TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.

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). (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— (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;112 STAT. 2681–668 (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 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 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 804. (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.—Nothing in this title affects jurisdiction over the land and waters below the exclusive flood pool and within the external boundaries of the Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue to exercise, in perpetuity, the jurisdiction they possess on the date of enactment of this Act with regard to those lands and waters. The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the 112 STAT. 2681–669Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in the preceding sentence. Jurisdiction over the land transferred under this section shall be the same as that over other land held in trust by the Secretary of the Interior on the Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux Tribe reservation. (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 costsharing 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 costsharing agreements described in subparagraph (A).