Page:United States Statutes at Large Volume 114 Part 4.djvu/610

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114 STAT. 2672 PUBLIC LAW 106-541—DEC. 11, 2000 maintaining or enhancing water quality in the Lake Champlain watershed; (D) natural resource stewardship activities on public or private land to promote land uses that— (i) preserve and enhance the economic and social character of the communities in the Lake Champlain watershed; and (ii) protect and enhance water quality; or (E) any other activity determined by the Secretary to be appropriate. (c) PUBLIC OWNERSHIP REQUIREMENT.— The Secretary may provide assistance for a critical restoration project under this section only if— (1) the critical restoration project is publicly owned; or (2) the non-Federal interest with respect to the critical restoration project demonstrates that the critical restoration project will provide a substantial public benefit in the form of water quality improvement. (d) PROJECT SELECTION.— (1) IN GENERAL.—In consultation with the Lake Champlain Basin Program and the heads of other appropriate Federal, State, tribal, and local agencies, the Secretary may— (A) identify critical restoration projects in the Lake Champlain watershed; and (B) carry out the critical restoration projects 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. (2) CERTIFICATION.— (A) IN GENERAL.—^A critical restoration project shall be eligible for financial assistance under this section only if the appropriate State official for the critical restoration project certifies to the Secretary that the critical restoration project will contribute to the protection and enhancement of the quality or quantity of the water resources of the Lake Champlain watershed. (B) SPECIAL CONSIDERATION.— In certifying critical restoration projects to the Secretary, the appropriate State officials shall give special consideration to projects that implement plans, agreements, and measures that preserve and enhance the economic and social character of the communities in the Lake Champlain watershed. (e) COST SHARING.— Contracts. (1) IN GENERAL.—Before providing assistance under this section with respect to a critical restoration project, the Secretary shall enter into a project cooperation agreement 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,