TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA. (a) In General.— (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 802. (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—112 STAT. 2681–666 (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 waters 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 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 803. (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).112 STAT. 2681–667 (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 Dakota, 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).