Sec. 1040. Tribal partnership program
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Section 203 of the Water Resources Development Act of 2000 ( 33 U.S.C. 2269 ) is amended— in subsection (b)— in paragraph (1), in the matter preceding subparagraph (A), by striking the Secretary and all that follows through projects and inserting the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of water resources development projects or projects for the preservation of cultural and natural resources, ; in paragraph (2), in the matter preceding subparagraph (A), by striking
(2)and inserting the following: Matters to be studied .—A study Any activity ; and by adding at the end the following: On the request of an Indian tribe, the Secretary shall conduct a study, and provide to the Indian tribe a report describing the feasibility of a water resources development project or project for the preservation of cultural and natural resources 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 $100,000 of a study under this paragraph shall be at full Federal expense. The Secretary may carry out the design and construction of a water resources development project or project for the preservation of cultural and natural resources 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. 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. ; in subsection (c)— in paragraph (1), by striking studies and inserting any activity ; and in paragraph (2)(B), by striking carrying out projects studied and inserting any activity conducted ; in subsection (d)— in paragraph (1)(A), by striking a study and inserting any activity conducted ; and by striking paragraph
(2)and inserting the following: 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. 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 101 and 103 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 , 2213) and shared in the same percentages as the purposes to which the costs are assigned. The non-Federal share of costs for the study of a project for the preservation of cultural and natural resources 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 65 percent. The non-Federal share of costs of a watershed and river basin assessment shall be 25 percent. The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 65 percent. ; and by striking subsection (e).
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