§2330a — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The Secretary must make sure any feasibility study for an ecosystem restoration project includes a monitoring plan as part of the recommended project. The plan must describe the monitoring actions, the rules for saying the project succeeded, and the expected cost and how long monitoring will take. It must also describe the restoration actions, the physical steps, the benefits expected, and a backup plan if things are not working. Monitoring must continue until the Secretary decides the success rules will be met. For 10 years after construction is finished, the Secretary will treat monitoring costs as a project cost. If monitoring is needed beyond that 10-year period, those extra costs are the non‑Federal partner’s responsibility. A non‑Federal partner’s duty to operate and maintain the nonstructural, nonmechanical parts of a project ends 10 years after the Secretary declares success. After a partner is released from those duties, the Secretary is not responsible for operating or maintaining those parts.

Title 33, §2330a

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In conducting a feasibility study for a project (or a component of a project) for ecosystem restoration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration.

(b)The monitoring plan shall—

(1)include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; and

(2)specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.

(c)For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Secretary shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under subsection (b) requires monitoring beyond the 10-year period, the cost of monitoring shall be a non-Federal responsibility.

(d)A monitoring plan under subsection (b) shall include a description of—

(1)the types and number of restoration activities to be conducted;

(2)the physical action to be undertaken to achieve the restoration objectives of the project;

(3)the functions and values that will result from the restoration plan; and

(4)a contingency plan for taking corrective actions in cases in which monitoring demonstrates that restoration measures are not achieving ecological success in accordance with criteria described in the monitoring plan.

(e)The responsibility of a non-Federal interest for operation and maintenance of the nonstructural and nonmechanical elements of a project, or a component of a project, for ecosystem restoration shall cease 10 years after the date on which the Secretary makes a determination of success under subsection (b)(2).

(f)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 (e).

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Subsecs. (d) to (f). Pub. L. 114–322 added subsecs. (d) to (f).

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§2330a Monitoring Ecosystem Restoration