View all text of Subchapter IV [§ 2261 - § 2270]
§ 2269. Tribal partnership program
(a) Definition of Indian tribe
(b) Program
(1) In generalIn cooperation with Indian tribes and the heads of other Federal agencies, the Secretary may carry out water-related planning activities, or activities relating to the study, design, and construction of 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, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations) or in proximity to Alaska Native villages.
(2) Authorized activitiesAn activity conducted under paragraph (1) may address—
(A) projects for flood 1
1 So in original. Probably should be followed by “or”.
hurricane and storm damage reduction, including erosion control, environmental restoration and protection, and preservation of cultural and natural resources;(B) watershed assessments and planning activities;
(C) technical assistance to an Indian tribe, including—
(i) 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
(ii) the provision of, and integration into planning of, hydrologic, economic, and environmental data and analyses; and
(D) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate.
(3) Feasibility study and reports
(A) In general
(B) Recommendation
(C) Initial costs
(4) Design and construction
(A) In general
(B) Specific authorization
(5) Project justificationNotwithstanding any requirement for economic justification established under section 1962–2 of title 42, the Secretary may implement a project (other than a project for ecosystem restoration) under this section if the Secretary determines that the project will—
(A) significantly reduce potential flood or hurricane and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization);
(B) improve the quality of the environment;
(C) reduce risks to life safety associated with the hazards described in subparagraph (A); and
(D) improve the long-term viability of the community.
(c) Consultation and coordination with Secretary of the Interior
(1) In general
(2) Integration of activitiesThe 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 an activity conducted under subsection (b).
(d) Cost sharing
(1) Ability to pay
(A) In general
(B) Use of procedures
(i) In general
(ii) Determination
(2) Credit
(3) Sovereign immunity
(4) Water resources development projects
(A) In general
(B) Other costs
(5) Water-related planning activities
(A) In general
(B) Other costs
(6) Technical assistance
(e) Restrictions
(Pub. L. 106–541, title II, § 203, Dec. 11, 2000, 114 Stat. 2588; Pub. L. 110–114, title II, § 2011, Nov. 8, 2007, 121 Stat. 1074; Pub. L. 113–121, title I, § 1031(a), June 10, 2014, 128 Stat. 1232; Pub. L. 114–322, title I, § 1121, Dec. 16, 2016, 130 Stat. 1644; Pub. L. 115–270, title I, § 1157(i), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title III, § 303, Dec. 27, 2020, 134 Stat. 2703; Pub. L. 117–263, div. H, title LXXXI, § 8111, Dec. 23, 2022, 136 Stat. 3703.)