§ 2269. — Tribal partnership program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2269]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 36--WATER RESOURCES DEVELOPMENT
SUBCHAPTER IV--WATER RESOURCES STUDIES
Sec. 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 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) 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; and
(B) 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
The ability of a non-Federal interest to pay shall be
determined by the Secretary in accordance with procedures
established by the Secretary.
(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) Authorization of appropriations
There is authorized to be appropriated to carry out subsection (b)
of this section $5,000,000 for each of fiscal years 2002 through 2006,
of which not more than $1,000,000 may be used with respect to any 1
Indian tribe.
(Pub. L. 106-541, title II, Sec. 203, Dec. 11, 2000, 114 Stat. 2588.)
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.
``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.
