Sec. 214. Tribal partnership program
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/bill/114/s/2717/rs/section-214A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended by striking subsections
(b)through
(d)and inserting the following: In coordination with the heads of other appropriate Federal agencies, the Secretary may provide, in accordance with this subsection, assistance to an Indian tribe with any activity relating to the feasibility, planning, design, or construction of a water resources development project that— will substantially benefit an Indian tribe; and is located— primarily within Indian country (as defined in section 1151 of title 18, United States Code, and including land that is within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and is recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (or a successor regulation)); or in proximity to an Alaska Native village. An activity under paragraph
(1)may address— projects for flood damage reduction, environmental restoration and protection, and preservation of cultural and natural resources; watershed assessments and planning activities; and such other projects as the Secretary, in cooperation with Indian tribes and the heads of other appropriate Federal agencies, determines to be appropriate. On request of an Indian tribe, the Secretary shall provide to the Indian tribe a report describing, in detail, the feasibility and planning 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. Subject to clause (ii), the Secretary shall use funds made available to the Secretary to provide a report under subparagraph (A). The Secretary may not use more than $100,000 for any 1 report under subparagraph (A). The Secretary may provide assistance with the design and construction of a water resources development project described in paragraph
(1)without specific authorization from Congress if the projected Federal share of the cost of the project is not more than $10,000,000. A law of Congress authorizing the Secretary to provide assistance with the design and construction of a specific water resources development project described in paragraph
(1)shall be required if the projected Federal share of the cost of the project is more than $10,000,000. The Secretary may enter into a contract or compact with 1 or more Indian tribes to conduct any activity under paragraph (1). 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 any activity conducted under subsection (b). The Secretary shall— 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 recommendation concerning any activity conducted under subsection (b). Any cost-sharing agreement for any 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 the date of enactment of the Water Resources Reform and Development Act of 2014 ( Public Law 113–121 ), 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 any activity conducted under subsection
(b)the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest an amount equal to not more than 100 percent of the cost-share requirement of the non-Federal interest if the Secretary determines that the services, studies, supplies, or other in-kind contributions will facilitate completion of the study. 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. .
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