Tribal Rights, Water Rich 

 The role of Fish & Wildlif 



A. Recognition of 

 Tribal Role 



Tlic Council recognizes tliat ihc 

 Indian tribes in the Columbia 

 River Basin lia\e vital inter- 

 ests directly aftl'cted by activities cov- 

 ered in this program. These Indian 

 tribes are sovereigns with go\crnmen- 

 tal rights over their lands and people, 

 and with rights over natural resources 

 which are reserved by or protected 

 in treaties, executive orders, and fed- 

 eral statutes. The United States has a 

 trust obligation toward hidian tribes to 

 preserve and protect these rights and 

 authorities. Nothing in this program is 

 intended to atTect or niodii\' any trust 

 or treaty right of an Indian tribe. The 

 Council also recognizes that imple- 

 mentation of this program will require 

 significant interaction and cooperation 

 with the tribes, and commits to work- 

 ing with the tribes in a relationship that 

 recognizes the tribes" interests in co- 

 management of affected fish and wild- 

 life resources, and respects the sover- 

 eignty of tribal governments. 









B. Water Rig 



As provided by the Northwest 

 Power Act, nothing in this program 

 shall atTcct the rights or jurisdictions 

 of the United States, the states, Indian 

 tribes, or other entities over waters 

 of any river or stream or over any 

 groundwater resources or otherwise 

 be construed to alter or establish the 

 respective rights of States, the United 

 States, Indian Tribes, or any person 

 with respect to any water or water- 

 related right. 



C. Role of Fish and 

 Wildlife Agencies 



The Northwest Power Act envi- 

 sions a strong role for fish and wild- 

 life agencies and Indian tribes in 

 developing the provisions of this pro- 

 gram. In Sections 4(h)(6)(A) and 

 4(h)(6)(D) of the Act, the Council is 

 directed to include program measures 

 that it detennines (A) "complement 

 the existing and future activities of 

 the Federal and the region's State fish 

 and wildlife agencies and appropriate 

 Indian tribes" and ( D) "will be con- 

 sistent with the legal rights of appro- 

 priate Indian tribes in the region." 



2000 COLUM 



53 



