Sec. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON
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## SEC. 544 PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON ###
(a)Definition of Critical Restoration Project In this section, the term “critical restoration project” means a project that will produce, consistent with Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, and protection benefits. ###
(b)Critical Restoration Projects The Secretary may participate in critical restoration projects in the area of Puget Sound, Washington, and adjacent waters, including— ####
(1)the watersheds that drain directly into Puget Sound; ####
(2)Admiralty Inlet; ####
(3)Hood Canal; ####
(4)Rosario Strait; and ####
(5)the Strait of Juan de Fuca to Cape Flattery. ###
(c)Project Selection ####
(1)In general The Secretary may identify critical restoration projects in the area described in subsection
(b)based on— #####
(A)studies to determine the feasibility of carrying out the critical restoration projects; and #####
(B)analyses conducted before the date of enactment of this Act by non-Federal interests. ####
(2)Criteria and procedures for review and approval #####
(A)In general In consultation with the Secretary of Commerce, the Secretary of the Interior, the Governor of the State of Washington, tribal governments, and the heads of other appropriate Federal, State, and local agencies, the Secretary may develop criteria and procedures for prioritizing projects identified under paragraph (1). #####
(B)Consistency with fish restoration goals The criteria and procedures developed under subparagraph
(A)shall be consistent with fish restoration goals of the National Marine Fisheries Service and the State of Washington. #####
(C)Use of existing studies and plans In carrying out subparagraph (A), the Secretary shall use, to the maximum extent practicable, studies and plans in existence on the date of enactment of this Act to identify project needs and priorities. ####
(3)Local participation In prioritizing projects for implementation under this section, the Secretary shall consult with, and consider the priorities of, public and private entities that are active in watershed planning and ecosystem restoration in Puget Sound watersheds, including— #####
(A)the Salmon Recovery Funding Board; #####
(B)the Northwest Straits Commission; #####
(C)the Hood Canal Coordinating Council; #####
(D)county watershed planning councils; and #####
(E)salmon enhancement groups. ###
(d)Implementation The Secretary may carry out projects identified under subsection
(c)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. ###
(e)Cost Sharing ####
(1)In general Before carrying out any project under this section, the Secretary shall enter into a binding agreement with the non-Federal interest that shall require the non-Federal interest— #####
(A)to pay 35 percent of the total costs of the project; #####
(B)to provide any land, easements, rights-of-way, dredged material disposal areas and relocations necessary to carry out the project; #####
(C)to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the project; and #####
(D)to hold the United States harmless from any claim or damage that may arise from carrying out the project, except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government. ####
(2)Credit #####
(A)In general The Secretary shall credit the non-Federal interest for the value of any land, easement, right-of-way, dredged material disposal area, or relocation provided for carrying out the project. #####
(B)Form The non-Federal interest may provide up to 50 percent of the non-Federal share in the form of services, materials, supplies, or other in-kind contributions. ###
(f)Authorization of Appropriations There is authorized to be appropriated to carry out this section $60,000,000, of which not more than $10,000,000 may be used to carry out any 1 critical restoration project.
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Sec. 544
PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON
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