33 U.S.C. § 2269 : US Code - Section 2269: Tribal partnership program

Search 33 U.S.C. § 2269 : US Code - Section 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.