Page:United States Statutes at Large Volume 121.djvu/1306

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1285

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(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the Federal share of the cost of carrying out an ecosystem restoration project under this subsection shall be 65 percent. (B) EXCEPTION FOR CERTAIN RESTORATION PROJECTS.— In the case of a project under this section for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project— (i) is located below the ordinary high water mark or in a connected backwater; (ii) modifies the operation of structures for navigation; or (iii) is located on federally owned land. (C) SAVINGS CLAUSE.—Nothing in this subsection affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(e)). (D) NONGOVERNMENTAL ORGANIZATIONS.—In accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), for any project carried out under this title, a non-Federal sponsor may include a nonprofit entity, with the consent of the affected local government. (4) LAND ACQUISITION.—The Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing seller through conveyance of— (A) fee title to the land; or (B) a flood plain conservation easement. (c) MONITORING.—The Secretary shall carry out a long term resource monitoring, computerized data inventory and analysis, and applied research program for the Upper Mississippi River and Illinois River to determine trends in ecosystem health, to understand systemic changes, and to help identify restoration needs. The program shall consider and adopt the monitoring program established under section 1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)). (d) ECOSYSTEM RESTORATION PRECONSTRUCTION ENGINEERING AND DESIGN.— (1) RESTORATION DESIGN.—Before initiating the construction of any individual ecosystem restoration project, the Secretary shall— (A) establish ecosystem restoration goals and identify specific performance measures designed to demonstrate ecosystem restoration; (B) establish the without-project condition or baseline for each performance indicator; and (C) for each separable element of the ecosystem restoration, identify specific target goals for each performance indicator. (2) OUTCOMES.—Performance measures identified under paragraph (1)(A) shall include specific measurable environmental outcomes, such as changes in water quality, hydrology, or the well-being of indicator species the population and distribution of which are representative of the abundance and diversity of ecosystem-dependent aquatic and terrestrial species. (3) RESTORATION DESIGN.—Restoration design carried out as part of ecosystem restoration shall include a monitoring

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