Page:United States Statutes at Large Volume 113 Part 1.djvu/417

 PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 393 (C) FEDERAL LAND. —Jurisdiction over land and water owned by the Federal Government within the boundaries of the State of South Dakota that are not affected by this title shall remain unchsuiged. (3) EASEMENTS AND ACCESS.—The Secretary shall provide the State of South Dakota with easements and access on land and water below the level of the exclusive flood pool outside Indian reservations in the State of South Dsikota for recreational and other purposes (including for boat docks, boat remips, and related structures), so long as the easements would not prevent the Corps of Engineers from csurying out its mission under the Act entitled "An Act authorizing the construction of certain public works on rivers and heirbors for flood control, and for other purposes", approved December 22, 1944 (commonly known as the "Flood Control Act of 1944") (58 Stat. 887). (h) APPLICABILITY OF LAW. —Notwithstanding any other provision of this Act, the following provisions of law shall apply to land treuisferred 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, 470flF, 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). (i) IMPACT AID. — The land transferred under subsection (a) shall be deemed to continue to be owned by the United States for purposes of section 8002 of the Elementzoy and Secondary Education Act of 1965 (20 U.S.C. 7702). SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES. (a) IN GENERAL.— (1) TRANSFER.— The Secretciry of the Army shall transfer to the Secretary of the Interior the land and recreation areas described in subsections (b) and (c) for the use of the Indian Tribes in perpetuity. (2) CORPS OF ENGINEERS.— The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized pvirpose 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 iniuidate with water the land transferred to the Secretary of the Interior under this section or draw down a project reservoir, as necessary to carry 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— 69-194-01- 14:QL3Part 1

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