---
kind: "section"
citation: "33 U.S.C. § 2330a"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2330a"
heading: "Monitoring ecosystem restoration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2330a"
units:
  - "Chapter 36 — Water Resources Development"
  - "Subchapter V — General Provisions"
---

# §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](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) 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](/usc/33/426h–1.md?p=2) shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under [subsection (b)](#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)](#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](/usc/33/426h–1.md?p=2) makes a determination of success under [subsection (b)(2)](#b-2).
- (f) **Federal obligations—** The [Secretary](/usc/33/426h–1.md?p=2) 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)](#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.)

## Notes

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

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.