[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1341

  To provide for mitigation of terrestrial wildlife habitat lost as a 
  result of the construction and operation of the Pick-Sloan Missouri 
    River Basin program in the State of South Dakota, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 29, 1997

  Mr. Daschle (for himself and Mr. Johnson) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for mitigation of terrestrial wildlife habitat lost as a 
  result of the construction and operation of the Pick-Sloan Missouri 
    River Basin program in the State of South Dakota, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cheyenne River Sioux Tribe, Lower 
Brule Sioux Tribe, and State of South Dakota Terrestrial Wildlife 
Habitat Mitigation Act of 1997''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) under the Act of December 22, 1944 (commonly known as 
        the ``Flood Control Act of 1944'') (58 Stat. 887, chapter 665; 
        33 U.S.C. 701-1 et seq.), Congress approved the Pick-Sloan 
        Missouri River Basin program--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (2) the Big Bend and Oahe projects are major components of 
        the Pick-Sloan Missouri River Basin program that contribute to 
        the national economy by generating a substantial amount of 
        hydropower and impounding a substantial quantity of water to 
        provide flood control and other benefits for all States and 
        tribes in the Missouri River Basin;
            (3) to carry out the Pick-Sloan Missouri River Basin 
        program, the Secretary of the Army acquired approximately 
        500,000 acres of land from the State of South Dakota, 4 Indian 
        tribes, and private individuals;
            (4) as of the date of enactment of this Act, of the acreage 
        referred to in paragraph (3), approximately 200,000 acres 
        remain at an elevation above that of the top of the exclusive 
        flood pool of the projects of the program;
            (5) of the approximately 200,000 acres of dry land referred 
        to in paragraph (4), approximately 80,000 acres are located 
        within the exterior boundaries of the Cheyenne River 
        Reservation, Crow Creek Reservation, Lower Brule Reservation, 
        and Standing Rock Reservation;
            (6) as a result of the inundation from the construction of 
        the Big Bend and Oahe projects, the State of South Dakota and 
        the 4 Indian reservations referred to in paragraph (5) lost 
        approximately 250,000 acres of fertile, wooded bottom land 
        along the Missouri River;
            (7) the lost acreage constituted some of the most 
        productive, unique, and irreplaceable acres of wildlife habitat 
        in the State of South Dakota, including habitat for game and 
        nongame species (including species that are listed as 
        endangered or threatened species under Federal or State law);
            (8) the Federal Government has never applied the Fish and 
        Wildlife Coordination Act (16 U.S.C. 661 et seq.) in such a 
        manner as to adequately mitigate the loss of habitat in the 
        State of South Dakota and on affected Indian reservations 
        within the State;
            (9) an insufficient quantity of Federal land within the 
        boundaries of projects of the Pick-Sloan Missouri River Basin 
        program is available in the State of South Dakota to provide 
        adequate mitigation of the loss of habitat;
            (10) because of complicated land ownership patterns along 
        the Missouri River, there have been many jurisdictional 
        disputes over the control of the land along the river, 
        including disputes concerning--
                    (A) the jurisdiction of tribal or State courts over 
                hunting and fishing activities--
                            (i) on land of the Pick-Sloan Missouri 
                        River Basin program projects located within an 
                        Indian reservation; or
                            (ii) on the Missouri River;
                    (B) the establishment and enforcement of hunting 
                and fishing seasons and limits; and
                    (C) hunting and fishing license requirements;
            (11) the jurisdictional disputes referred to in paragraph 
        (10)--
                    (A) have been, and continue to be, adjudicated in 
                Federal courts; and
                    (B) have resulted in great costs to the Federal 
                Government, the State of South Dakota, and the Indian 
                tribes;
            (12) as of the date of enactment of this Act, policies of 
        the Army Corps of Engineers encourage the leasing of public 
        recreation facilities to, and the management of certain land 
        by, State and local sponsors, if feasible;
            (13) the State of South Dakota has demonstrated its ability 
        to manage public recreation areas and wildlife resources along 
        the Missouri River;
            (14) the Indian tribes have demonstrated an ability to 
        manage wildlife resources on land located within the respective 
        reservations of those Indian tribes;
            (15) the transfer of administrative jurisdiction over 
        certain land acquired for the purposes of the Pick-Sloan 
        Missouri River Basin program from the Secretary of the Army to 
        the Secretary of the Interior is in the best interest of the 
        United States, the State of South Dakota, and the Indian 
        tribes; and
            (16) the Federal Government has a trust relationship and a 
        fiduciary responsibility to Indian tribes.
    (b) Purposes.--The purposes of this Act are--
            (1) to mitigate the loss of terrestrial wildlife habitat 
        that occurred as a result of construction projects carried out 
        under the Pick-Sloan Missouri River Basin program;
            (2) to settle longstanding jurisdictional disputes over 
        land and water within the Pick-Sloan Missouri River Basin 
        program projects;
            (3) to protect, and provide public access to, the remaining 
        wildlife habitat in the State of South Dakota; and
            (4) to transfer to the Department of the Interior to be 
        held in trust for the Indian tribes of South Dakota land 
        acquired for the Pick-Sloan Missouri River Basin program within 
        existing exterior reservation boundaries, without altering any 
        boundary of a reservation of an Indian tribe established by a 
        treaty with the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' means--
                    (A) the Cheyenne River Sioux Tribe; and
                    (B) the Lower Brule Sioux Tribe.
            (2) Member.--The term ``member'' means an individual who is 
        an enrolled member of an Indian tribe.
            (3) Non-indian.--The term ``non-Indian'' means an 
        individual who is not an enrolled member of an Indian tribe.
            (4) Secretary of the army.--The term ``Secretary of the 
        Army'' means the Secretary of the Army, acting through the 
        Chief of Engineers.
            (5) Terrestrial wildlife habitat.--The term ``terrestrial 
        wildlife habitat'' means a habitat for a wildlife species 
        (including game and nongame species) that existed or exists on 
        an upland habitat (including a prairie grassland, woodland, 
        bottom land forest, scrub, or shrub) or an emergent wetland 
        habitat.

SEC. 4. LEASE OF CORPS OF ENGINEERS RECREATION LAND TO THE STATE OF 
              SOUTH DAKOTA.

    (a) In General.--At the request of the State of South Dakota, the 
Secretary of the Army shall lease to the State of South Dakota the land 
described in subsection (b) for a term not less than 50 years, with an 
option for renewal.
    (b) Land Leased.--The land described in this subsection is any 
other land within the projects of the Pick-Sloan Missouri River Basin 
program in the State of South Dakota that--
            (1) is located outside the external boundaries of a 
        reservation of an Indian tribe; and
            (2) the Secretary of the Army determines at the time of the 
        transfer is designated as a recreation area in the current 
        Project Master Plans.
    (c) Lease Conditions.--The Secretary of the Army shall lease the 
land described in subsection (b) to the State of South Dakota on the 
following conditions:
            (1) Responsibility for damage.--The Secretary of the Army 
        shall not be responsible for any damage to the land leased 
        under this section caused by sloughing, erosion, or other 
        changes to the land caused by the operation of any project of 
        the Pick-Sloan Missouri River Basin program.
            (2) Flowage easement.--The Secretary of the Army shall 
        retain a flowage easement on the land leased under this 
        section, and the lease shall not interrupt the ability of the 
        Army Corps of Engineers to operate the projects in accordance 
        with the Act of December 22, 1944 (58 Stat. 887, chapter 665; 
        33 U.S.C. 701-1 et seq.).
            (3) Management of recreation areas.--To the extent 
        consistent with other Federal law, the Secretary of the Army 
        shall not unreasonably impede or restrict the ability of the 
        State of South Dakota to freely manage the recreation areas 
        included in the lease.
            (4) Agreement by the state.--The State of South Dakota 
        shall agree--
                    (A) to carry out the duties of the State under this 
                Act, including, managing, operating, and maintaining 
                the recreation areas leased to the State under this 
                Act;
                    (B) to take such action as may be necessary to 
                ensure that the hunting and fishing rights and 
                privileges of Indian tribes described in section 5 are 
                recognized and enforced; and
                    (C) not to assess a fee for sport or recreation 
                hunting or fishing on the Missouri River by a member 
                within the boundaries of an Indian reservation.
            (5) Easements, rights-of-way, leases, and cost-sharing 
        agreements.--The State of South Dakota shall maintain all 
        existing easements, rights-of-way, leases, and cost-sharing 
        agreements that are in effect as of the date of execution of a 
        lease under this section.
            (6) Compliance with federal laws.--The State of South 
        Dakota shall ensure that the leased land described in 
        subsection (b) are used in accordance with--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (C) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                    (E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.).
    (d) Management Transition.--The Secretary of the Army shall 
continue to fund and implement, until such time as funds are available 
for use from the South Dakota Wildlife Habitat Mitigation Trust Fund 
under section 7(d)(3)(A)(i), the terrestrial wildlife habitat 
mitigation plans under section 6(a).

SEC. 5. TRANSFER OF ARMY 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 described in subsection 
        (b).
            (2) Trust.--The Secretary of the Interior shall hold in 
        trust for each Indian tribe the land transferred under this 
        section that are located within the external boundaries of the 
        reservation of the Indian tribe.
    (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 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 a 
        reservation of an Indian tribe.
    (c) Map.--The Secretary of the Army, in cooperation with the 
governing bodies of the Indian tribes, shall prepare a map of the land 
transferred under this section. The map shall be on file in the 
appropriate offices of the Secretary of the Army.
    (d) Transfer Conditions.--The land described in subsection (b) that 
was acquired for the Pick-Sloan Missouri River Basin program shall be 
transferred to, and held in trust by, the Secretary of the Interior on 
the following conditions:
            (1) Responsibility for damage.--The Secretary of the Army 
        shall not be responsible for any damage to the land transferred 
        under this section caused by 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) Flowage easement.--The Secretary of the Army shall 
        retain a flowage easement on the land transferred under this 
        section and the transfer shall not interrupt the ability of the 
        Army Corps of Engineers to operate the projects in accordance 
        with the Act of December 22, 1944 (58 Stat. 887, chapter 665; 
        33 U.S.C. 701-1 et seq.).
            (3) Access by original owners.--An original owner of land 
        (including an heir or assignee) shall be allowed access to the 
        land in accordance with subsection (e) for the purposes 
        described in that subsection.
            (4) Access by the state.--Each Indian tribe agrees to 
        provide free and unencumbered access to the State of South 
        Dakota, for purposes of fish and wildlife management, to each 
        reservoir of the Missouri River that is located on or adjacent 
        to the reservation of the Indian tribe.
            (5) Management by indian tribes.--Each Indian tribe agrees, 
        with respect to land held in trust for the Indian tribe, to 
        manage, operate, and maintain any recreation area transferred 
        to the Indian tribe under this section.
            (6) Regulation of hunting, fishing, and recreation within 
        exterior reservation boundaries.--
                    (A) Applicability.--The conditions described in 
                this paragraph shall apply--
                            (i) to the extent not inconsistent with 
                        other law;
                            (ii) except as otherwise provided in this 
                        section; and
                            (iii) with respect to--
                                    (I) the water of the Missouri River 
                                within the exterior boundaries of a 
                                reservation of an Indian tribe; and
                                    (II) land and water within the 
                                exterior boundaries of a reservation of 
                                an Indian tribe that is above the 
                                water's edge of the Missouri River, 
                                which land and water consists of 
                                allotted land and tribal trust land.
                    (B) License requirements.--
                            (i) In general.--Each Indian tribe shall 
                        allow any non-Indian to purchase a license from 
                        the Indian tribe to hunt on allotted land and 
                        trust land of the Indian tribe without being 
                        required to purchase a hunting license from the 
                        State of South Dakota.
                            (ii) Allotted land.--Hunting and fishing on 
                        allotted land shall require the permission of 
                        the allottee or a designated agent of the 
                        allottee.
                            (iii) Migratory waterfowl.--A non-Indian 
                        shall not hunt migratory waterfowl on trust 
                        land unless the non-Indian is in possession of 
                        a Federal migratory-bird hunting and 
                        conservation stamp (known as a ``Duck Stamp'') 
                        issued under the Act of March 16, 1934 (48 
                        Stat. 451, chapter 71; 16 U.S.C. 718 et seq.).
                            (iv) State game licenses.--Each Indian 
                        tribe shall honor big game and small game 
                        licenses issued by the State of South Dakota on 
                        non-Indian private deeded land and public land 
                        and water within the exterior boundaries of the 
                        reservation of the Indian tribe described in 
                        subparagraph (A)(iii) (referred to in this 
                        paragraph as the ``reservation boundaries'') 
                        without requiring a State licensee to purchase 
                        a hunting license or permit from the Indian 
                        tribe.
                            (v) Non-indian land.--A non-Indian 
                        landowner who resides within the reservation 
                        boundaries of an Indian tribe may hunt on the 
                        non-Indian's land without securing a license 
                        from the Indian tribe.
                            (vi) Deeded land.--Hunting on non-Indian 
                        and member private deeded land within the 
                        reservation boundaries of an Indian tribe shall 
                        be contingent on obtaining permission from the 
                        owner or lessee.
                            (vii) Members.--A member of an Indian tribe 
                        may hunt and fish on allotted or tribal trust 
                        land within the reservation boundaries of the 
                        Indian tribe with only a license from the 
                        Indian tribe, if such a license is required.
                    (C) Establishment of wildlife management rules.--
                            (i) Rules for members.--Each Indian tribe 
                        shall establish such regulations, seasons, and 
                        bag limits for hunting or fishing by a member 
                        on allotted land and trust land of the Indian 
                        tribe as the wildlife management agency of the 
                        Indian tribe determines appropriate.
                            (ii) Rules for non-indians.--Each Indian 
                        tribe shall establish such regulations, 
                        seasons, and bag limits for hunting or fishing 
                        by non-Indians on allotted land and trust land 
                        of the Indian tribe as the wildlife management 
                        agency of the Indian tribe determines 
                        appropriate.
                            (iii) Fishing rules.--Each Indian tribe 
                        shall adopt and enforce rules that affect 
                        fishing on the water of the Missouri River 
                        within the reservation boundaries of the Indian 
                        tribe that are agreed to by the State and 
                        affected tribe.
                    (D) Prohibitions.--
                            (i) In general.--Each Indian tribe shall--
                                    (I) prohibit the use of gill or 
                                trammel nets and snagging of fish, 
                                other than when used in a fishery 
                                management effort by a certified tribal 
                                or State game, fish, and parks officer 
                                or employee;
                                    (II) require the use of nontoxic 
                                shot in the hunting of migratory 
                                waterfowl; and
                                    (III) prohibit the sale, trade, or 
                                barter of fish or terrestrial wildlife 
                                or other such practices that are 
                                detrimental to game and fish resources.
                            (ii) Enforcement.--Each Indian tribe and 
                        the State of South Dakota shall actively 
                        enforce the prohibitions described in clause 
                        (i) against members and non-Indians without 
                        discrimination.
                    (E) Enforcement of rules.--
                            (i) Execution of cross-deputization 
                        agreements.--
                                    (I) In general.--Each Indian tribe 
                                shall enter into a cross-deputization 
                                agreement with the State of South 
                                Dakota under which tribal officers, on 
                                certification by the Law Enforcement 
                                Training and Standards Commission or 
                                after receiving equivalent Federal 
                                training, are granted the credentials 
                                of a State of South Dakota Deputy 
                                Conservation officer effective only 
                                within the reservation boundaries of 
                                the Indian tribe.
                                    (II) Provision of tribal 
                                enforcement credentials.--Each Indian 
                                tribe shall provide tribal enforcement 
                                credentials to State of South Dakota 
                                Conservation officers on proof to the 
                                tribe that the officers are certified 
                                as conservation officers under Federal, 
                                tribal, or State law, effective only 
                                within the reservation boundaries of 
                                the Indian tribe.
                            (ii) Arrests.--
                                    (I) Coordination.--Any arrest made 
                                under the authority of a cross-
                                deputization agreement shall be 
                                coordinated through the officer of the 
                                government that has prosecutorial 
                                jurisdiction for the arrest.
                                    (II) Availability to testify.--The 
                                officer who arrests or causes the 
                                arrest of a person under the authority 
                                of a cross-deputization agreement shall 
                                be reasonably available to testify in 
                                the appropriate tribal, Federal, or 
                                State court.
                    (F) Prosecution.--
                            (i) Allotted land and tribal trust land.--
                                    (I) Non-indians.--A non-Indian 
                                violator of a regulation that affects a 
                                hunting, fishing, or recreational 
                                activity on the allotted land or tribal 
                                trust land of an Indian tribe shall be 
                                prosecuted in Federal court or a court 
                                of the Indian tribe, whichever is 
                                appropriate.
                                    (II) Members.--A member violator of 
                                a regulation that affects a hunting, 
                                fishing, or recreational activity on 
                                the allotted land or tribal trust land 
                                of an Indian tribe shall be prosecuted 
                                in a court of the Indian tribe.
                            (ii) Missouri river.--
                                    (I) Non-indians.--A non-Indian 
                                violator of a regulation that affects a 
                                hunting, fishing, or recreational 
                                activity on the water of the Missouri 
                                River shall be prosecuted in a Federal 
                                or State court, whichever is 
                                appropriate.
                                    (II) Members.--A member violator of 
                                a regulation that affects a hunting, 
                                fishing, or recreational activity on 
                                the water of the Missouri River within 
                                the reservation boundaries of an Indian 
                                tribe shall be prosecuted in the court 
                                of the Indian tribe.
                    (G) Penalties.--The penalties for violations of 
                regulations that affect a hunting, fishing, or 
                recreational activity on the water of the Missouri 
                River shall be identical for members and non-Indians.
            (7) Other indian tribe requirements.--Each Indian tribe 
        shall agree to meet the requirements applicable to the Indian 
        tribe under this Act.
            (8) Boating safety; temporary landings.--Each Indian tribe 
        shall grant any person who operates a vessel the right of 
        access, without charge, to land under the jurisdiction of the 
        Indian tribe located along the shore of the Missouri River or 
        the reservoirs of the Pick-Sloan Missouri River Basin program 
        projects for the purposes of--
                    (A) ensuring safety under adverse weather 
                conditions (including storms and high winds);
                    (B) otherwise making a landing that--
                            (i) is for a purpose other than hunting, 
                        fishing, or removing objects, including Indian 
                        cultural or archaeological materials;
                            (ii) is of a duration of not more than 24 
                        hours; and
                            (iii) is consistent with the protection of 
                        natural resources and the environment.
                    (C) carrying out any subsequent co-management 
                agreement that may be negotiated between the State of 
                South Dakota and the Indian tribe relating to hunting, 
                fishing, or recreational use; and
                    (D) making an unarmed retrieval of waterfowl (as 
                determined under the law of the State of South Dakota).
            (9) Easements, rights-of-way, leases, and cost-sharing 
        agreements.--
                    (A) Maintenance.--The Secretary of the Interior 
                shall maintain all existing 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 the affected county 100 percent of 
                the receipts from the easements, rights-of-way, leases, 
                and cost-sharing agreements described in subparagraph 
                (A).
    (e) Access by Original Owners.--
            (1) In general.--An original owner of land transferred 
        under this section (including an Indian allottee), and any 
        other person who has been assigned or has inherited land from 
        an original landowner (or Indian allottee), who maintains base 
        property in the vicinity of the land, shall be guaranteed 
        access to and a right to lease, for agricultural purposes 
        (including grazing), the land acquired from the original owner 
        by the Secretary of the Army for the Pick-Sloan Missouri River 
        Basin program.
            (2) Easements and rights-of-way.--An Indian tribe shall 
        honor past easements and rights-of-way and provide reasonable 
        future easements and rights-of-way to ensure access for use of 
        the land.
            (3) Fencing.--Any agency or Indian tribe that requires the 
        land to be fenced shall be responsible for building and 
        maintaining the fencing required.
            (4) Fees.--An Indian tribe that leases land to an original 
        owner or other person described in paragraph (1) may charge a 
        grazing fee at a rate that does not exceed the rate charged by 
        the Indian tribe for grazing on comparable land within the 
        external boundaries of the reservation of the Indian tribe.
            (5) Eligibility to lease land for agricultural purposes.--
        Not later than 1 year after the date of enactment of this Act, 
        the Secretary of the Interior shall determine which original 
        owners, heirs, and assignees (including Indian allottees) meet 
        the eligibility criteria to lease land for agricultural 
        purposes under this section.

SEC. 6. TERRESTRIAL WILDLIFE HABITAT MITIGATION.

    (a) Terrestrial Wildlife Habitat Mitigation Plans.--
            (1) In general.--In accordance with this subsection and 
        with the assistance of the Secretary of the Army and the 
        Secretary of the Interior, the State of South Dakota and each 
        Indian tribe shall, as a condition of the receipt of funds 
        under this Act, develop a plan for the mitigation of 
        terrestrial wildlife habitat loss that occurred as a result of 
        flooding related to projects carried out as part of the Pick-
        Sloan Missouri River Basin program.
            (2) Funding for carrying out plans.--
                    (A) State.--The Secretary of the Treasury shall 
                make available to the State of South Dakota funds from 
                the South Dakota Wildlife Habitat Mitigation Trust Fund 
                established by section 7, to be used to carry out the 
                plan.
                    (B) Indian tribes.--The Secretary of the Interior 
                shall make available to each Indian tribe funds from 
                the Native American Wildlife Habitat Mitigation Trust 
                Fund established by section 8, to be used to carry out 
                the plan.
    (b) Programs for the Purchase of Wildlife Habitat Leases.--
            (1) In general.--The State of South Dakota may use payments 
        received under section 7(d)(3)(A)(ii), and each Indian tribe 
        may use payments received under section 8(d)(3)(A)(ii), to 
        develop or expand a program for the purchase of wildlife 
        habitat leases that meets the requirements of this subsection.
            (2) Development of plan.--
                    (A) In general.--If the State of South Dakota, or 
                an Indian tribe, conducts a program in accordance with 
                this subsection, the State of South Dakota, or the 
                Indian tribe, in consultation with the United States 
                Fish and Wildlife Service and with opportunity for 
                public comment, shall develop a plan to lease land for 
                the protection and development of wildlife habitat, 
                including habitat for threatened and endangered species 
                associated with the Missouri River ecosystem.
                    (B) Use for program.--The plan shall be used by the 
                State of South Dakota, or the Indian tribe, in carrying 
                out the program developed under paragraph (1).
            (3) Conditions of leases.--Each lease covered under a 
        program under paragraph (1) shall specify that the owner of the 
        property that is subject to the lease shall provide--
                    (A) public access for sportsmen during hunting 
                seasons; and
                    (B) other outdoor uses covered under the lease, as 
                negotiated by the landowner and the State of South 
                Dakota or Indian tribe.
            (4) Use of assistance.--
                    (A) State of south dakota.--If the State of South 
                Dakota conducts a program in accordance with this 
                subsection, the State may use payments received under 
                section 7(d)(3)(A)(ii) to--
                            (i) acquire easements, rights-of-way, or 
                        leases for management of wildlife habitat, 
                        including habitat for threatened and endangered 
                        species, and public access to wildlife on 
                        private land 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 private property; 
                        or
                            (iii) lease land for the creation or 
                        restoration of a wetland on tribal or private 
                        land in the State of South Dakota.
                    (B) Indian tribes.--If an Indian tribe conducts a 
                program in accordance with this subsection, the Indian 
                tribe may use payments received under section 
                7(d)(3)(A)(ii) for the purposes described in 
                subparagraph (A).
    (c) Deauthorization of Blunt Reservoir Project.--
            (1) In general.--The Blunt Reservoir and Pierre Canal 
        features of the Oahe Unit, administered by the Bureau of 
        Reclamation in the State of South Dakota, are not authorized 
        after the date of enactment of this Act.
            (2) Transfer of land.--Land associated with the Blunt 
        Reservoir and Pierre Canal features of the Oahe Unit that is 
        administered by the Bureau of Reclamation is transferred in fee 
        title to the State of South Dakota to be used for the purpose 
        of terrestrial wildlife habitat mitigation.

SEC. 7. SOUTH DAKOTA WILDLIFE HABITAT MITIGATION TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``South Dakota Wildlife Habitat 
Mitigation Trust Fund'' (referred to in this section as the ``Fund'').
    (b) Funding.--For the fiscal year following the fiscal year during 
which the aggregate of the amounts deposited in the Lower Brule Sioux 
Tribe Infrastructure Development Trust Fund is equal to the amount 
specified in section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act of 1997, and for each fiscal year thereafter 
until such time as the aggregate of the amounts deposited in the Fund 
under this subsection, is equal to $108,000,000, the Secretary of the 
Treasury shall deposit in the Fund an amount equal to 15 percent of the 
receipts from the deposits in the Treasury of the United States for the 
preceding fiscal year from the power program of the Pick-Sloan Missouri 
River Basin program, administered by the Western Area Power 
Administration.
    (c) Investments.--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.
    (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).
            (2) Withdrawal and transfer of funds.--The Secretary of the 
        Treasury shall withdraw amounts credited as interest under 
        paragraph (1) and transfer the amounts to the State of South 
        Dakota for use in accordance with paragraph (3). The Secretary 
        of the Treasury may not withdraw the amounts for any other 
        purpose.
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), the State of South Dakota shall use the amounts 
                transferred under paragraph (2) only to carry out the 
                following activities:
                            (i) The implementation and administration 
                        of a terrestrial wildlife habitat mitigation 
                        plan under section 6(a).
                            (ii) The purchase and administration of 
                        wildlife habitat leases under section 6(b) and 
                        other activities described in that section.
                            (iii) The management, operation, 
                        administration, maintenance, and development, 
                        in accordance with this Act, of all recreation 
                        areas that are leased to the State of South 
                        Dakota by the Army Corps of Engineers.
                            (iv) The development and maintenance of 
                        public access to, and protection of, wildlife 
                        habitat and recreation areas along the Missouri 
                        River.
                    (B) Allocation for plan.--The State of South Dakota 
                shall use the amounts transferred under paragraph (2) 
                to fully implement the terrestrial wildlife habitat 
                mitigation plan of the State under section 6(a).
                    (C) 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. 8. NATIVE AMERICAN WILDLIFE HABITAT MITIGATION TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Native American Wildlife 
Habitat Mitigation Trust Fund'' (referred to in this section as the 
``Fund'').
    (b) Funding.--For the fiscal year following the fiscal year during 
which the aggregate of the amounts deposited in the Lower Brule Sioux 
Tribe Infrastructure Development Trust Fund is equal to the amount 
specified in section 4(b) of the Lower Brule Sioux Tribe Infrastructure 
Development Trust Fund Act of 1997, and for each fiscal year thereafter 
until such time as the aggregate of the amounts deposited in the Fund 
under this subsection, is equal to $47,400,000, the Secretary of the 
Treasury shall deposit in the Fund an amount equal to 10 percent of the 
receipts from the deposits in the Treasury of the United States for the 
preceding fiscal year from the power program of the Pick-Sloan Missouri 
River Basin program, administered by the Western Area Power 
Administration.
    (c) Investments.--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.
    (d) Payments.--
            (1) In general.--All amounts credited as interest under 
        subsection (c) shall be available, without fiscal year 
        limitation, to the Secretary of the Interior for use in 
        accordance with paragraphs (3) and (4).
            (2) Withdrawal and transfer of funds.--At the request of 
        the Secretary of the Interior, the Secretary of the Treasury 
        shall withdraw amounts credited as interest under paragraph (1) 
        and transfer the amounts to the Secretary of the Interior for 
        use in accordance with paragraphs (3) and (4). The Secretary of 
        the Treasury may not withdraw the amounts for any other 
        purpose.
            (3) Use of transferred funds.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C) and paragraph (4), the Secretary of the Interior 
                shall use the amounts transferred under paragraph (2) 
                only for the purpose of making payments to Indian 
                tribes to carry out the following activities:
                            (i) The implementation and administration 
                        of a terrestrial wildlife habitat mitigation 
                        plan under section 6(a), which payment shall be 
                        made at such time as the Secretary of the Army 
                        approves a terrestrial wildlife habitat 
                        mitigation plan developed by the Indian tribe 
                        under that section.
                            (ii) The purchase and administration of 
                        wildlife habitat leases under section 6(b) and 
                        other activities described in that section.
                            (iii) The management, operation, 
                        administration, maintenance, and development, 
                        in accordance with this Act, of recreation 
                        areas held in trust for the Indian tribes.
                            (iv) The development and maintenance of 
                        public access to, and protection of, wildlife 
                        habitat and recreation areas along the Missouri 
                        River.
                            (v) The preservation of Native American 
                        cultural sites located on the transferred land.
                    (B) Allocation for plan.--Each Indian tribe shall 
                use the amounts transferred under paragraph (2) and 
                paid to the Indian tribe to fully implement the 
                terrestrial wildlife habitat mitigation plan of the 
                Indian tribe under section 6(a).
                    (C) Prohibition.--The amounts transferred under 
                paragraph (2) and paid to an Indian tribe shall not be 
                used for the purchase of land in fee title.
            (4) Pro rata share of payments.--In making payments from 
        the interest generated under the Fund, the Secretary of the 
        Interior shall ensure that the total amount of payments 
        received by the Indian tribes under paragraph (3) is 
        distributed as follows:
                    (A) 79 percent shall be available to the Cheyenne 
                River Sioux Tribe.
                    (B) 21 percent shall be available to the Lower 
                Brule Sioux Tribe.
    (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. 9. AUTHORIZATION OF ADMINISTRATIVE COSTS OF THE ARMY CORPS OF 
              ENGINEERS.

    There are authorized to be appropriated to the Secretary of the 
Army such sums as are necessary--
            (1) to pay administrative expenses incurred in carrying out 
        this Act; and
            (2) to fund the implementation of terrestrial wildlife 
        habitat mitigation plans under section 6(a) until such time as 
        funds are available for use under sections 7(d)(3)(A)(i) and 
        8(d)(3)(A)(i).

SEC. 10. RULE OF CONSTRUCTION; PROHIBITION.

    (a) Statutory Construction.--Nothing in this Act 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 Act;
            (3) any valid, existing treaty right that is in effect on 
        the date of enactment of this Act;
            (4) the external boundaries of any reservation of an Indian 
        tribe;
            (5) any authority of the State of South Dakota that relates 
        to the protection, regulation, or management of fish and 
        terrestrial wildlife resources, except as specifically provided 
        in another provision of this Act;
            (6) any authority or responsibility of the Secretary of the 
        Army or the Secretary of the Interior under a law in existence 
        on the date of enactment of this Act, including--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (C) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.); and
                    (E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); or
            (7) the ability of an Indian tribe to use the trust land 
        transferred to the Indian tribe under this Act in a manner that 
        is consistent with the use of other Indian trust land, except 
        as otherwise specifically provided in this Act.
    (b) Power Rates.--No payment made under this Act shall affect any 
power rate under the Pick-Sloan Missouri River Basin program.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the 
Interior such sums as are necessary to carry out this Act.
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