Page:United States Statutes at Large Volume 100 Part 5.djvu/770

 100 STAT. 4244

95 Stat. 1138.

PUBLIC LAW 99-662—NOV. 17, 1986

tions in a manner compatible with the migratory waterfowl refuge purpose of the project. (d) The non-Federal share of the cost of contributions to governments in Canada, as authorized by this section, shall be in accordance with title I of this Act for the amount over $23,600,000. The total Federal cost of work authorized by this section and by section I l l of the Energy and Water Development Appropriation Act, 1982, as modified herein, and including related dam safety measures, is $69,100,000. SEC. 1125. GARRISON LAND TRANSFER.

North Dakota. o*, • ' '''

£jv>>fri'i «h'>;*•j' "'

Flood control.

(a) Except as otherwise provided in this section, all rights, title, and interests of the United States in the lands described in subsection O >, including all improvements thereon, are hereby declared to b) be held in trust by the United States for the benefit and use of the Three Affiliated Tribes of the Fort Berthold Reservation and to be part of the Fort Berthold Reservation. OD) The lands held in trust under subsection (a) are— (1) approximately 136.44 acres lying above elevation 1850 feet (mean sea level) and the probable ultimate erosion line (other than those portions which lie north of North Dakota State Highway 23) in the following sections of township 152 north, range 93 west of the Fifth Principal Meridian, McKenzie County, North Dakota: Section 15: south half of the southwest quarter, Section 21: northeast quarter and northwest quarter of the southeast quarter, and Section 22: north of the half northwest quarter; and (2) approximately 16.40 acres lying above elevation 1850 feet (mean sea level) situated in the west half southwest quarter, section 15, township 152 north, range 93 west of the Fifth Principal Meridian, McKenzie County, North Dakota, and more particularly described as follows: Commencing a t the q u a r t e r corner common to sections 15 and 16; thence east along the q u a r t e r line a distance of 1,320.0 feet to the t r u e point of beginning; the n c e north 45 degrees 0 m i n u t e s east a distance of 891.0 feet; the n c e south 0 degrees 3 m i n u t e s east a distance of 1,518.0 feet; thence to a point on a line which bears south 0 degrees 3 m i n u t e s east from the point of beginning; thence north 0 degrees 3 m i n u t e s west to the point of beginning, (c) In consideration for the transfer in t r u s t described above, the

Secretary of the Interior shall transfer to the United States lands of equal value held in trust for the Three Affiliated Tribes of the Fort Berthold Reservation which are required for the maintenance and operation of the Garrison Dam and Reservoir Project: Provided, That the Tribes shall retain the right to use such lands for grazing purposes when such lands are not subject to flooding. The United States shall not be responsible for damages to property or injuries to persons which may arise from, or be incident to, the use of said lands. (d) The United States hereby retains a flowage and sloughing easement for the purpose of flood control and related Garrison Dam and Reservoir project purposes over that portion of the lands described in subsection (b) that lie below the greater elevation of— (1) 1860 feet (mean sea level), or

�