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None of the funds made available by this Act may be used for oyster restoration, recovery, or enhancement activities in the Chesapeake Bay or its tributaries at any site that has been designated as underperforming for five or more years following initial federal investment, unless the Secretary of Commerce certifies in writing, that the site has a new, independently conducted and peer-reviewed restoration plan that demonstrates a high likelihood of meeting significant ecological or economic outcomes within 2 years of the enactment of this legislation.