Page:United States Statutes at Large Volume 113 Part 1.djvu/411

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PUBLIC LAW 106-53—AUG. 17, 1999 113 STAT. 387 (ii) PERIOD.— Clause (i) shall apply during the period— (I) beginning on the date of enactment of this Act; and (II) ending on the date on which funds are made available for use from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fxmd under section 603(d)(3)(A)(i) and the Chey- enne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund under section 604(d)(3)(A)(i). (b) PROGRAMS FOR THE PURCHASE OF WILDLIFE HABITAT LEASES. — (1) IN GENERAL. —The State of South Dakota may use funds made avsiilable under section 603(d)(3)(A)(iii) to develop a program for the purchase of wildlife habitat leases that meets the requirements of this subsection. (2) DEVELOPMENT OF A PLAN.— (A) IN GENERAL.— If the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe elects to conduct a program under this subsection, the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Bnile Sioux Tribe (in consultation with the United States Fish and Wildlife Service and the Secretary and with an 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, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe in carrying out the program carried out under paragraph (1). (3) CONDITIONS OF LEASES.—Each lease covered under a program carried out 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 himting season; and (B) public access for other outdoor uses covered under the lease, as negotiated by the landowner and the State of South Dgikota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe. (4) USE OF ASSISTANCE. — (A) STATE OF SOUTH DAKOTA. —If the State of South Dakota conducts a program under this subsection, the State may use funds made available under section 603(d)(3)(A)(iii) to— (i) acquire easements, rights-of-way, or leases for management and protection of wildlife habitat, incluchng habitat for threatened and 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