Sec. 2039. MONITORING ECOSYSTEM RESTORATION
358 words·~2 min read·
/statute-compilations/comps-9003/sec-2039A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2039 MONITORING ECOSYSTEM RESTORATION **[**[33 U.S.C. 2330a](/us/usc/t33/s2330a)**]** ###
(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).
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 2039
MONITORING ECOSYSTEM RESTORATION
Cites 1Cited by 0 across 0 sources