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1994 Columbia River Basin Fish and Wildlife Program |
| Council document 94-55 | |
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1.6 Indian Rights
In writing the Northwest Power Act, Congress stressed the importance of recognizing the legal rights of Indian tribes in this program. Section 4(h)(6)(D) of the Act requires program measures to be consistent with the legal rights of Indian tribes. Section 10(e) emphasizes that nothing in the Act affects or modifies Indian rights. Section 10(h) confirms that the Act does not limit Indian water rights. The full scope of Indian rights and their application in specific situations remains unclear. In some cases, those rights are being litigated. The Council is not in a position to adjudicate those rights and does not purport to do so in this program (see Section 14).
Nonetheless, the Council recognizes that the decline of fish and wildlife, particularly listed salmon and resident fish populations, poses problems for Indian tribes to whom the U.S. government has special responsibilities. The Council's program must be consistent with the rights of these tribes. The Council is committed to meeting its own responsibilities and to helping the federal agencies meet theirs, while addressing the needs of the region's fish and wildlife.