Page:United States Statutes at Large Volume 114 Part 4.djvu/586

 114 STAT. 2648 PUBLIC LAW 106-541—DEC. 11, 2000 (A) develop a comprehensive plan for restoring, preserving, and protecting the water resources and ecosystem in each watershed and region in New England; and (B) transmit the plan to Congress. (2) CONTENTS. — Each restoration plan shall include— (A) a feasibility report; and (B) a programmatic environmental impact statement covering the proposed Federal action. (d) CRITICAL RESTORATION PROJECTS. — (1) IN GENERAL.— After the restoration plans are transmitted under subsection (c)(1)(B), the Secretary, in coordination with appropriate Federal, State, tribal, regional, and local agencies, shall identify critical restoration projects that will produce independent, immediate, and substantial restoration, preservation, and protection benefits. (2) AGREEMENTS. — The Secretary may carry out a critical restoration project after entering into an agreement with an appropriate non-Federal interest in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this section. (3) PROJECT JUSTIFICATION. — Notwithstanding section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of law, in carrying out a project under this subsection, the Secretary may determine that the project— (A) is justified by the environmental benefits derived from the ecosystem; and (B) shall not need further economic justification if the Secretary determines that the project is cost effective. (4) TIME LIMITATION.— No critical restoration project may be initiated under this subsection after September 30, 2005. (5) COST LIMITATION.— Not more than $5,000,000 in Federal funds may be used to carry out a project under this subsection. (e) COST SHARING. — (1) ASSESSMENT.— (A) IN GENERAL.— The non-Federal share of the cost of the assessment under subsection (b) shall be 25 percent. (B) IN-KIND CONTRIBUTIONS.— The non-Federal share may be provided in the form of services, materials, or other in-kind contributions. (2) RESTORATION PLANS.— (A) IN GENERAL.—The non-Federal share of the cost of developing the restoration plans under subsection (c) shall be 35 percent. (B) IN-KIND CONTRIBUTIONS.—Up to 50 percent of the non-Federal share may be provided in the form of services, materials, or other in-kind contributions. (3) CRITICAL RESTORATION PROJECTS. — (A) IN GENERAL.— The non-Federal share of the cost of carrying out a project under subsection (d) shall be 35 percent. (B) IN-KIND CONTRIBUTIONS.—Up to 50 percent of the non-Federal share may be provided in the form of services, materials, or other in-kind contributions. (C) REQUIRED NON-FEDERAL CONTRIBUTION.— For any critical restoration project, the non-Federal interest shall— (i) provide all land, easements, rights-of-way, dredged material disposal areas, and relocations;

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