§ 2330a. Monitoring ecosystem restoration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 title II § 2039 · 121 Stat. 1041

   Enacted · 33 U.S.C. § 2330a

   Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100

   Source evidence

   Code source credit
   Pub. L. 110–114, title II, § 2039, Nov. 8, 2007, 121 Stat. 1100

   Enacted provision · exact public law section
   SEC. 2039. MONITORING ECOSYSTEM RESTORATION. (a) In General.— 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) Monitoring Plan.— 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) Cost Share.— 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.

2. 2016

   Water Resources Development Act of 2016

   Pub. L. 114–322 title I § 1161 · 130 Stat. 1628

   Added · 33 U.S.C. § 2330a(d)(f)

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

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 114–322 added subsecs. (d) to (f).

   Enacted provision · exact public law section
   SEC. 1161. COMPLETION OF ECOSYSTEM RESTORATION PROJECTS.   Section 2039 of the Water Resources Development Act of 2007 (33 U.S.C. 2330a) is amended by adding at the end the following: “(d) Inclusions.— 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) Conclusion of Operation and Maintenance Responsibility.— 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) Federal Obligations.— 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).” .

2 of 2 references resolved to an enrolled provision