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33 U.S.C. § 2269

Tribal partnership program

United States · Title 33 — NAVIGATION AND NAVIGABLE WATERS · Status: effective

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33 U.S.C. § 2269, Tribal partnership program, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/469336
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In this section: The terms “Indian tribe” and “Indian Tribe” have the meanings given the terms “Indian tribe” has the meaning given the term 11 So in original. in section 5304 of title 25. The term “inter-tribal consortium” has the meaning given the term in section 3202 of title 25. The term “Tribal organization” has the meaning given the term in section 5304 of title 25. 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— An activity conducted under paragraph (1) may address— technical assistance to an Indian Tribe, an inter-tribal consortium, or a Tribal organization, including— On the request of an Indian tribe, an inter-tribal consortium, or a Tribal organization, the Secretary shall conduct a study on, and provide to the Indian tribe, inter-tribal consortium, or Tribal organization a report describing, the feasibility of a water resources development project 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 $200,000 of the costs of a study under this section shall be at Federal expense. The Secretary may carry out the design and construction of a water resources development project, or separable element of a project, described in paragraph (1) that the Secretary determines is feasible if the Federal share of the cost of the project or separable element is not more than $28,500,000. If the Federal share of the cost of the project or separable element described in subparagraph (A) is more than $26,000,000, the Secretary may only carry out the project or separable element if Congress enacts a law authorizing the Secretary to carry out the project or separable element. 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— In recognition of the unique role of the Secretary of the Interior concerning trust responsibilities with Indian tribes and in recognition of mutual trust responsibilities, the Secretary shall consult with the Secretary of the Interior concerning an activity conducted under subsection (b). The Secretary shall— Any cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay. The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. Not later than 180 days after June 10, 2014, the Secretary shall issue guidance on the procedures described in clause (i). 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. 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 2211 and 2213 of this title and shared in the same percentages as the purposes to which the costs are assigned. The non-Federal share of costs of a watershed and river basin assessment conducted under subsection (b) shall be 25 percent. The Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent. The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent. 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 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— Not later than 3 years after January 4, 2025, 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—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.