Page:United States Statutes at Large Volume 106 Part 6.djvu/179

 PUBLIC LAW 102-575—(XT. 30, 1992 106 STAT. 4737 the improvements thereon) to the Secretary of the Interior to be administered as set out in subsection (c). (2) The lands referred to in paragraph (1) are those Federal lands acquired from individual Indian owners by the United States for the Oahe Dam and Reservoir Project pursuant to the Act of September 2, 1958 (Public Law 85-915), and from non-Indian owners (either by purchase or condemnation), and (A) which extend southerly from the south shore of the Cannonball River, in Sioux County, North Dakota to a point along the boundary between the Standing Rock and Cheyenne River Indian Reservations, in Dewey County, South Dakota; and (B) which are located at or above contour elevation one thousand six hundred and twenty feet mean sea level. (c) RIGHT OF FIRST REFUSAL. —<1) The Secretary of the Interior shall, within one year following the date of the enactment of this title, offer to the Standing Rock Sioux Tribe, and to such individual Indian owners and non-Indian owners from whom such lands were acquired, or their heirs or assigns, a right of first refusal, for a period to be determined b^ the Secretary of the Interior not to exceed twelve months following notice of the offer to the Standing Rock Sioux Tribe, owners, heirs or assigns, to purchcise at fair market value any land, in the case of the Standing Rock Sioux Tribe, described in subsection (a), and in the case of individual Indian and non-Indian owners, described in subsection (b), which was so acquired. If any such owner, or his or her heirs or assigns, refuses or fails to exercise their right to repurchase, an option to purchase such lands shall be afforded to the Standing Rock Sioux Tribe. (2) Lands purchased from the Secretary of the Interior by such former owners, or their heirs or assigns, under this subsection shall not be sold by the former owners, their heirs or assigns, within the five-year period following such purchase, unless the Standing Rock Sioux Tribe has been afforded a right of first refiisid to purchase such lands. Such right of first refusal shall afford the Tribe— (A) thirty days from such notification to inform the prospective seller whether the Tribe intends to exercise its right of first refusal to purchase such lands at the price of the bona fide ofier, and (B) one year from such notification to complete the purchase of such lands under its right of first refusal. (d) CONSIDERATION.—In consideration for the transfer of the lands described above, the Secretary of the Interior, or his designee, shall be responsible for determining the location of contour elevation one thousand six hundred and twenty feet mean sea level by survey- ing and monumenting such contour at intervals no greater than five hundred feet. The survey and monumentation shall be completed within two years after the date of the enactment of this title. (e) RESERVATIONS.—The United States hereby reserves the Serpetual right, power, privilege and easement permanently to overow, flood, submerge, saturate, percolate and erode the land described in subsections (a) and (b) in connection with the operation and maintenance of the Oahe Dam and Lake Project, as authorized by the Act of Congress approved December 22, 1944, and the continuing right to clear and remove any brush, debris and natural

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