Page:United States Statutes at Large Volume 112 Part 4.djvu/691

 PUBLIC LAW 105-277 —OCT. 21, 1998 112 STAT. 2681-662 Tribe elects to conduct a program under this subsection, the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe (in consultation with the United States Fish and Wildlife Service and the Secretary and with an opportunity for public comment) shall develop a plan to lease land for the protection and development of wildlife habitat, including habitat for threatened and endsuigered species, associated with the Missouri River ecosystem. (B) USE FOR PROGRAM.— The plan shall be used by the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe in carrying out the program carried out under paragraph (1). (3) CONDITIONS OF LEASES,—Each lease covered under a program carried out under paragraph (1) shall specify that the owner of the property that is subject to the lease shall provide— (A) public access for sportsmen during hunting season; and (B) public access for other outdoor uses covered under the lease, as negotiated by the landowner and the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe. (4) USE OF ASSISTANCE.— (A) STATE OF SOUTH DAKOTA. — If the State of South Dakota conducts a program under this subsection, the State may use funds made available under section 803(d)(3)(A)(iii) to— (i) acquire easements, rights-of-way, or leases for management and protection of wildlife habitat, including habitat for threatened and endangered species, and public access to wildlife on private property in the State of South Dakota; (ii) create public access to Federal or State land through the purchase of easements or rights-of-way that traverse such private property; or (iii) lease land for the creation or restoration of a wetland on such private property. (B) CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE.— If the Cheyenne River Sioux Tribe or the Lower Brule Sioux Tribe conducts a program under this subsection, the Tribe may use funds made available under section 804(d)(3)(A)(iii) for the purposes described in subparagraph (A). (c) FEDERAL OBLIGATION FOR TERRESTRIAL WILDLIFE HABITAT MITIGATION FOR THE BIG BEND AND OAHE PROJECTS IN SOUTH DAKOTA.— The establishment of the trust funds under sections 803 and 804 and the development and implementation of plans for terrestrial wildlife habitat restoration developed by the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe in accordance with this section shall be considered to satisfy the Federal obligation under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife habitat mitigation for the State of South Dakota, the Cheyenne River Sioxix Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program.

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