; or (2) the obligations of a non-Federal party to comply with applicable Federal and State laws. . 302. Performance-based restoration authority (a) Definitions In this section: (1) Eligible project The term eligible project means a habitat or ecosystem restoration, mitigation, or enhancement project or activity authorized individually or through an existing Federal program. (2) Eligible restoration provider The term eligible restoration provider means a non-Federal for-profit or nonprofit organization, company, or corporation, or a State, Tribal, or local government, that is bonded, insured, and experienced in financing and completing successful habitat and restoration, mitigation, and enhancement activities. (3) Performance-based The term performance-based means, with respect to a contract, grant agreement, cooperative agreement, or fixed amount award, a pay-for-performance, pay-for-success, pay-for-results, or similar model by which the restoration provider agrees to finance and complete habitat or ecosystem restoration, mitigation, or enhancement activities, with payment to the restoration provider linked to delivery of verifiable and successful ecological performance, based on metrics and the timeframe established in advance by the Secretary. (4) Restoration provider The term restoration provider means a non-Federal organization that performs restoration services contracted for, agreed to, or awarded under a contract or agreement entered into under subsection (b)(1). (b) Authorization (1) In general Subject to subsection (j), in implementing existing authorities under Federal law related to habitat and ecosystem restoration, mitigation, or enhancement, the Secretary may enter into performance-based contracts, grant agreements, and cooperative agreements, including providing funding through fixed amount awards, with eligible restoration providers for the conduct of eligible projects for which ecological targets and outcomes are— (A) clearly defined; (B) agreed to in advance