Page:United States Statutes at Large Volume 112 Part 4.djvu/696

 112 STAT. 2681-667 PUBLIC LAW 105-277—OCT. 21, 1998 (2) EASEMENTS, RIGHTS-OF-WAY, LEASES, AND COST-SHARING AGREEMENTS.— The Department shall maintain all easements, rights-of-way, leases, and cost-sharing agreements that are in effect as of the date of the transfer. (g) HUNTING AND FISHING.— (1) IN GENERAL. —Nothing in this title affects jurisdiction over the land and water below the exclusive flood pool of the Missouri River within the State of South Dsikota, including affected Indian reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue in perpetuity to exercise the jurisdiction the State and Tribes possess on the date of enactment of this Act. (2) No EFFECT ON RESPECTIVE JURISDICTIONS.—The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in paragraph (1). (h) APPLICABILITY OF LAW.— Notwithstanding any other provision of this Act, the following provisions of law shall apply to land transferred under this section: (1) The National Historic Preservation Act (16 U.S.C. 470 et seq.), including sections 106 and 304 of that Act (16 U.S.C. 470f, 470W-3). (2) The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh). (3) The Native American Graves Protection Act and Repatriation Act (25 U.S.C. 3001 et seq.), including subsections (a) and (d) of section 3 of that Act (25 U.S.C. 3003). SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES. (a) IN GENERAL.— (1) TRANSFER. —The Secretary of the Army shall transfer to the Secretary of the Interior the land and recreation areas described in subsections (b) and (c). (2) CORPS OF ENGINEERS.— The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized purpose of the project under the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.), or other applicable law. (3) SECRETARY OF THE ARMY.— The Secretary of the Army shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this section or draw down a project reservoir, as necessary to csirry out an authorized purpose of a project. (4) TRUST. —The Secretary of the Interior shall hold in trust for the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe the land transferred under this section that is located within the external boundaries of the reservation of the Indian Tribes. (b) LAND TRANSFERRED. — The land described in this subsection is land that— (1) is located above the top of the exclusive flood pool of the Big Bend and Oahe projects of the Pick-Sloan Missouri River Basin program;

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