Page:United States Statutes at Large Volume 112 Part 4.djvu/689

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-660 (2) PRESERVATION OF RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLORADO RIVER. —Th is Act shall not be considered to supersede or otherwise affect any treaty, law, decree, contract, or agreement governing use of water from the Colorado River. All activities teiken under this Act must be carried out in a manner consistent with rights and obligations of persons under those treaties, laws, decrees, contracts, and agreements. TITLE VI—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE OF SOUTH DAKOTA TERRES- TRIAL WILDLIFE HABITAT RESTORATION SEC. 601. DEFINITIONS. In this title, the followingdefinitions apply: (1) RESTORATION.— The term "restoration" means mitigation of the habitat of wildlife. (2) TERRESTRIAL WILDLIFE HABITAT.— The term "terrestrial wildlife habitat" means a habitat for a wildlife species (including game and nongame species) that existed or exists on an upland habitat (including a prairie grassland, woodland, bottom land forest, scrub, or shrub) or an emergent wetland habitat. (3) WILDLIFE.— The term "wildlife" has the meaning given the term in section 8 of the Fish and Wildlife Coordination Act (16 U.S.C. 666b). SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION. (a) TERRESTRIAL WILDLIFE HABITAT RESTORATION PLANS.— (1) IN GENERAL.—In accordance with this subsection and in consultation with the Secretary and the Secretary of the Interior, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall, as a condition of the receipt of funds under this title, each develop a plan for the restoration of terrestrial wildlife habitat loss that occurred as a result of flooding related to the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program. (2) SUBMISSION OF PLAN TO SECRETARY. — On completion of a plan for terrestrial wildlife habitat restoration, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall submit the plan to the Secretary. (3) REVIEW BY SECRETARY AND SUBMISSION TO COMMIT- TEES. —The Secretary shall review the plan and submit the plan, with any comments, to the appropriate committees of the Senate and the House of Representatives. (4) FUNDING FOR CARRYING OUT PLANS.— (A) STATE OF SOUTH DAKOTA.— (i) NOTIFICATION.—On receipt of the plan for terrestrial wildlife habitat restoration submitted by the State of South Dakota, each of the Committees referred to in paragraph (3) shall notify the Secretary of the Treasury of the receipt of the plan, (ii) AVAILABILITY OF FUNDS.— On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the State of South Dakota funds from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section

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