PUBLIC LAW 106-541—DEC. 11, 2000 114 STAT. 2675 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 Contracts, 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, rightof-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. —T here is authorized to be appropriated to carry out this section $40,000,000, of which not more than $5,000,000 may be used to carry out any 1 critical restoration project. SEC. 545. WILLAPA BAY, WASHINGTON. (a) STUDY.— The Secretary shall conduct a study to determine the feasibility of providing coastal erosion protection for the tribal reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington. (b) PROJECT. — (1) IN GENERAL. —Notwithstanding any other provision of law (including any requirement for economic justification), the Secretary may construct and maintain a project to provide coastal erosion protection for the tribal reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington, at Federal expense, if the Secretary determines that the project— (A) is a cost-effective means of providing erosion protection; (B) is environmentally acceptable and technically feasible; and (C) will improve the economic and social conditions of the Shoalwater Bay Tribe. (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY. —As a condition of the project described in paragraph (1), the Shoalwater Bay Tribe shall provide lands, easements, rights-of-way, and dredged material disposal areas necessary for implementation of the project.
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