U.S Code last checked for updates: Feb 22, 2025
§ 2269.
Tribal partnership program
(a)
Definitions
In this section:
(1)
Indian tribe
(2)
Inter-tribal consortium
(3)
Tribal organization
(b)
Program
(1)
In general
In cooperation with Indian tribes, inter-tribal consortiums, Tribal organizations, 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, inter-tribal consortiums, or Tribal organizations; 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 activities
An activity conducted under paragraph (1) may address—
(A)
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;
(B)
watershed assessments and planning activities;
(C)
technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, 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;
(D)
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
(E)
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.
(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 justification
Notwithstanding 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 activities
The 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
(7)
Congressional notification
(A)
In general
(B)
Contents
In preparing the written notification under subparagraph (A), the Secretary shall include, for each determination made by the Secretary—
(i)
the name of the non-Federal interest that submitted to the Secretary a request for a determination under paragraph (1)(B);
(ii)
the name and location of the project; and
(iii)
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.
(e)
Pilot program
(1)
In general
(2)
Project selection
The Secretary shall carry out not more than 7 activities or projects under the pilot program described in paragraph (1), of which—
(A)
one is located along the Mid-Columbia River, Washington, Tancum Creek, Washington, or Similk Bay, Washington;
(B)
one is located at Big Bend, Lake Oahe, Fort Randall, or Gavins Point reservoirs, South Dakota; and
(C)
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.
(3)
Report to Congress
(4)
Savings clause
Nothing in this subsection authorizes—
(A)
a project for the removal of a dam that otherwise is a project described in paragraph (2);
(B)
the study of the removal of a dam; or
(C)
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).
(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;
cite as: 33 USC 2269