Page:United States Statutes at Large Volume 112 Part 4.djvu/741

 PUBLIC LAW 105-277—OCT 21, 1998 112 STAT. 2681-712 SEC. 1004. SALE OF PROPERTIES. (a) IN GENERAL.— Consistent with the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a purchaser— (1) all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick- Sloan Missouri River Basin Program; and (2) perpetual easements for— (A) vehicular access to each property; (B) access to and use of 1 dock per property; and (C) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of enactment of this Act. (b) DESCRIPTION OF PROPERTIES.— (1) IN GENERAL.—The properties to be conveyed are— (A) the 265 cabin sites of the Bureau of Reclamation located along the northern end of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; and (B) any small parcel contiguous to any property (not including shoreline or land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding and facilitate administration of surrounding land remaining in Federal ownership. (2) ACREAGE; LEGAL DESCRIPTION.—The acreage and legal description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA. (3) RESTRICTIVE USE COVENANT. — (A) IN GENERAL.— In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that the use restrictions to carry out subparagraphs (B) and (C) shall— (i) be appurtenant to, and run, with each property; and (ii) be binding on each subsequent owner of each property. (B) ACCESS TO RESERVOIR. — (i) IN GENERAL.—The Secretary, the purchaser, CFRA, and the subsequent owners of each property shall ensure that— (I) public access to and along the shoreline of the Reservoir in existence on the date of enactment of this Act is not obstructed; and (II) adequate public access to and along the shoreline of the Reservoir is maintained. (ii) FEDERAL RECLAMATION LAW. — (I) IN GENERAL. —No conveyance of property under this Act shall restrict or limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental

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