Sec. 1140. 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 (a)— in the subsection heading, by striking and inserting Definition of Indian Tribe ; Definitions by striking In this section, the term and inserting “In this section: The terms Indian tribe and Indian Tribe have the meanings given the terms ; and by adding at the end the following: The term inter-tribal consortium has the meaning given the term in section 403 of the Indian Child Protection and Family Violence Prevention Act ( 25 U.S.C. 3202 ).
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; in subsection (b)— in paragraph (1)— in the matter preceding subparagraph (A), by inserting , inter-tribal consortiums, Tribal organizations, after Indian tribes ; and in subparagraph (A), by inserting , inter-tribal consortiums, or Tribal organizations after Indian tribes ; by striking paragraph
(2)and inserting the following: An activity conducted under paragraph
(1)may address— 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; technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, including— 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. ; in paragraph (3)(A)— by inserting , an inter-tribal consortium, or a Tribal organization after an Indian tribe ; and by inserting , inter-tribal consortium, or Tribal organization after the Indian tribe ; and in paragraph (4), by striking $26,000,000 each place it appears and inserting $28,500,000 ; in subsection (d), by adding at the end the following: 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. In preparing the written notification under subparagraph (A), the Secretary shall include, for each determination made by the Secretary— 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. ; and by striking subsection
(e)and inserting the following: 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. The Secretary shall carry out not more than 7 activities or projects under the pilot program described in paragraph (1), of which— 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 the date of enactment of this section, 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. Nothing in this subsection authorizes— 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). .
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