33 U.S.C. § 2330a — Monitoring ecosystem restoration
submitted 19 years ago by Pub. L. 110-114 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 337 words · no verdicts yet
An ecosystem-restoration feasibility study must include a monitoring plan. The plan describes monitoring, success criteria, cost, duration, restoration activities, and corrective actions, and the section sets payment and responsibility rules.
(a) The Secretary must ensure that a feasibility study’s recommended ecosystem-restoration project or component includes an integral success-monitoring plan. (b) The plan must (1) describe monitoring activities, success criteria, estimated cost, and duration and (2) require monitoring until the Secretary determines the criteria will be met. (c) For 10 years after construction completion, monitoring cost is a project cost; monitoring beyond 10 years is non-Federal. (d) The plan must describe (1) restoration types and numbers, (2) physical actions needed to achieve objectives, (3) resulting functions and values, and (4) contingency corrective action when monitoring shows ecological success is not being achieved under the plan’s criteria. (e) A non-Federal interest’s operation and maintenance responsibility for nonstructural and nonmechanical elements ends 10 years after the Secretary determines success under (b)(2). (f) The Secretary is not responsible for components for which that interest is released.
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.
The monitoring plan shall—
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
specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.
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.
A monitoring plan under subsection (b) shall include a description of—
the types and number of restoration activities to be conducted;
the physical action to be undertaken to achieve the restoration objectives of the project;
the functions and values that will result from the restoration plan; and
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.
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).
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).
Source credit: (Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, § 1161, Dec. 16, 2016, 130 Stat. 1668.)
- 2007Enacted · Pub. L. 110-114 · 121 Stat. 1100
- 2016Amended · Pub. L. 114-322 · 130 Stat. 1668
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-114 on 2007-11-08.
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