Page:United States Statutes at Large Volume 106 Part 6.djvu/177

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PUBLIC LAW 102-575—OCT. 30, 1992 106 STAT. 4735 (c) FORMER NONTRIBAL LANDS. —(1) Except as provided in subsection Q), the Secretary of the Army shall transfer administrative jurisdiction over the lands described in paragraph (2) (including the improvements thereon) to the Secretary of the Interior to be administered as set out in subsection (d). (2) The lands referred to in paragraph (1) are— (A) those Federal lands acquu*ed from individual Indian owners by the Unitecl States for the Garrison Dam Project pursuant to the Act of (October 29, 1949; and (B) those lands acquired from non-Indian owners by the United States for such Project (either by purchase or condemnation); and which are within the external boundary of the Fort Berthold Reservation, and located at or above contour elevation one thousand eight hundred and sixty feet mean sea level. (d) RIGHT OF FIRST REFUSAL.— (1) The Secretary of the Interior shall, within one year following the date of the enactment of this title, offer to the Three ^ifiliated Tribes, and to such individual Indian owners and non-Indian owners from whom such lands were acquired, or their heirs or assigns, a right of first refusal, for a period to be determined by the Secretary of the Interior not to exceed twelve months following notice of the offer to such Tribes, owners, heirs, or assigns, to purchase at fair market value any land, in the case of the Three Affiliated Tribes, described in subsection (b), and in the case of individual Indian and non-Indian owners, described in subsection (c), which was so acquired. If any such former owner, or his or her heirs or assigns, refuses or fails to exercise his or her right to repurchase, an option to purchase such land shall be afforded to the Three Affiliated Tribes. (2) Lands purchased from the Secretary of the Interior by former owners, or their heirs or assigns, under this subsection shall not be sold by former owners, their heirs or assigns, within the 5-year period following such purchase, unless the Three Affiliated Tribes has been afforded a right of first refusal to purchase such lands. Such right of first refusal shall afford the Tribes— (A) thirty daysfromsuch notification to inform the prospective seller whether the Tribes intend to exercise their right of first refusal to purchase such lands at the price of the bona fide offer; and (B) one year from such notification to complete the purchase of such lands under their right of first refusal. (e) CONSIDERATION.—In consideration for the transfer of the lands described above, the Secretai^ of the Interior, or his designee, shall be responsible for determining the location of contour elevations one thousand eight hundred and sixty feet mean sea level (for subsections (a) and (c)) and one thousand eight hundred and fifty-four feet mean sea level (for subsection (b)) by surveying and monumenting such contour at intervals no greater than five hundred feet. The survey and monumentation shall be completed within two years after the date of the enactment of this title. (f) RESERVATIONS.—The United States hereby reserves the perpetual right, power, privilege, and easement permanentlv to overflow, flood, submerge, saturate, percolate, and erode the land described in subsections (a), (b), and (c) in connection with the operation and maintenance of the Garrison Dam Project, as authorized by the Act of Congress approved December 22, 1944, and the continuing right to cle£ur and remove any brush, debris, and