2021 US Code
Title 33 - Navigation and Navigable Waters
Chapter 36 - Water Resources Development
Subchapter IV - Water Resources Studies
Sec. 2269 - Tribal partnership program
| 33 U.S.C. § 2269 (2021) |
| §2269. Tribal partnership program |
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(a) Definition of Indian tribe
In this section, the term "Indian tribe" has the meaning given the term in section 5304 of title 25. (b) Program (1) In generalIn cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of 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. An activity 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. On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1). A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. 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 $18,500,000. If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $18,500,000, 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. 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 an activity conducted under subsection (b). 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 an activity conducted under subsection (b). Any cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay. The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. Not later than 180 days after June 10, 2014, the Secretary shall issue guidance on the procedures described in clause (i). The Secretary may credit toward the non-Federal share of the costs of an activity conducted under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest. 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. The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent. 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. The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent. The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 50 percent. The Secretary is authorized to carry out activities under this section for fiscal years 2015 through 2024. |
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(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; Pub. L. 114–322, title I, §1121, Dec. 16, 2016, 130 Stat. 1644; Pub. L. 115–270, title I, §1157(i), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title III, §303, Dec. 27, 2020, 134 Stat. 2703.) |
| EDITORIAL NOTES
CODIFICATION
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. AMENDMENTS2020—Subsec. (b)(4). Pub. L. 116–260 substituted "$18,500,000" for "$12,500,000" in subpars. (A) and (B). 2018—Subsec. (b)(4). Pub. L. 115–270 amended par. (4) generally. Prior to amendment, text read as follows: "(A) In general.—The Secretary may carry out the design and construction of a water resources development project described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project is not more than $10,000,000. "(B) Specific authorization.—If the Federal share of the cost of a project described in subparagraph (A) is more than $10,000,000, the Secretary may only carry out the project if Congress enacts a law authorizing the Secretary to carry out the project." 2016—Subsec. (b)(1). Pub. L. 114–322, §1121(1)(A), substituted "the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects," for "the Secretary may carry out water-related planning activities and study and determine the feasibility of carrying out water resources development projects" in introductory provisions. Subsec. (b)(2). Pub. L. 114–322, §1121(1)(B), substituted "Authorized activities" for "Matters to be studied" in heading and "An activity" for "A study" in introductory provisions. Subsec. (b)(3), (4). Pub. L. 114–322, §1121(1)(C), added pars. (3) and (4). Subsec. (c)(1). Pub. L. 114–322, §1121(2)(A), substituted "an activity" for "studies". Subsec. (c)(2)(B). Pub. L. 114–322, §1121(2)(B), substituted "an activity conducted" for "carrying out projects studied". Subsec. (d)(1)(A). Pub. L. 114–322, §1121(3)(A), substituted "an activity conducted" for "a study". Subsec. (d)(2) to (5). Pub. L. 114–322, §1121(3)(B), added pars. (2) to (5) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: "The Secretary may credit toward the non-Federal share of the costs of a study under subsection (b) 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." 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". STATUTORY NOTES AND RELATED SUBSIDIARIES "SECRETARY" DEFINED 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. |
| United States Code, 2018 Edition, Supplement 3, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 36 - WATER RESOURCES DEVELOPMENT SUBCHAPTER IV - WATER RESOURCES STUDIES Sec. 2269 - Tribal partnership program |
| section 2269 |
| 2021 |
| January 3, 2022 |
| No |
| standard |
| 114 Stat. 2588 121 Stat. 1074 128 Stat. 1232 130 Stat. 1644 132 Stat. 3794 134 Stat. 2703 |
| Public Law 106-541, Public Law 110-114, Public Law 113-121, Public Law 114-322, Public Law 115-270, Public Law 116-260 |
