33 U.S.C. § 2269 (NAVIGATION AND NAVIGABLE WATERS)
§ 2269. Tribal partnership program
(a) Definition of Indian tribe
In this section, the term “Indian tribe” has the meaning given the term in section 450b of title 25.
(b) Program
(1) In general
In cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities and study and determine the feasibility of carrying out water resources development projects that—
(A) will substantially benefit Indian tribes; and
(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
A study conducted under paragraph (1) may address—
(A) projects for flood damage reduction, environmental restoration and protection, and preservation of cultural and natural resources;
(B) watershed assessments and planning activities; and
(C) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate.
(c) Consultation and coordination with Secretary of the Interior
(1) In general
In recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning studies conducted under subsection (b) of this section.
(2) Integration of activities
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
(B) consider the authorities and programs of the Department of the Interior and other Federal agencies in any recommendations concerning carrying out projects studied under subsection (b) of this section.
(d) Cost sharing
(1) Ability to pay
(A) In general
Any cost-sharing agreement for a study under subsection (b) of this section shall be subject to the ability of the non-Federal interest to pay.
(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.
(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
The Secretary may credit toward the non-Federal share of the costs of a study under subsection (b) of this section the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest if the Secretary determines that the services, studies, supplies, and other in-kind contributions will facilitate completion of the study.
(e) Restrictions
The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2024.
(Pub. L. 106–541, title II, § 203, Dec. 11, 2000, 114 Stat. 2588; Pub. L. 110–114, title II, § 2011, Nov. 8, 2007, 121 Stat. 1074; Pub. L. 113–121, title I, § 1031(a), June 10, 2014, 128 Stat. 1232.)
heading: Codification
text: Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
heading: Amendments
text: 2014—Subsec. (d)(1)(B). Pub. L. 113–121, § 1031(a)(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).
Subsec. (e). Pub. L. 113–121, § 1031(a)(2), added subsec. (e) and struck out former subsec. (e) which authorized appropriations for fiscal years 2002 to 2012.
2007—Subsec. (b)(1). Pub. L. 110–114, § 2011(a)(1), inserted “carry out water-related planning activities and” after “the Secretary may” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 110–114, § 2011(a)(2), inserted “, 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” after “section 1151 of title 18”.
Subsec. (b)(2). Pub. L. 110–114, § 2011(a)(3), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (e). Pub. L. 110–114, § 2011(b), substituted “2012” for “2006”.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.