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33 U.S.C. § 2330a

Title 33 Chapter 36 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
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§ 2330a. Monitoring ecosystem restoration

  • (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).

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