of the Act of August 30, 1935 (49 Stat. 1028, 1039) for the construction, operation, and maintenance of the Grand Coulee Dam and the reservoir formed thereby;
2. Whereas, the Committee for the Study of Problem No. 26, Joint Investigations, Columbia Basin Project, has found that the recreational and other natural resources of the Franklin D. Roosevelt Lake and adjacent lands under the jurisdiction of Reclamation, which together comprise the reservoir area, offer unusual opportunities through sound planning, development, and management for health, social, and economic gains for the people of the Nation;
3. Whereas, approximately onefourth of the reservoir area is contiguous to Indian lands in the Spokane and Colville Reservations under the jurisdiction of the Office of Indian Affairs (herein called the Indian Office), which area has potential uses for recreation and other beneficial purposes;
4. Whereas, there is an interrelationship between the development of recreational and other natural resources of the reservoir area and the contiguous Indian lands;
5. Whereas, the Congressional Act, approved June 29, 1940 (54 Stat. 703), for the acquisition of Indian lands for the reservoir area and for other purposes, provides, among other things (paragraph 2 of section 1), as follows:
and the Solicitor of the Department of the Interior has written an opinion under date of December 29, 1945, M. 34326, construing the same;
6. Whereas, the use of the portion or portions of the reservoir area set aside for the paramount use of the Indians for hunting, fishing, and boating purposes under authorization of said Act will vitally affect planning and use of the area by others for recreation and other purposes;
7. Whereas, the National Park Service (herein called the Service) is specialized and experienced in planning, developing, maintaining, and managing areas devoted to recreational uses, among others, and by the Act of June 23, 1936 (49 Stat. 1894), is authorized to cooperate with other Federal agencies in developing recreational programs; and
8. Whereas, the respective parties to this agreement are in a position to supply the services herein provided and, in accordance with the provisions of Title VI of the Act of Congress of June 30, 1932 (47 Stat. 417), it has been determined to be in the interest of the Government to use such services;
NOW THEREFORE, Reclamation, the Service, and the Indian Office, with the approval of the Secretary of the Interior, do hereby mutually agree as follows:
1. There is attached hereto a set of maps marked "Exhibit A"*, comprising 4 sheets numbered RACD7001l, 2, 3, and 4, dated April 15, 1946, on which are shown by general location: (a) the entire reservoir area; (b) the portion thereof comprising the Coulee Dam Recreational Area (here in called the Recreational Area); and (c) the portions of the reservoir area, within the outer boundaries of the Recreational Area, hereby set aside, in accordance with the provisions of section 1 of the Act of June 29, 1940 (54 Stat. 703), for the paramount use for hunting, fishing, and boating purposes by, respectively, the Indians of the Spokane Reservation and of the Colville Reservation. The latter portions are designated herein, respectively, the Spokane Indian Zone and the Colville Indian Zone. Detailed data as to the boundaries of the Recreational Area and of the Indian Zones, as they may hereafter be modified by proper authority, will be kept available in the files of Reclamation.
2. The dominant consideration in the administration and utilization of the Recreational Area under this agreement shall be the purposes for which the Grand Coulee Dam is being constructed, operated, and maintained; these purposes being controlled floods, improving navigation, regulating flow of the streams of the United States, providing for storage and for the delivery of the stored waters thereof, for the reclamation of public lands and Indian Reservations, and other beneficial uses, and for the generation of electrical energy.
3. As between the agencies party to this agreement, Reclamation shall retain: (a) complete and exclusive control of the flow and utilization of water at Grand Coulee Dam and of all public access to Grand Coulee Dam and appurtenant works; and (b) complete jurisdiction and authority over and responsibility for Grand Coulee Dam and appurtenant works, the town of Coulee Dam, and such project lands adjacent thereto as the Commissioner of Reclamation, with the approval of the Secretary, may determine to be necessary for the construction, operation, and maintenance of the Dam and appurtenant works. As of the date of this agreement, the lands coming within the scope of (b) of this article are shown on the attached map No. B3153, dated October 7, 1941, marked "Exhibit B"*, and are herein called the Reclamation Zone.
4. The Service, acting for Reclamation and in accordance with the provisions of the Federal Reclamation Laws, shall have jurisdiction and authority over the Recreational Area, and of all developments and activities and responsibilities under this agreement, subject:
5. The Indian Office shall have jurisdiction and authority over the Indian Zones: (a) to the extent necessary to administer the paramount uses for hunting, fishing and boating accorded to the Indians therein, subject to such rules and regulations as may be prescribed with respect thereto by the Secretary of the Interior under the Act of June 29, 1940; (b) to the extent necessary, acting for Reclamation and in accordance with the Federal Reclamation Laws, to administer grazing and agricultural uses of lands within the designated Indian Zones; and (c) to the extent necessary to issue permits for and to administer log dumping operations within the designated Indian Zones, under conditions mutually agreed to with the Service.
6. The desirability of the Service participating in the planning and development of the Recreational Area is recognized because of its experience and the trained personnel at its command. The Service will be agreeable, however, with the consent of Reclamation and the Indian Office and with the approval of the Secretary, to transferring to any State or other local qualified and responsible political subdivision, the development, operation, and management of facilities that may have been installed.
7. Undertaking to perform the necessary functions relating to the planning, development, and management of the Recreational Area by the Service in no way implies that this Area is a part of, or intended to become a unit, the National Park System or that the basic preservation policies under which the National Parks and Monuments are administered shall necessarily be applied in the planning, development, and management of the recreational resources of the Recreational Area.
8. The Service will periodically submit itemized estimates of the cost of carrying out its functions and responsibilities hereunder and Reclamation, within the limits of funds that are available for these purposes, will advance to the Service sufficient funds to cover these estimates.
9. The Indian Office and the Service shall submit periodically to Reclamation such reports of their activities hereunder as may be mutually agreed upon by each with Reclamation.
10. All undertakings of the agencies party hereto are contingent on funds required therefor having been made available by Congress.
11. This agreement, while delineating the Zones within the Reservoir Area for the paramount use of the Indians of the Spokane and Colville Reservation for hunting, fishing, and boating purposes, and while providing for certain other rights to be exercised by these Indians, shall not be construed as waiving any other rights of those Indians within the Reservoir Area, which they might have under the Act of June 29, 1940.
Functions of the Bureau of Reclamation
Subject to the other provisions of this agreement. Reclamation will:
1. In connection with its operation and administration of the Reclamation Zone, have the responsibility for all recreational activities therein.
2. Consult with the Service on all matters in connection with the recreational development of the Reclamation Zone.
3. Provide such facilities in the Reclamation Zone as are mutually agreed on by Reclamation and the Service for use by the Service in connection with its administration of the Recreational Area.
4. Establish and enforce rules and regulations governing public access to Grand Coulee Dam and appurtenant works.
5. Provide directly or by contract, such skilled guide and lecture service at the Dam as may be necessary to give the visiting public the important facts regarding the project, including geology of the region, the history and purposes of the Dam's construction, and coordinate such activity with any related service which may be established elsewhere in the Recreational Area by the Service.
6. Establish and, in cooperation with the Service, enforce such limits of approach to the Dam or to the Recreational Area as may be necessary either for its efficient functioning or protection or for the safety of the public.
Functions of the National Park Service
Subject to the other provisions of this agreement, the Service will:
1. Be responsible for the preparation of all plans for the development of facilities required for recreational and other uses of the Recreational Area; and arrange for the construction, operation, and maintenance of recreational facilities, except those which may be provided under the direction of the Indian Office in accordance with Part IV hereof.
2. Establish and effectuate policies regarding all uses of the lands of the Recreational Area, except within the Indian Zones with respect to the agricultural and grazing uses and to the hunting, fishing, and boating rights of the Indians.
3. Negotiate contracts for supplying the necessary public services related to any recreational use of the Recreational Area, except such facilities as may be provided for the Indians under Part IV hereof; and prescribe and enforce reasonable rates and standards for the supplying of such services not inconsistent with controlling rates and standards adopted by State and Federal regulatory authorities.
4. Issue permits granting the right: (a) to use lands in the Recreational Area for legitimate industrial and recreational purposes, including the construction operation, and maintenance of suitable facilities therefor, except those which may be issued by the Indian Office within the Indian Zones, under this agreement; and (b) to make agricultural and grazing uses of lands in the Recreational Area, exclusive of the Indian Zones.
5. Cause to be included in every permit, license, lease, contract, or other instrument which it executes providing for the use of lands in the Recreational Area, provisions, satisfactory in form to Reclamation, recognizing that the purposes for which the project was authorized are dominant with respect to the lands involved, and effecting releases and indemnifications to and for the United States, its successors and assigns, and its officers, agents, employees, and contractors engaged in the construction, operation, and maintenance of the project works.
6. Assume the responsibility for the administration of all contracts, leases, licenses, permits, and other instruments outstanding as of the date of this agreement under which rights to the use of lands within the Recreational Area have been granted under the Federal Reclamation Laws.
7. Collect all payments due from permits, licenses, leases, contracts, or other instruments for which the Service is responsible providing for use of lands within the Recreational Area, and deposit in a special deposit account for transfer periodically to Reclamation for credit as required by law.
8. Designate, in consultation with the Indian Office, those sites within the Indian Zones that are wellsuited to development for recreational purposes; and designated sites mutually agreed on by the Service and Indian Office shall be deemed to be public recreational sites and may be fenced or otherwise protected by the Service to prevent interference therewith.
9. Make and enforce such rules and regulations, not inconsistent with controlling rules and regulations of State or Federal regulatory authorities:
10. Coordinate its activities with those of the Fish and Wildlife Service, the Indian Office, and the Washington State Game Commission for the conservation of fish and wildlife in the Recreational Area.
11. Cooperate with all duly constituted authorities in the control of all transportation on the Recreational Area, whether by land, water, or air.
12. Establish and maintain supervisory, informational, and protective services as may be necessary for the safe and full use of the Recreational Area for recreational purposes; and correlate the fire prevention and suppression activities of all agencies having responsibility within the Recreational Area, except the Indian Zones, to the end that such regulations and agreements as are necessary therefor shall be made and carried out.
13. Extend advice and counsel (a) to Reclamation in connection with any park, museum, landscape, resort, or recreational development within the Reclamation Zone whether intended primarily for the use of the residents of that area or the visiting public; and (b) when requested to do so, to the Indian Office in connection with its planning or development and use of the recreational resources of the Colville and Spokane Indian Reservations.
Functions of the Office of Indian Affairs
Subject to the other provisions of this agreement, the Indian Office will:
1. Have the responsibility for administration of the Indians' paramount uses for hunting, fishing, and boating in the Indian Zones, under such rules and regulations as may be promulgated by the Secretary of the Interior with respect thereto.
2. Issue and administer agricultural and grazing permits or leases for lands within the Indian Zones, except with respect to public recreational sites mutually agreed on with the Service and, in consultation with the Service, issue and administer log dumping permits at locations mutually agreed to, within the Indian Zones. Where permits are issued to Indians for dumping Indianowned logs, within Indian Zones, no charge will be made.
3. Transfer to Reclamation periodically the gross revenues realized from agricultural permits or leases and log dumping permits involving lands within the Indian Zones.
4. Be responsible for fire prevention and suppression activities within the Indian Zones.
5. Arrange for the construction and maintenance, under general plans prepared and mutually agreed upon with the Service, of buildings, floats, and other major structures to be used by the Indians in connection with their paramount rights for hunting, fishing, and boating purposes in the Indian Zones.
6. In addition to other responsibilities, assist the Service in its relations with Indians of the Spokane and Colville Reservations where any of these Indians become involved with the Service as the result of the activities of the Service anywhere in the Recreational Area.
Effective Date; Term of Agreement
1. This agreement will become effective on the date of its approval by the Secretary of the Interior.
2. This agreement will remain in force until terminated by the Secretary of the Interior.
/s/ Michael W. Straus
/s/ Newton B. Drury
/s/ William Zimmerman. Jr.
Approved: Dec. 18, 1946
Last Updated: 22-Apr-2003