Browse Arkansas Code titles and sections

33 U.S.C. § 2281 — Tribal partnership program

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2281 — Tribal partnership program

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2281

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 0d2379792906c99e036d27f16c1dcefc584b9a7af427769dfa71aff38dbf47cc. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_58209daf27f7be0b5cab7c97
Source file: Laws/federal/codes/united-states-code/title-33/section-2281-tribal-partnership-program--855b034762.md
Pages: Not recorded – Not recorded
Passage SHA-256: 262602d5970102cee8305f3a7221737c903146a1e16fecf256d5e17bb8b6d8d9

Source location: Title 33, Chapter 36, § 2281; chapter-036-water-resources-development.md

Stored source content

**(a) Definitions** In this section: (1) **Indian tribe** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (2) **Inter-tribal consortium** — The term “inter-tribal consortium” has the meaning given the term in [section 3202 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3202&num=0&edition=prelim). (3) **Tribal organization** — The term “Tribal organization” has the meaning given the term in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim), 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* — 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). (B) *Recommendation* — A report under subparagraph (A) may, but shall not be required to, contain a recommendation on a specific water resources development project. (C) *Initial costs* — The first $200,000 of the costs of a study under this section shall be at Federal expense. (4) **Design and construction** (A) *In general* — 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. (B) *Specific authorization* — 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. (5) **Project justification** — Notwithstanding any requirement for economic justification established under [section 1962–2 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962–2&num=0&edition=prelim), 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** — 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). (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* — Any cost-sharing agreement for an activity conducted under subsection (b) shall be subject to the ability of the non-Federal interest to pay. (B) *Use of procedures* (i) *In general* — The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (ii) *Determination* — Not later than 180 days after June 10, 2014, the Secretary shall issue guidance on the procedures described in clause (i). (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 2211 and 2213 of this title 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 Federal share of costs of other water-related planning activities described in subsection (b)(1) shall be 100 percent. (6) **Technical assistance** — The Federal share of the cost of activities described in subsection (b)(2)(C) shall be 100 percent. (7) **Congressional notification** (A) *In general* — 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. (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** — 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. (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** — 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. (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).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1151 — Indian country defined

Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1151

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3202 — Definitions

For the purposes of this chapter, the term— (1) “Bureau” means the Bureau of Indian Affairs of the Department of the Interior; (2) “child” means an individual who— (A) is not married, and (B) has not attained 18 years of age; (3) “child abuse” includes but is not limited to— (A) in any case in which— (i) (I) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling; and (II) such condition is not justifiably explained or may not be the product of an accidental occurrence; or (ii) a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; and (B) any case in which a child is subjected to sexual assault, sexual molestation, sexual exploitation, sexual contact, or prostitution; (4) “child neglect” includes but is not limited to, negligent treatment or maltreatment of a child by a person, including a person responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby; (5) “family violence” means any act, or threatened act, of violence, including any forceful detention of an individual, which— (A) results, or threatens to result, in physical or mental injury, and (B) is committed by an individual against another individual— (i) to whom such person is, or was, related by blood or marriage or otherwise legally related, or (ii) with whom such person is, or was, residing; (6) “Indian” means any individual who is a member of an Indian tribe; (7) “Indian child” has the meaning given to such term by [section 1903(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3202

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2269 — Watershed and river basin assessments

**(a) In general** The Secretary may assess the water resources needs of river basins and watersheds of the United States, including needs relating to— (1) ecosystem protection and restoration; (2) flood damage reduction; (3) navigation and ports; (4) watershed protection; (5) water supply; (6) drought preparedness; (7) sea level rise; (8) coastal storm damage reduction; and (9) streambank and shoreline protection. **(b) Cooperation** An assessment under subsection (a) shall be carried out in cooperation and coordination with— (1) the Secretary of the Interior; (2) the Secretary of Agriculture; (3) the Secretary of Commerce; (4) the Administrator of the Environmental Protection Agency; and (5) the heads of other appropriate agencies. **(c) Consultation** In carrying out an assessment under subsection (a), the Secretary shall consult with Federal, tribal, State, interstate, and local governmental entities. **(d) Priority river basins and watersheds** In selecting river basins and watersheds for assessment under this section, the Secretary shall give priority to— (1) the Delaware River basin; (2) the Kentucky River basin; (3) the Potomac River basin; (4) the Susquehanna River basin; (5) the Willamette River basin; (6) Tuscarawas River Basin, Ohio; (7) Sauk River Basin, Snohomish and Skagit Counties, Washington; (8) Niagara River Basin, New York; (9) Genesee River Basin, New York; (10) White River Basin, Arkansas and Missouri; (11) New York-New Jersey Watershed Basin, which encompasses all the watersheds that flow into the New York-New Jersey Harbor and their associated estuaries, including the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary; (12) Mississippi River Watershed; (13) Chattahoo

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2269

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962–2 — Prohibition on Great Lakes diversions

**(a) Congressional findings and declarations** The Congress finds and declares that— (1) the Great Lakes are a most important natural resource to the eight Great Lakes States and two Canadian provinces, providing water supply for domestic and industrial use, clean energy through hydropower production, an efficient transportation mode for moving products into and out of the Great Lakes region, and recreational uses for millions of United States and Canadian citizens; (2) the Great Lakes need to be carefully managed and protected to meet current and future needs within the Great Lakes basin and Canadian provinces; (3) any new diversions of Great Lakes water for use outside of the Great Lakes basin will have significant economic and environmental impacts, adversely affecting the use of this resource by the Great Lakes States and Canadian provinces; and (4) four of the Great Lakes are international waters and are defined as boundary waters in the Boundary Waters Treaty of 1909 between the United States and Canada, and as such any new diversion of Great Lakes water in the United States would affect the relations of the Government of the United States with the Government of Canada. **(b) Congressional declaration of purpose and policy** It is therefore declared to be the purpose and policy of the Congress in this section— (1) to take immediate action to protect the limited quantity of water available from the Great Lakes system for use by the Great Lakes States and in accordance with the Boundary Waters Treaty of 1909; (2) to encourage the Great Lakes States, in consultation with the Provinces of Ontario and Quebec, to develop and implement a mechanism that provides a common conservation standard embodying the principles of water conservation and resource improvement

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962–2

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282c — Feasibility reports

**(a) Preparation of reports** (1) **In general** — In the case of any water resources project-related study authorized to be undertaken by the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall prepare a feasibility report, subject to [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2215&num=0&edition=prelim). (2) **Contents of feasibility reports** — A feasibility report shall describe, with reasonable certainty, the economic, environmental, and social benefits and detriments of the recommended plan and alternative plans considered by the Secretary and the engineering features (including hydrologic and geologic information), the public acceptability, and the purposes, scope, and scale of the recommended plan. A feasibility report shall also include the views of other Federal agencies and non-Federal agencies with regard to the recommended plan, a description of a nonstructural alternative to the recommended plan when such plan does not have significant nonstructural features, and a description of the Federal and non-Federal participation in such plan, and shall demonstrate that States, other non-Federal interests, and Federal agencies have been consulted in the development of the recommended plan. A feasibility report shall include a preliminary analysis of the Federal interest and the costs, benefits, and environmental impacts of the project. (3) **Applicability** — This subsection shall not apply to— (A) any study with respect to which a report has been submitted to Congress before November 17, 1986; (B) any study for a project, which project is authorized for construc

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282c

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2282d — Planning

**(a) Omitted** **(b) Planning process improvements** The Chief of Engineers— (1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and (2) not later than one year after November 8, 2007, shall— (A) issue procedures for risk analysis for cost estimation for water resources projects; and (B) submit to Congress a report that includes any recommended amendments to [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim). **(c) Benchmarks** (1) **In general** — Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers. (2) **Benchmark goals** — The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years. **(d) Calculation of benefits and costs for flood damage reduction projects** A feasibility study for a project for flood damage reduction shall include, as part of t

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282d

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2281 — Matters to be addressed in planning

Page 759 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2281a § 2281. Matters to be addressed in planning (a) In general Enhancing national economic development (including benefits to particular regions of the Nation not involving the transfer of economic activity to such regions from other regions), the quality of the total environment (including preservation and enhancement of the environ- ment), the well-being of the people of the United States, the prevention of loss of life, and the preservation of cultural and historical values shall be addressed in the formulation and eval- uation of water resources projects to be carried out by the Secretary, and the associated bene- fits and costs, both quantifiable and unquantifiable, and information regarding po- tential loss of human life that may be associ- ated with flooding and coastal storm events, shall be displayed in the benefits and costs of such projects. (b) Assessments For all feasibility reports for water resources projects completed after December 31, 2007, the Secretary shall assess whether— (1) the water resources project and each sep- arable element is cost-effective; and (2) the water resources project complies with Federal, State, and local laws (including regu- lations) and public policies. (Pub. L. 99–662, title IX, § 904, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 101–640, title III, § 315, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 104–303, title II, § 231, Oct. 12, 1996, 110 Stat. 3704; Pub. L. 110–114, title II, § 2033(a), Nov. 8, 2007, 121 Stat. 1084.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–114 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Pub. L. 104–303 inserted ‘‘and information re- garding potential loss of human life that

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2281

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.