33 U.S.C. § 2269: Tribal partnership program

The terms “Indian tribe” and “Indian Tribe” have the meanings given the terms “Indian tribe” has the meaning given the term 1 in 1 So in original. section 5304 of title 25 . The term “inter-tribal consortium” has the meaning given the term in section 3202 of title 25 . The term “Tribal organization” has the meaning given the term in section 5304 of title 25 . will substantially benefit Indian tribes, inter-tribal consortiums, or Tribal organizations; and 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. projects for flood or hurricane and storm damage reduction, including erosion control and stormwater management (including management of stormwater that flows at a rate of less than 800 cubic feet per second for the 10-percent flood), environmental restoration and protection, and preservation of cultural and natural resources; watershed assessments and planning activities; 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 the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; 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 such other projects as the Secretary, in cooperation with Indian Tribes, inter-tribal consortiums, Tribal organizations, and the heads of other Federal agencies, determines to be appropriate. 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). A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. The first $200,000 of the costs of a study under this section shall be at Federal expense. 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. 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. 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); improve the quality of the environment; reduce risks to life safety associated with the hazards described in subparagraph (A); and improve the long-term viability of the community. 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). 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 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 Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent. The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent. 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. the name of the non-Federal interest that submitted to the Secretary a request for a determination under paragraph (1)(B); the name and location of the project; and 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. 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. one is located along the Mid-Columbia River, Washington, Tancum Creek, Washington, or Similk Bay, Washington; one is located at Big Bend, Lake Oahe, Fort Randall, or Gavins Point reservoirs, South Dakota; and 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. 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. a project for the removal of a dam that otherwise is a project described in paragraph (2); the study of the removal of a dam; or 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). The term ‘eligible project’ means a project or activity eligible to be carried out under the Tribal partnership program under section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ). The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). Not later than 180 days after the date of enactment of this Act [ Jan. 4, 2025 ], the Secretary [of the Army] shall establish and implement a pilot program under which Indian Tribes may directly carry out eligible projects. to authorize Tribal contracting to advance Tribal self-determination and provide economic opportunities for Indian Tribes; and to evaluate the technical, financial, and organizational efficiencies of Indian Tribes carrying out the design, execution, management, and construction of 1 or more eligible projects. identify a total of not more than 5 eligible projects that have been authorized for construction; notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the identification of each eligible project under the pilot program under this section; in collaboration with the Indian Tribe, develop a detailed project management plan for each identified eligible project that outlines the scope, budget, design, and construction resource requirements necessary for the Indian Tribe to execute the project or a separable element of the eligible project; on the request of the Indian Tribe and in accordance with subsection (f)(2), enter into a project partnership agreement with the Indian Tribe for the Indian Tribe to provide full project management control for construction of the eligible project, or a separable element of the eligible project, in accordance with plans approved by the Secretary; if applicable, the balance of the unobligated amounts appropriated for the eligible project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the eligible project and the pilot program under this section; and additional amounts, as determined by the Secretary, from amounts made available to carry out this section, except that the total amount transferred to the Indian Tribe shall not exceed the updated estimate of the Federal share of the cost of construction, including any required design; and regularly monitor and audit each eligible project being constructed by an Indian Tribe under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. Not later than 180 days after entering into an agreement under paragraph (1)(D), each Indian Tribe, to the maximum extent practicable, shall submit to the Secretary a detailed project schedule, based on estimated funding levels, that lists all deadlines for each milestone in the construction of the eligible project. any study, engineering activity, and design activity for construction carried out by the Indian Tribe under this section; and expeditiously obtaining any permits necessary for the eligible project. Nothing in this section affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to an eligible project carried out under this section. the metrics for measuring the success of the pilot program; a process for identifying future eligible projects to participate in the pilot program; measures to address the risks of an Indian Tribe constructing eligible projects under the pilot program, including which entity bears the risk for eligible projects that fail to meet Corps of Engineers standards for design or quality; the laws and regulations that an Indian Tribe must follow in carrying out an eligible project under the pilot program; and which entity bears the risk in the event that an eligible project carried out under the pilot program fails to be carried out in accordance with the project authorization or this section. The Secretary may not enter into a project partnership agreement under this section until the date on which the Secretary issues the guidance under paragraph (1). a description of the progress of Indian Tribes in meeting milestones in detailed project schedules developed pursuant to subsection (d)(2); and any recommendations of the Secretary concerning whether the pilot program or any component of the pilot program should be implemented on a national basis. Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update to the report under paragraph (1). If the Secretary fails to submit a report by the required deadline under this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a detailed explanation of why the deadline was missed and a projected date for submission of the report. All laws and regulations that would apply to the Secretary if the Secretary were carrying out the eligible project shall apply to an Indian Tribe carrying out an eligible project under this section. The authority to commence an eligible project under this section terminates on December 31, 2029 . In addition to any amounts appropriated for a specific eligible project, there is authorized to be appropriated to the Secretary to carry out this section, including the costs of administration of the Secretary, $15,000,000 for each of fiscal years 2024 through 2029.”