Page:United States Statutes at Large Volume 113 Part 1.djvu/415

 PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 391 (1) TRANSFER. — (A) IN GENERAL.—The Secretary shall transfer to the Department of Game, Fish and Parks of the State of South Dakota (referred to in this section as the "Department") the land and recreation areas described in subsections (b) and (c) for fish and wildlife purposes, or public recreation uses, in perpetuity. (B) PERMITS, RIGHTS-OF-WAY, AND EASEMENTS.—A ll permits, rights-of-way, and easements grginted by the Secretary to the Oglala Sioux Tribe for land on the west side of the Missouri River between the Oahe Daxa and Highway 14, and all permits, rights-of-way, and easements on any other land administered by the Secretary and used by the Oglala Sioux Rural Water Supply System, are granted to the Oglala Sioux Tribe in perpetuity to be held in trust under section 3(e) of the Mni Wiconi Project Act of 1988 (102 Stat. 2568). (2) USES. — The Department shall maintain and develop the land outside the recreation areas for fish and wildlife purposes in accordance with— (A) fish and wildlife purposes in effect on the date of enactment of this Act; or (B) a plan developed under section 602. (3) 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. (4) SECRETARY.— The Secretary shall retsdn the right to inundate with water the land transferred to the Depsirtment under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project. (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 Oahe, Big Bend, Fort Randall, and Gavin's Point projects of the Pick-Sloan Missoiui River Basin program; (2) was acquired by the Secretary for the implementation of the Pick-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 facilities 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 boundaries 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 Dakota and the State of Nebraska in effect on the date of

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