Page:United States Statutes at Large Volume 114 Part 4.djvu/527

 PUBLIC LAW 106-541—DEC. 11, 2000 114 STAT. 2589 (B) are located primarily within Indian country (as defined in section 1151 of title 18, United States Code) or in proximity to Alaska Native villages. (2) MATTERS TO BE STUDIED.—^A study conducted under paragraph (1) may address— (A) projects for flood damage reduction, environmental restoration and protection, and preservation of cultural " and natural resources; and (B) such other projects as the Secretary, in cooperation with Indian tribes and the heads of other Federal agencies, determines to be appropriate. (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 studies 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 carrying out projects studied under subsection (b). (d) COST SHARING.— (1) ABILITY TO PAY.— (A) IN GENERAL. — Any cost-sharing agreement for a study under subsection (b) shall be subject to the ability of the non-Federal interest to pay. (B) USE OF PROCEDURES. — The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. (2) CREDIT.— The Secretary may credit toward the non- Federal share of the costs of a study under subsection (b) the cost of services, studies, supplies, or other in-kind contributions provided by the non-Federal interest if the Secretary determines that the services, studies, supplies, and other inkind contributions will facilitate completion of the study. (e) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2002 through 2006, of which not more than $1,000,000 may be used with respect to any 1 Indian tribe. SEC, 204. ABILITY TO PAY. Section 103(m) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(m)) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: "(1) IN GENERAL.— Any cost-sharing agreement under this section for a feasibility study, or for construction of an environmental protection and restoration project, a flood control project, a project for navigation, storm damage protection, shoreline erosion, hurricane protection, or recreation, or an agricultural

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