Sec. 1121. TRIBAL PARTNERSHIP PROGRAM
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## SEC. 1121 TRIBAL PARTNERSHIP PROGRAM Section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269) is amended— ####
(1)in subsection (b)— #####
(A)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,”; #####
(B)in paragraph
(2)by striking “
(2)Matters to be studied.—A study ” and inserting the following: > > #### “(2) Authorized Activities > > An activity” > ; and #####
(C)by adding at the end the following: > > #### “(3) Feasibility study and reports > > > ##### “(A) In general > > On the request of an Indian tribe, the Secretary shall conduct a study on, and provide to the Indian tribe a report describing, the feasibility of a water resources development project described in paragraph (1). > > > ##### “(B) Recommendation > > A report under subparagraph
(A)may, but shall not be required to, contain a recommendation on a specific water resources development project. > > > #### “(4) Design and construction > > > ##### “(A) In general > > The Secretary may carry out the design and construction of a water resources development project 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. > > > ##### “(B) Specific authorization > > 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.” > ; ####
(2)in subsection (c)— #####
(A)in paragraph
(1)by striking “studies” and inserting “an activity”; and #####
(B)in paragraph (2)(B) by striking “carrying out projects studied” and inserting “an activity conducted”; and ####
(3)in subsection (d)— #####
(A)in paragraph (1)(A) by striking “a study” and inserting “an activity conducted”; and #####
(B)by striking paragraph
(2)and inserting the following: > > #### “(2) Credit > > 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. > > > #### “(3) Sovereign immunity > > 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. > > > #### “(4) Water resources development projects > > > ##### “(A) In general > > The non-Federal share of costs for the study of a water resources development project described in subsection (b)(1) shall be 50 percent. > > > ##### “(B) Other costs > > 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. > > > #### “(5) Water-related planning activities > > > ##### “(A) In general > > The non-Federal share of costs of a watershed and river basin assessment conducted under subsection
(b)shall be 25 percent. > > > ##### “(B) Other costs > > The non-Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 50 percent.” > .
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