Page:United States Statutes at Large Volume 120.djvu/3426

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[120 STAT. 3395]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 3395]

PUBLIC LAW 109–458—DEC. 22, 2006

120 STAT. 3395

(A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) STATE.—The term ‘‘State’’ means the State of South Dakota, including a successor in interest of the State. (9) UNLEASED PARCEL.—The term ‘‘unleased parcel’’ means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) DEAUTHORIZATION.—The Blunt Reservoir feature is deauthorized. (c) ACCEPTANCE OF LAND AND OBLIGATIONS.— (1) IN GENERAL.—As a term of each conveyance under subsections (d)(5) and (e), respectively, the State may agree to accept— (A) in ‘‘as is’’ condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) the responsibility that the Commission will act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) RESPONSIBILITIES OF THE STATE.—An outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) OIL, GAS, MINERAL AND OTHER OUTSTANDING RIGHTS.— A conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to— (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or rightof-way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) ADDITIONAL CONDITIONS OF CONVEYANCE TO STATE.— A conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b),

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