Sec. 105. Assumption of maintenance of a locally preferred plan
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Section 204(f) of the Water Resources Development Act of 1986 ( 33 U.S.C. 2232(f) ) is amended to read as follows: Whenever a non-Federal interest carries out improvements to a federally authorized harbor or inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with section 101(b) if— before construction of the improvements— the Secretary determines that the improvements are feasible and consistent with the purposes of this title; and the Secretary and the non-Federal interest execute a written agreement relating to operation and maintenance of the improvements; the Secretary certifies that the project or separable element of the project is constructed in accordance with applicable permits and appropriate engineering and design standards; and the Secretary does not find that the project or separable element is no longer feasible.
In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to deviate from the national economic development plan, the Secretary shall be responsible for all operation and maintenance costs of such improvements, as described in section 101(b), including costs in excess of the costs of the national economic development plan, if the Secretary determines that the improvements satisfy the requirements of paragraph (1). .
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Sec. 105
Assumption of maintenance of a locally preferred plan
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