,,ii #aadth ,,congress #b;d ,session ,s4 #bgag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag1 #bjaf ,mr4 ,barrasso 7for himself and ,mr4 ,mc,cain7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to improve the safety and address the deferred maintenance needs of ,indian dams to prevent flooding on ,indian reservations1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,dam ,repairs and ,improvements for ,tribes ,act of #bjaf or the ,,drift ,act of #bjaf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,,indian ,,dam ,,safety ,,deferred ,,maintenance ,,funds ,subtitle ,a--,high-,hazard ,fund ,sec4 #aja4 ,establishment4 ,sec4 #ajb4 ,deposits to ,fund4 ,sec4 #ajc4 ,expenditures from ,fund4 ,sec4 #ajd4 ,investments of amounts4 ,sec4 #aje4 ,transfers of amounts4 ,sec4 #ajf4 ,termination4 ,subtitle ,b--,low-,hazard ,fund ,sec4 #aaa4 ,establishment4 ,sec4 #aab4 ,deposits to ,fund4 ,sec4 #aac4 ,expenditures from ,fund4 ,sec4 #aad4 ,investments of amounts4 ,sec4 #aae4 ,transfers of amounts4 ,sec4 #aaf4 ,termination4 ,,title ,,ii--,,repair1 ,,replacement1 ,,and ,,maintenance ,,of ,,certain ,,indian ,,dams ,subtitle ,a--,program ,establishment ,sec4 #bja4 ,repair1 replacement1 and maintenance of certain ,indian dams4 ,sec4 #bjb4 ,eligible dams4 ,sec4 #bjc4 ,requirements and conditions4 ,sec4 #bjd4 ,tribal consultation and user input4 ,sec4 #bje4 ,allocation among dams4 ,subtitle ,b--,management ,sec4 #baa4 ,tribal ,safety of ,dams ,committee4 ,sec4 #bab4 ,indian dam surveys4 ,sec4 #bac4 ,flood plain management pilot program4 ,sec4 #bad4 ,tribal ,partnership ,program4,sec4 #bae4 ,cost-sharing for ,indian tribes4 #b4 ,definitions ,in this ,act3 7#a7 ,dam 7,a7 ,in general ,the term dam has the meaning given the term in section #b of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg74 7,b7 ,inclusions ,the term dam includes any structure1 facility1 equipment1 or vehicle used in connection with the operation of a dam4 7#b7 ,fund ,the term ,fund means1 as applicable-- 7,a7 the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund established by section #aja2 or 7,b7 the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund established by section #aaa4 7#c7 ,high hazard potential dam ,the term high hazard potential dam means a dam assigned to the significant or high hazard potential classification under the guidelines published by the ,federal ,emergency ,management ,agency entitled ,federal ,guidelines for ,dam ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc74 7#d7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#e7 ,low hazard potential dam ,the term low hazard potential dam means a dam assigned to the low hazard potential classification under the guidelines published by the ,federal ,emergency ,management ,agency entitled ,federal ,guidelines for ,dam ,safety3 ,hazard ,potential ,classification ,system for ,dams 7,,fema ,publication ,number #ccc74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 in consultation with the ,secretary of the ,army4 ,i ,indian ,dam ,safety ,deferred ,maintenance ,funds ,a ,high-,hazard ,fund #aja4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #ajb2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #ajd4 #ajb4 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjag through #bjcg1 the ,secretary of the ,treasury shall deposit in the ,fund #bb1gej1jjj of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this ,act4 #ajc4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjag through #bjcg1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this ,act1 not more than the sum of-- 7#a7 #bb1gej1jjj2 and 7#b7 the amount of interest accrued in the ,fund4 7b7 ,additional expenditures ,the ,secretary may expend more than #bb1gej1jjj for any fiscal year referred to in subsection 7a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under subsection 7a7 in #a or more prior fiscal years4 #ajd4 ,investments of amounts 7a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7b7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 #aje4 ,transfers of amounts 7a7 ,in general ,the amounts required to be transferred to the ,fund under this subtitle shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7b7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred4 #ajf4 ,termination ,on ,september #cj1 #bjcg-- 7#a7 the ,fund shall terminate2 and 7#b7 the unexpended and unobligated balance of the ,fund shall be transferred to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 ,b ,low-,hazard ,fund #aaa4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #aab2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #aad4 #aab4 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjag through #bjcg1 the ,secretary of the ,treasury shall deposit in the ,fund #aj1jjj1jjj of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this ,act4 #aac4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjag through #bjcg1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this ,act1 not more than the sum of-- 7#a7 #aj1jjj1jjj2 and 7#b7 the amount of interest accrued in the ,fund4 7b7 ,additional expenditures ,the ,secretary may expend more than #aj1jjj1jjj for any fiscal year referred to in subsection 7a7 if the additional amounts are available in the ,fund as a result of a failure of the ,secretary to expend all of the amounts available under subsection 7a7 in #a or more prior fiscal years4 #aad4 ,investments of amounts 7a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7b7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 #aae4 ,transfers of amounts 7a7 ,in general ,the amounts required to be transferred to the ,fund under this subtitle shall be transferred at least monthly from the general fund of the ,treasury to the ,fund on the basis of estimates made by the ,secretary of the ,treasury4 7b7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates are in excess of or less than the amounts required to be transferred4 #aaf4 ,termination ,on ,september #cj1 #bjcg-- 7#a7 the ,fund shall terminate2 and 7#b7 the unexpended and unobligated balance of the ,fund shall be transferred to the reclamation fund established by the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 ,,ii ,repair1 replacement1 and maintenance of certain ,indian dams ,a ,program establishment #bja4 ,repair1 replacement1 and maintenance of certain ,indian dams 7a7 ,in general ,the ,secretary shall establish a program to address the deferred maintenance needs of ,indian dams that-- 7#a7 create flood risks or other risks to public or employee safety or natural or cultural resources2 and 7#b7 unduly impede the management and efficiency of ,indian dams4 7b7 ,funding 7#a7 ,high-hazard fund ,consistent with section #ajb1 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #bb1gej1jjj of amounts in the ,high-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjcg to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian dams described in section #bjb7;a74 7#b7 ,low-hazard fund ,consistent with section #aab1 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #aj1jjj1jjj of amounts in the ,low-,hazard ,indian ,dam ,safety ,deferred ,maintenance ,fund1 plus accrued interest1 for each of fiscal years #bjag through #bjcg to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian dams described in section #bjb7;b74 7c7 ,compliance with dam safety policies ,maintenance1 repair1 and replacement activities for ,indian dams under this ,act shall be carried out in accordance with the dam safety policies of the ,director of the ,bureau of ,indian ,affairs established to carry out the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq474 #bjb4 ,eligible dams 7a7 ,high hazard potential dams ,the dams eligible for funding under section #bja7;b77#a7 are ,indian high hazard potential dams in the ,united ,states that-- 7#a7 are included in the safety of dams program established pursuant to the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 and 7#b7 7,a7 7i7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 and 7ii7 are managed by the ,bureau of ,indian ,affairs 7including dams managed under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq4772 or 7,b7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 7b7 ,low hazard potential dams ,the dams eligible for funding under section #bja7;b77#b7 are ,indian low hazard potential dams in the ,united ,states that1 on the date of enactment of this ,act-- 7#a7 are covered under the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 and 7#b7 7,a7 7i7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 and 7ii7 are managed by the ,bureau of ,indian ,affairs 7including dams managed under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq4772 or 7,b7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 #bjc4 ,requirements and conditions ,not later than #abj days after the date of enactment of this ,act and as a precondition to amounts being expended from the ,fund to carry out this subtitle1 the ,secretary1 in consultation with representatives of affected ,indian tribes1 shall develop and submit to ,congress-- 7#a7 programmatic goals to carry out this subtitle that-- 7,a7 would enable the completion of repairing1 replacing1 improving1 or performing maintenance on ,indian dams as expeditiously as practicable1 subject to the dam safety policies of the ,director of the ,bureau of ,indian ,affairs established to carry out the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 7,b7 facilitate or improve the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating an ,indian dam2 and 7,c7 ensure that the results of government-to-government consultation required under section #bjd be addressed2 and 7#b7 funding prioritization criteria to serve as a methodology for distributing funds under this subtitle that take into account-- 7,a7 the extent to which deferred maintenance of ,indian dams poses a threat to-- 7i7 public or employee safety or health2 7ii7 natural or cultural resources2 or 7iii7 the ability of the ,bureau of ,indian ,affairs to carry out the mission of the ,bureau of ,indian ,affairs in operating an ,indian dam2 7,b7 the extent to which repairing1 replacing1 improving1 or performing maintenance on an ,indian dam will-- 7i7 improve public or employee safety1 health1 or accessibility2 7ii7 assist in compliance with codes1 standards1 laws1 or other requirements2 7iii7 address unmet needs2 or 7iv7 assist in protecting natural or cultural resources2 7,c7 the methodology of the rehabilitation priority index of the ,secretary1 as in effect on the date of enactment of this ,act2 7,d7 the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities2 7,e7 the ability of an ,indian dam to address tribal1 regional1 and watershed level flood prevention needs2 7,f7 the need to comply with the dam safety policies of the ,director of the ,bureau of ,indian ,affairs established to carry out the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq472 7,g7 the ability of the water storage capacity of an ,indian dam to be increased to prevent flooding in downstream tribal and nontribal communities2 and 7,h7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds that are1 to the fullest extent practicable1 consistent with tribal and user recommendations received pursuant to the consultation and input process under section #bjd4 #bjd4 ,tribal consultation and user input 7a7 ,in general ,except as provided in subsection 7b71 before expending funds on an ,indian dam pursuant to section #bja and not later than #fj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 consult with the ,director of the ,bureau of ,indian ,affairs on the expenditure of funds2 7#b7 ensure that the ,director of the ,bureau of ,indian ,affairs advises the ,indian tribe that has jurisdiction over the land on which a dam eligible to receive funding under section #bjb is located on the expenditure of funds2 and 7#c7 solicit and consider the input1 comments1 and recommendations of the landowners served by the ,indian dam4 7b7 ,emergencies ,if the ,secretary determines that an emergency circumstance exists with respect to an ,indian dam1 subsection 7a7 shall not apply with respect to that ,indian dam4 #bje4 ,allocation among dams 7a7 ,in general ,subject to subsection 7b71 to the maximum extent practicable1 the ,secretary shall ensure that1 for each of fiscal years #bjag through #bjcg1 each ,indian dam eligible for funding under section #bjb that has critical maintenance needs receives part of the funding under section #bja to address critical maintenance needs4 7b7 ,priority ,in allocating amounts under section #bja7;b71 in addition to considering the funding priorities described in section #bjc1 the ,secretary shall give priority to ,indian dams eligible for funding under section #bjb that serve-- 7#a7 more than #a ,indian tribe within an ,indian reservation2 or 7#b7 highly populated ,indian communities1 as determined by the ,secretary4 7c7 ,cap on ,funding 7#a7 ,in general ,subject to paragraph 7#b71 in allocating amounts under section #bja7;b71 the ,secretary shall allocate not more than #aj1jjj1jjj to any individual dam described in section #bjb during any consecutive #c-year period4 7#b7 ,exception ,notwithstanding the cap described in paragraph 7#a71 if the full amount under section #bja7;b7 cannot be fully allocated to eligible ,indian dams because the costs of the remaining activities authorized in section #bja7;b7 of an ,indian dam would exceed the cap described in paragraph 7#a71 the ,secretary may allocate the remaining funds to eligible ,indian dams in accordance with this subtitle4 7d7 ,basis of funding ,any amounts made available under this section shall be nonreimbursable4 7e7 ,applicability of ,,isdeaa ,the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 shall apply to activities carried out under this section4 ,b ,management #baa4 ,tribal ,safety of ,dams ,committee 7a7 ,establishment of committee 7#a7 ,establishment ,the ,secretary of the ,interior shall establish within the ,bureau of ,indian ,affairs the ,tribal ,safety of ,dams ,committee 7referred to in this section as the ,committee74 7#b7 ,membership 7,a7 ,composition ,the ,committee shall be composed of #ae members1 of whom-- 7i7 #aa shall be appointed by the ,secretary of the ,interior from among individuals who1 to the maximum extent practicable1 have knowledge and expertise in dam safety issues and flood prevention and mitigation1 of whom not less than #a shall be a member of an ,indian tribe in each of-- 7,i7 the ,intermountain ,west2 7,,ii7 the ,great ,plains2 7,,iii7 the ,pacific ,northwest2 7,,iv7 the ,southwest2 7,v7 the ,southeast2 and 7,,vi7 the ,northeast2 7ii7 #b shall be appointed by the ,secretary of the ,interior from among employees of the ,bureau of ,indian ,affairs who have knowledge and expertise in dam safety issues and flood prevention and mitigation2 7iii7 #a shall be appointed by the ,secretary of the ,interior from among employees of the ,bureau of ,reclamation who have knowledge and expertise in dam safety issues and flood prevention and mitigation2 and 7iv7 #a shall be appointed by the ,secretary of the ,army from among employees of the ,corps of ,engineers who have knowledge and expertise in dam safety issues and flood prevention and mitigation4 7,b7 ,nonvoting members ,the members of the ,committee appointed under clauses 7ii7 and 7iii7 of subparagraph 7,a7 shall be nonvoting members4 7,c7 ,date ,the appointments of the members of the ,committee shall be made as soon as practicable after the date of enactment of this ,act4 7#c7 ,period of appointment ,members shall be appointed for the life of the ,committee4 7#d7 ,vacancies ,any vacancy in the ,committee shall not affect the powers of the ,committee1 but shall be filled in the same manner as the original appointment4 7#e7 ,initial meeting ,not later than #cj days after the date on which all members of the ,committee have been appointed1 the ,committee shall hold the first meeting4 7#f7 ,meetings ,the ,committee shall meet at the call of the ,chairperson4 7#g7 ,quorum ,a majority of the members of the ,committee shall constitute a quorum1 but a lesser number of members may hold hearings4 7#h7 ,chairperson and vice chairperson ,the ,committee shall select a ,chairperson and ,vice ,chairperson from among the members4 7b7 ,duties of the ,committee 7#a7 ,study ,the ,committee shall conduct a thorough study of all matters relating to the modernization of the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq474 7#b7 ,recommendations ,the ,committee shall develop recommendations for legislation to improve the ,indian ,dams ,safety ,act of #aiid 7#be ,u4,s4,c4 #chja et seq474 7#c7 ,report ,not later than #a year after the date on which the ,committee holds the first meeting1 the ,committee shall submit a report containing a detailed statement of the findings and conclusions of the ,committee1 together with recommendations for legislation that the ,committee considers appropriate1 to-- 7,a7 the ,committee on ,indian ,affairs of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7c7 ,powers of the ,committee 7#a7 ,hearings ,the ,committee may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,committee considers appropriate to carry out this section4 7#b7 ,information from federal agencies 7,a7 ,in general ,the ,committee may secure directly from any ,federal department or agency such information as the ,committee considers necessary to carry out this section4 7,b7 ,request ,on request of the ,chairperson of the ,committee1 the head of any ,federal department or agency shall furnish information described in subparagraph 7,a7 to the ,committee4 7#c7 ,postal services ,the ,committee may use the ,united ,states mails in the same manner and under the same conditions as other departments and agencies of the ,federal ,government4 7#d7 ,gifts ,the ,committee may accept1 use1 and dispose of gifts or donations of services or property4 7d7 ,committee personnel matters 7#a7 ,compensation of members 7,a7 ,non-federal members ,each member of the ,committee who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,committee4 7,b7 ,federal members ,each member of the ,committee who is an officer or employee of the ,federal ,government shall serve without compensation in addition to that received for services as an officer or employee of the ,federal ,government4 7#b7 ,travel expenses ,the members of the ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,committee4 7#c7 ,staff 7,a7 ,in general 7i7 ,appointment ,the ,chairperson of the ,committee may1 without regard to the civil service laws and regulations1 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,committee to perform the duties of the ,committee4 7ii7 ,confirmation ,the employment of an executive director shall be subject to confirmation by the ,committee4 7,b7 ,compensation ,the ,chairperson of the ,committee may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7#d7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,committee without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7#e7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,committee may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of that title4 7e7 ,termination of the ,committee ,the ,committee shall terminate #ij days after the date on which the ,committee submits the report under subsection 7b77#c74 7f7 ,funding ,of the amounts authorized to be expended from either ,fund1 #a1jjj1jjj shall be made available from either ,fund during fiscal year #bjag to carry out this section1 to remain available until expended4 #bab4 ,indian dam surveys 7a7 ,tribal reports ,the ,secretary shall request that1 not less frequently than once every #ahj days1 each ,indian tribe submit to the ,secretary a report providing an inventory of the dams located on the land of the ,indian tribe4 7b7 ,,bia reports ,not less frequently than once each year1 the ,secretary shall submit to ,congress a report describing the condition of each dam under the partial or total jurisdiction of the ,secretary4 #bac4 ,flood plain management pilot program 7a7 ,establishment ,the ,secretary shall establish1 within the ,bureau of ,indian ,affairs1 a flood plain management pilot program 7referred to in this section as the program7 to provide1 at the request of an ,indian tribe1 guidance to the ,indian tribe relating to best practices for the mitigation and prevention of floods1 including consultation with the ,indian tribe on-- 7#a7 flood plain mapping2 or 7#b7 new construction planning4 7b7 ,termination ,the program shall terminate on the date that is #d years after the date of enactment of this ,act4 7c7 ,funding ,of the amounts authorized to be expended from either ,fund1 #bej1jjj shall be made available from either ,fund during each of fiscal years #bjag1 #bjah1 and #bjai to carry out this section1 to remain available until expended4 #bad4 ,tribal partnership program ,section #bjc of the ,water ,resources ,development ,act of #bjjj 7#cc ,u4,s4,c4 #bbfi7 is amended by striking subsections 7b7 through 7d7 and inserting the following3 7b7 ,program 7#a7 ,in general ,in coordination with the heads of other appropriate ,federal agencies1 the ,secretary may provide1 in accordance with this subsection1 assistance to an ,indian tribe with any activity relating to the feasibility1 planning1 design1 or construction of a water resources development project that-- 7,a7 will substantially benefit an ,indian tribe2 and 7,b7 is located-- 7i7 primarily within ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code1 and including land that is within the jurisdictional area of an ,oklahoma ,indian tribe1 as determined by the ,secretary of the ,interior1 and is recognized by the ,secretary of the ,interior as eligible for trust land status under part #aea of title #be1 ,code of ,federal ,regulations 7or a successor regulation772 or 7ii7 in proximity to an ,alaska ,native village4 7#b7 ,authorized activities ,an activity under paragraph 7#a7 may address-- 7,a7 projects for flood damage reduction1 environmental restoration and protection1 and preservation of cultural and natural resources2 7,b7 watershed assessments and planning activities2 and 7,c7 such other projects as the ,secretary1 in cooperation with ,indian tribes and the heads of other appropriate ,federal agencies1 determines to be appropriate4 7#c7 ,detailed project reports 7,a7 ,in general ,on request of an ,indian tribe1 the ,secretary shall provide to the ,indian tribe a report describing1 in detail1 the feasibility and planning of a water resources development project described in paragraph 7#a74 7,b7 ,recommendation ,a report under subparagraph 7,a7 may1 but shall not be required to1 contain a recommendation on a specific water resources development project4 7,c7 ,funding 7i7 ,in general ,subject to clause 7ii71 the ,secretary shall use funds made available to the ,secretary to provide a report under subparagraph 7,a74 7ii7 ,limitation ,the ,secretary may not use more than #ajj1jjj for any #a report under subparagraph 7,a74 7#d7 ,design and construction 7,a7 ,in general ,the ,secretary may provide assistance with the design and construction of a water resources development project described in paragraph 7#a7 without specific authorization from ,congress if the projected ,federal share of the cost of the project is not more than #aj1jjj1jjj4 7,b7 ,specific authorization ,a law of ,congress authorizing the ,secretary to provide assistance with the design and construction of a specific water resources development project described in paragraph 7#a7 shall be required if the projected ,federal share of the cost of the project is more than #aj1jjj1jjj4 7#e7 ,contracts and compacts ,the ,secretary may enter into a contract or compact with #a or more ,indian tribes to conduct any activity under paragraph 7#a74 7c7 ,consultation and coordination with ,secretary of the interior 7#a7 ,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 responsibilities1 the ,secretary shall consult with the ,secretary of the ,interior concerning any activity conducted under subsection 7b74 7#b7 ,integration of activities ,the ,secretary shall-- 7,a7 integrate civil works activities of the ,department of the ,army with activities of the ,department of the ,interior to avoid conflicts1 duplications of effort1 or unanticipated adverse effects on ,indian tribes2 and 7,b7 consider the authorities and programs of the ,department of the ,interior and other ,federal agencies in any recommendation concerning any activity conducted under subsection 7b74 7d7 ,cost-,sharing 7#a7 ,ability to pay 7,a7 ,in general ,any cost-sharing agreement for any activity conducted under subsection 7b7 shall be subject to the ability of the non-,federal interest to pay4 7,b7 ,use of procedures 7i7 ,in general ,the ability of a non-,federal interest to pay shall be determined by the ,secretary in accordance with procedures established by the ,secretary4 7ii7 ,determination ,not later than #ahj days after the date of enactment of the ,water ,resources ,reform and ,development ,act of #bjad 7,public ,law #aac-aba71 the ,secretary shall issue guidance on the procedures described in clause 7i74 7#b7 ,credit ,the ,secretary may credit toward the non-,federal share of the costs of any activity conducted under subsection 7b7 the cost of services1 studies1 supplies1 or other in-kind contributions provided by the non-,federal interest an amount equal to not more than #ajj percent of the cost-share requirement of the non-,federal interest if the ,secretary determines that the services1 studies1 supplies1 or other in-kind contributions will facilitate completion of the study4 7#c7 ,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 subsection4 4 #bae4 ,cost-sharing for ,indian tribes ,section #aaef of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bcaj7 is amended-- 7#a7 in the section heading1 by inserting and ,indian tribes after ,territories2 and 7#b7 in subsection 7a7-- 7,a7 by striking projects in and inserting the following3 projects-- 7#a7 in 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 for any ,indian tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a774 4