Page:United States Statutes at Large Volume 112 Part 4.djvu/695

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-666 (1) is located above the top of the exclusive flood pool of the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of the Pick-Sloan Missouri River Basin program; (2) was acquired by the Secretary for the implementation of the Rck-Sloan Missouri River Basin program; (3) is located outside the external boundaries of a reservation of an Indian Tribe; and (4) is located within the State of South Dakota. (c) RECREATION AREAS TRANSFERRED.— A recreation area described in this section includes the land and waters within a recreation area that— (1) the Secretary determines, at the time of the transfer, is a recreation area classified for recreation use by the Corps of Engineers on the date of enactment of this Act; (2) is located outside the external boimdaries of a reservation of an Indian Tribe; (3) is located within the State of South Dakota; (4) is not the recreation area known as "Cottonwood", "Training Dike", or 'Tailwaters"; and (5) is located below Gavin's Point Dam in the State of South Dakota in accordance with boundary agreements and reciprocal fishing agreements between the State of South Dsikota and the State of Nebraska in effect on the date of enactment of this Act, which agreements shall continue to be honored by the State of South Dakota as the agreements apply to any land or recreation areas transferred under this title to the State of South Dakota below Gavin's Point Dam and on the waters of the Missouri River. (d) MAP. — (1) IN GENERAL. —The Secretary, in consultation with the Department, shall prepare a map of the land and recreation areas transferred under this section. (2) LAND. —The map shall identify— (A) land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and (B) dams and related structures; which shall be retained by the Secretary. (3) AVAILABILITY. — The map shall be on file in the appropriate offices of the Secretary. (e) SCHEDULE FOR TRANSFER.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Army and the Secretary of the Department shall jointly develop a schedule for transferring the land and recreation areas under this section. (2) TRANSFER DEADLINE.— All land and recreation areas shall be transferred not later than 1 year after the full capitalization of the Trust Fund described in section 803. (f) TRANSFER CONDITIONS.— The land and recreation areas described in subsections (b) and (c) shall be transferred in fee title to the Department on the following conditions: (1) RESPONSIBILITY FOR DAMAGE.— The Secretary shall not be responsible for any damage to the land caused by flooding, slougWng, erosion, or other changes to the land caused by the operation of any project of the Rck-Sloan Missouri River Basin program (except as otherwise provided by Federal law).

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