NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.

SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION. (a) Definitions.—In this section, the following definitions apply: (1) Critical restoration project.—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. (2) New england.—The term “New England” means all watersheds, estuaries, and related coastal areas in the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. (b) Assessment.— (1) In general.—The Secretary, in coordination with appropriate Federal, State, tribal, regional, and local agencies, shall perform an assessment of the condition of water resources and related ecosystems in New England to identify problems and needs for restoring, preserving, and protecting water resources, ecosystems, wildlife, and fisheries. (2) Matters to be addressed.—The assessment shall include— (A) development of criteria for identifying and prioritizing the most critical problems and needs; and (B) a framework for development of watershed or regional restoration plans. (3) Use of existing information.—In performing the assessment, the Secretary shall, to the maximum extent practicable, use— (A) information that is available on the date of enactment of this Act; and (B) ongoing efforts of all participating agencies. (4) Criteria; framework.— (A) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and make available for public review and comment— (i) criteria for identifying and prioritizing critical problems and needs; and (ii) a framework for development of watershed or regional restoration plans. (B) Use of resources.—In developing the criteria and framework, the Secretary shall make full use of all available Federal, State, tribal, regional, and local resources. (5) Report.—Not later than October 1, 2002, the Secretary shall transmit to Congress a report on the assessment. (c) Restoration Plans.— (1) In general.—After the report is transmitted under subsection (b)(5), the Secretary, in coordination with appropriate Federal, State, tribal, regional, and local agencies, shall—114 STAT. 2648 (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;114 STAT. 2649 (ii) pay all operation, maintenance, replacement, repair, and rehabilitation costs; and (iii) hold the United States harmless from all claims arising from the construction, operation, and maintenance of the project. (D) Credit.—The Secretary shall credit the non-Federal interest for the value of the land, easements, rights-of-way, dredged material disposal areas, and relocations provided under subparagraph (C). (f) Authorization of Appropriations.— (1) Assessment and restoration plans.—There is authorized to be appropriated to carry out subsections (b) and (c) $4,000,000 for each of fiscal years 2001 through 2005. (2) Critical restoration projects.—There is authorized to be appropriated to carry out subsection (d) $55,000,000.