33 USC § 2330a - Monitoring ecosystem restoration

---
identifier: "/us/usc/t33/s2330a"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 2330a - Monitoring ecosystem restoration"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "2330a"
section_name: "Monitoring ecosystem restoration"
chapter_number: 36
chapter_name: "WATER RESOURCES DEVELOPMENT"
subchapter_number: "V"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 2330a. 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.

**(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).

---

**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.)

## 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).  added subsecs. (d) to (f).

## Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see , set out as a note under .