(continued) endangered species, and public access to wildlife
on private property in the State of South Dakota;
(ii) create public access to Federal or State
land through the purchase of easements or rights-
of-way that traverse such private property; or
[[Page 113 STAT. 388]]
(iii) lease land for the creation or
restoration of a wetland on such private property.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--If the Cheyenne River Sioux Tribe or the Lower
Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 604(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 603 and 604 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall be
considered to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne River
Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe
projects carried out as part of the Pick-Sloan Missouri River Basin
program.
SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall transfer $10,000,000 from the general
fund of the Treasury to the Fund.
(c) Investments.--
(1) In general.--At the request of the Secretary, the
Secretary of the Treasury shall invest the amounts deposited
under subsection (b) only in interest-bearing obligations of the
United States or in obligations guaranteed by the United States
as to both principal and interest.
(2) Interest rate.--The Secretary of the Treasury shall
invest amounts in the fund in obligations that carry the highest
rate of interest among available obligations of the required
maturity.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--Subject to section
602(a)(4)(A), the Secretary shall withdraw amounts credited as
interest under paragraph (1) and transfer the amounts to the
State of South Dakota for use as State funds in accordance with
paragraph (3) after the Fund has been fully capitalized.
(3) Use of transferred funds.--
[[Page 113 STAT. 389]]
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 602(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
602(b);
(IV) carry out other activities
described in section 602; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary may not transfer or withdraw any amount deposited
under subsection (b).
(f)
Administrative <
> Expenses.--There
are authorized to be appropriated to the Secretary of the Treasury such
sums as are necessary to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION
TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall transfer $5,000,000 from the
general fund of the Treasury to the Funds.
(2) Allocation.--Of the total amount of funds deposited in
the Funds for a fiscal year, the Secretary of the Treasury shall
deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--
[[Page 113 STAT. 390]]
(1) In general.--The Secretary of the Treasury shall invest
the amounts deposited under subsection (b) only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
(2) Interest rate.--The Secretary of the Treasury shall
invest amounts in the Funds in obligations that carry the
highest rate of interest among available obligations of the
required maturity.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for
their use in accordance with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
602(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe developed
under section 602(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
respective Tribe by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
602(b);
(IV) carry out other activities
described in section 602; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
[[Page 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.--All
permits, rights-of-way, and easements granted by the
Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam 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 retain the right to
inundate with water the land transferred to the Department 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 Missouri 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
[[Page 113 STAT. 392]]
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 603.
(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,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(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.--Except as provided in this section, nothing
in this title affects jurisdiction over the waters of the
Missouri River below the water's edge and outside the exterior
boundaries of an Indian reservation in South Dakota.
(2) Jurisdiction.--
(A) Transferred land.--On transfer of the land under
this section to the State of South Dakota, jurisdiction
over the land shall be the same as that over other land
owned by the State of South Dakota.
(B) Land between the missouri river water's edge and
the level of the exclusive flood pool.--Jurisdiction
over land between the Missouri River water's edge and
the level of the exclusive flood pool outside Indian
reservations in the State of South Dakota shall be the
same as that exercised by the State on other land owned
by the State, and that jurisdiction shall follow the
fluctuations of the water's edge.
[[Page 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 unchanged.
(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 Dakota for recreational and
other purposes (including for boat docks, boat ramps, and
related structures), so long as the easements would not prevent
the Corps of Engineers from carrying out its mission under the
Act entitled ``An Act authorizing the construction of certain
public works on rivers and harbors 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
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).
(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 Elementary 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 Secretary 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 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 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--
[[Page 113 STAT. 394]]
(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;
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(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 within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, shall prepare a map of the land 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 and the
Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe 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 State and tribal Trust Fund described in
section 604.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred to, and held in trust by,
the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Hunting and fishing.--
(A) In general.--Except as provided in this section,
nothing in this title affects jurisdiction over the
waters of the Missouri River below the water's edge and
within the exterior boundaries of the Cheyenne River
Sioux and Lower Brule Sioux Tribe reservations.
(B) Jurisdiction.--
[[Page 113 STAT. 395]]
(i) In general.--On transfer of the land to
the respective tribes under this section,
jurisdiction over the land and on land between the
water's edge and the level of the exclusive flood
pool within the respective Tribe's reservation
boundaries shall be the same as that over land
held in trust by the Secretary of the Interior on
the Cheyenne River Sioux Reservation and the Lower
Brule Sioux Reservation, and that jurisdiction
shall follow the fluctuations of the water's edge.
(ii) Jurisdiction unaffected.--Jurisdiction
over land and water owned by the Federal
Government and held in trust for the Cheyenne
River Sioux Tribe and Lower Brule Sioux Tribe that
is not affected by this title shall remain
unchanged.
(C) Easements and access.--The Secretary shall
provide the Tribes with such easements and access on
land and water below the level of the exclusive flood
pool inside the respective Indian reservations for
recreational and other purposes (including for boat
docks, boat ramps, and related structures), so long as
the easements would not prevent the Corps of Engineers
from carrying out its mission under the Act entitled
``An Act authorizing the construction of certain public
works on rivers and harbors for flood control, and for
other purposes'', approved December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat.
887).
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases, and
cost-sharing agreements that are in effect as of the
date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
(g) Exterior Indian Reservation Boundaries.--Nothing in this section
diminishes, changes, or otherwise affects the exterior boundaries of a
reservation of an Indian Tribe.
SEC. 607. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological resources,
except as specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
[[Page 113 STAT. 396]]
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'') (33 U.S.C.
1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private property
caused by the operation of the Pick-Sloan Missouri River Basin program.
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.).
SEC. 608. STUDY.
(a) In General.--The Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs and
other appropriate Federal agencies, to complete, not later than October
31, 1999, a comprehensive study of the potential impacts of the transfer
of land under sections 605(b) and 606(b), including potential impacts on
South Dakota Sioux Tribes having water claims within the Missouri River
Basin, on water flows in the Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 605(b) or 606(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
(c) State Water Rights.--The results of the study shall not affect,
and shall not be taken into consideration in, any proceeding to quantify
the water rights of any State.
(d) Indian Water Rights.--The results of the study shall not affect,
and shall not be taken into consideration in, any proceeding to quantify
the water rights of any Indian Tribe or tribal nation.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title;
[[Page 113 STAT. 397]]
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 602(a) and other
activities under sections 603(d)(3) and 604(d)(3); and
(3) to fund the annual expenses (not to exceed the Federal
cost as of the date of enactment of this Act) of operating
recreation areas to be transferred under sections 605(c) and
606(c) or leased by the State of South Dakota or Indian Tribes,
until such time as the trust funds under sections 603 and 604
are fully capitalized.
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are necessary
to pay the administrative expenses incurred by the Secretary of the
Interior in carrying out this title.
Approved August 17, 1999.
LEGISLATIVE HISTORY--S. 507 (H.R. 1480):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-106, Pt. 1 accompanying H.R. 1480 (Comm. on
Transportation and Infrastructure) and 106-298 (Comm. of Conference).
SENATE REPORTS: No. 106-34 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Apr. 19, considered and passed Senate.
July 22, considered and passed House, amended, in lieu of
H.R. 1480.
Aug. 5, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Aug. 17, Presidential statement.