Sec. 114. Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects
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Notwithstanding section 103(j) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2213(j) ), a non-Federal interest is released from any obligation to operate and maintain the nonstructural and nonmechanical components of a water resources development project carried out for the purposes of environmental protection and restoration or aquatic ecosystem restoration, including a project carried out under section 206 of the Water Resources Development Act of 1996 ( 33 U.S.C. 2330 ) or section 1135 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2309a ), if the Secretary determines that— the 50-year period that began on the date on which project construction was completed has concluded; or the criteria identified in the guidance issued under subsection
(c)have been met with respect to the project. The Secretary is not responsible for the operation or maintenance of any components of a project with respect to which a non-Federal interest is released from obligations under subsection (a). In consultation with non-Federal interests, and not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance that identifies criteria for determining, using the best available science, when the purpose of a project for environmental protection and restoration or aquatic ecosystem restoration has been achieved, including criteria for determining when a project has resulted in the return of the project location to a condition where natural hydrologic and ecological functions are the predominant factors in the condition, functionality, and durability of the location.
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Sec. 114
Operation and maintenance of environmental protection and restoration and aquatic ecosystem restoration projects
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