33 U.S.C. § 2269
Section 2269 · Tribal partnership program
Current version, with additions and removals from the November 8, 2007 version.
In this section:
(2) Inter-tribal consortium
The term "inter-tribal consortium" has the meaning given the term in section 3202 of title 25.
(3) Tribal organization
The term "Tribal organization" has the meaning given the term in section 5304 of title 25.
(1) In general
(1) In general
(B) are located primarily within Indian country (as defined in section 1151 of title 18, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
(B) are located primarily within Indian country (as defined in section 1151 of title 18, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
(2) Matters to be studied
(2) Authorized activities
(C) technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, including—
(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate, prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to flood hazards; and
(ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses;
(D) projects that improve emergency response capabilities and provide increased access to infrastructure that may be utilized in the event of a severe weather event or other natural disaster; and
(3) Feasibility study and reports
(A) In general
On the request of an Indian tribe, an inter-tribal consortium, or a Tribal organization, the Secretary shall conduct a study on, and provide to the Indian tribe, inter-tribal consortium, or Tribal organization a report describing, the feasibility of a water resources development project described in paragraph (1).
(B) Recommendation
A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project.
(C) Initial costs
The first $200,000 of the costs of a study under this section shall be at Federal expense.
(4) Design and construction
(A) In general
The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $28,500,000.
(B) Specific authorization
If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $26,000,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element.
(5) Project justification
Notwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project (other than a project for ecosystem restoration) under this section if the Secretary determines that the project will—
(A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization);
(B) improve the quality of the environment;
(C) reduce risks to life safety associated with the hazards described in subparagraph (A); and
(D) improve the long-term viability of the community.
(1) In general
(1) In general
(2) Integration of activities
(2) Integration of activities
The Secretary shall—
The Secretary shall—
(A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and
(A) integrate civil works activities of the Department of the Army with activities of the Department of the Interior to avoid conflicts, duplications of effort, or unanticipated adverse effects on Indian tribes; and
(1) Ability to pay
(1) Ability to pay
(A) In general
(A) In general
(B) Use of procedures
(B) Use of procedures
(i) In general
The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
(ii) Determination
Not later than 180 days after June 10, 2014, the Secretary shall issue guidance on the procedures described in clause (i).
(2) Credit
(2) Credit
There is authorized to be appropriated to carry out subsection (b) of this section $5,000,000 for each of fiscal years 2002 through 2012, of which not more than $1,000,000 may be used with respect to any 1 Indian tribe.
(3) Sovereign immunity
The Secretary shall not require an Indian tribe to waive the sovereign immunity of the Indian tribe as a condition to entering into a cost-sharing agreement under this subsection.
(4) Water resources development projects
(A) In general
The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent.
(B) Other costs
The non-Federal share of costs of design and construction of a project described in subparagraph (A) shall be assigned to the appropriate project purposes described in sections 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned.
(5) Water-related planning activities
(A) In general
The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent.
(B) Other costs
The Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent.
(6) Technical assistance
The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent.
(7) Congressional notification
(A) In general
The Secretary shall annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written notification of determinations made by the Secretary of the ability of non-Federal interests to pay under this subsection.
(B) Contents
In preparing the written notification under subparagraph (A), the Secretary shall include, for each determination made by the Secretary—
(i) the name of the non-Federal interest that submitted to the Secretary a request for a determination under paragraph (1)(B);
(ii) the name and location of the project; and
(iii) the determination made by the Secretary and the reasons for the determination, including the adjusted share of the costs of the project of the non-Federal interest, if applicable.
(1) In general
The Secretary shall establish a pilot program to carry out water-related planning activities or activities relating to the study, design, and construction of water resources development projects that otherwise meet the requirements of this section.
(2) Project selection
The Secretary shall carry out not more than 7 activities or projects under the pilot program described in paragraph (1), of which—
(A) one is located along the Mid-Columbia River, Washington, Tancum Creek, Washington, or Similk Bay, Washington;
(B) one is located at Big Bend, Lake Oahe, Fort Randall, or Gavins Point reservoirs, South Dakota; and
(C) notwithstanding the limitations described in subsection (b)(1)(B), 5 are in proximity to a river system or other aquatic habitat within the State of Washington with respect to which an Indian Tribe, an inter-tribal consortium, or a Tribal organization has Tribal treaty rights.
(3) Report to Congress
Not later than 3 years after January 4, 2025, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes activities or projects carried out under the pilot program.
(4) Savings clause
Nothing in this subsection authorizes—
(A) a project for the removal of a dam that otherwise is a project described in paragraph (2);
(B) the study of the removal of a dam; or
(C) the study of any Federal dam, including the study of power, flood control, or navigation replacement, or the implementation of any functional alteration to that dam, that is located along a body of water described in paragraph (2).