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SEC.
2007. INDEPENDENT PEER REVIEW.
(a) Definitions.--In
this section:
(1) CONSTRUCTION
ACTIVITIES.--The term ``construction activities'' means
development of detailed engineering and design specifications during
the preconstruction engineering and design phase and the engineering
and design phase of a water resources project carried out by the Corps
of Engineers, and other activities carried out on a water resources
project prior to completion of the construction and to turning the
project over to the local cost-share partner.
(2) PROJECT
STUDY.--The term ``project study'' means a feasibility
report, reevaluation report, or environmental impact statement prepared
by the Corps of Engineers.
(b) Director
of Independent Review.--The Secretary shall appoint in the
Office of the Secretary a Director of Independent Review. The Director
shall be selected from among individuals who are distinguished experts
in engineering, hydrology, biology, economics, or another discipline
related to water resources management. The Secretary shall ensure, to
the maximum extent practicable, that the Director does not have a
financial, professional, or other conflict of interest with projects
subject to review. The Director of Independent Review shall carry out
the duties set forth in this section and such other duties as the
Secretary deems appropriate.
(c) Sound
Project Planning.--
(1) PROJECTS
SUBJECT TO PLANNING REVIEW.--The Secretary shall ensure that
each project study for a water resources project shall be reviewed by
an independent panel of experts established under this subsection if--
(A) the project has an
estimated total cost of more than $40,000,000, including mitigation
costs;
(B) the Governor of a
State in which the water resources project is located in whole or in
part, or the Governor of a State within the drainage basin in which a
water resources project is located and that would be directly affected
economically or environmentally as a result of the project, requests in
writing to the Secretary the establishment of an independent panel of
experts for the project;
(C) the head of a Federal
agency with authority to review the project determines that the project
is likely to have a significant adverse impact on public safety, or on
environmental, fish and wildlife, historical, cultural, or other
resources under the jurisdiction of the agency, and requests in writing
to the Secretary the establishment of an independent panel of experts
for the project; or
(D) the Secretary
determines on his or her own initiative, or shall determine within 30
days of receipt of a written request for a controversy determination by
any party, that the project is controversial because--
(i) there is a
significant dispute regarding the size, nature, potential safety risks,
or effects of the project; or
(ii) there is a
significant dispute regarding the economic, or environmental costs or
benefits of the project.
(2) PROJECT
PLANNING REVIEW PANELS.--
(A) PROJECT
PLANNING REVIEW PANEL MEMBERSHIP.--For each water resources
project subject to review under this subsection, the Director of
Independent Review shall establish a panel of independent experts that
shall be composed of not less than 5 nor more than 9 independent
experts (including at least 1 engineer, 1 hydrologist, 1 biologist, and
1 economist) who represent a range of areas of expertise. The Director
of Independent Review shall apply the National Academy of Science's
policy for selecting committee members to ensure that members have no
conflict with the project being reviewed, and shall consult with the
National Academy of Sciences in developing lists of individuals to
serve on panels of experts under this subsection. An individual serving
on a panel under this subsection shall be compensated at a rate of pay
to be determined by the Secretary, and shall be allowed travel expenses.
(B) DUTIES OF
PROJECT PLANNING REVIEW PANELS.--An independent panel of
experts established under this subsection shall review the project
study, receive from the public written and oral comments concerning the
project study, and submit a written report to the Secretary that shall
contain the panel's conclusions and recommendations regarding project
study issues identified as significant by the panel, including issues
such as--
(i) economic and
environmental assumptions and projections;
(ii) project evaluation
data;
(iii) economic or
environmental analyses;
(iv) engineering analyses;
(v) formulation of
alternative plans;
(vi) methods for
integrating risk and uncertainty;
(vii) models used in
evaluation of economic or environmental impacts of proposed projects;
and
(viii) any related
biological opinions.
(C) PROJECT
PLANNING REVIEW RECORD.--
(i) IN GENERAL.--After
receiving a report from an independent panel of experts established
under this subsection, the Secretary shall take into consideration any
recommendations contained in the report and shall immediately make the
report available to the public on the internet.
(ii) RECOMMENDATIONS.--The
Secretary shall prepare a written explanation of any recommendations of
the independent panel of experts established under this subsection not
adopted by the Secretary. Recommendations and findings of the
independent panel of experts rejected without good cause shown, as
determined by judicial review, shall be given equal deference as the
recommendations and findings of the Secretary during a judicial
proceeding relating to the water resources project.
(iii) SUBMISSION
TO CONGRESS AND PUBLIC AVAILABILITY.--The report of the
independent panel of experts established under this subsection and the
written explanation of the Secretary required by clause (ii) shall be
included with the report of the Chief of Engineers to Congress, shall
be published in the Federal Register, and shall be made available to
the public on the Internet.
(D) DEADLINES
FOR PROJECT PLANNING REVIEWS.--
(i) IN GENERAL.--Independent
review of a project study shall be completed prior to the completion of
any Chief of Engineers report for a specific water resources project.
[Page: S7815]
(ii) DEADLINE
FOR PROJECT PLANNING REVIEW PANEL STUDIES.--An independent
panel of experts established under this subsection shall complete its
review of the project study and submit to the Secretary a report not
later than 180 days after the date of establishment of the panel, or
not later than 90 days after the close of the public comment period on
a draft project study that includes a preferred alternative, whichever
is later. The Secretary may extend these deadlines for good cause.
(iii) FAILURE
TO COMPLETE REVIEW AND REPORT.--If an independent panel of
experts established under this subsection does not submit to the
Secretary a report by the deadline established by clause (ii), the
Chief of Engineers may continue project planning without delay.
(iv) DURATION
OF PANELS.--An independent panel of experts established under
this subsection shall terminate on the date of submission of the report
by the panel. Panels may be established as early in the planning
process as deemed appropriate by the Director of Independent Review,
but shall be appointed no later than 90 days before the release for
public comment of a draft study subject to review under subsection
(c)(1)(A), and not later than 30 days after a determination that review
is necessary under subsection (c)(1)(B), (c)(1)(C), or (c)(1)(D).
(E) EFFECT ON
EXISTING GUIDANCE.--The project planning review required by
this subsection shall be deemed to satisfy any external review required
by Engineering Circular 1105-2-408 (31 May 2005) on Peer Review of
Decision Documents.
(d) Safety
Assurance.--
(1) PROJECTS
SUBJECT TO SAFETY ASSURANCE REVIEW.--The Secretary shall
ensure that the construction activities for any flood damage reduction
project shall be reviewed by an independent panel of experts
established under this subsection if the Director of Independent Review
makes a determination that an independent review is necessary to ensure
public health, safety, and welfare on any project--
(A) for which the
reliability of performance under emergency conditions is critical;
(B) that uses innovative
materials or techniques;
(C) for which the project
design is lacking in redundancy, or that has a unique construction
sequencing or a short or overlapping design construction schedule; or
(D) other than a project
described in subparagraphs (A) through (C), as the Director of
Independent Review determines to be appropriate.
(2) SAFETY
ASSURANCE REVIEW PANELS.--At the appropriate point in the
development of detailed engineering and design specifications for each
water resources project subject to review under this subsection, the
Director of Independent Review shall establish an independent panel of
experts to review and report to the Secretary on the adequacy of
construction activities for the project. An independent panel of
experts under this subsection shall be composed of not less than 5 nor
more than 9 independent experts selected from among individuals who are
distinguished experts in engineering, hydrology, or other pertinent
disciplines. The Director of Independent Review shall apply the
National Academy of Science's policy for selecting committee members to
ensure that panel members have no conflict with the project being
reviewed. An individual serving on a panel of experts under this
subsection shall be compensated at a rate of pay to be determined by
the Secretary, and shall be allowed travel expenses.
(3) DEADLINES
FOR SAFETY ASSURANCE REVIEWS.--An independent panel of
experts established under this subsection shall submit a written report
to the Secretary on the adequacy of the construction activities prior
to the initiation of physical construction and periodically thereafter
until construction activities are completed on a publicly available
schedule determined by the Director of Independent Review for the
purposes of assuring the public safety. The Director of Independent
Review shall ensure that these reviews be carried out in a way to
protect the public health, safety, and welfare, while not causing
unnecessary delays in construction activities.
(4) SAFETY
ASSURANCE REVIEW RECORD.--After receiving a written report
from an independent panel of experts established under this subsection,
the Secretary shall--
(A) take into
consideration recommendations contained in the report, provide a
written explanation of recommendations not adopted, and immediately
make the report and explanation available to the public on the
Internet; and
(B) submit the report to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(e) Expenses.--
(1) IN GENERAL.--The
costs of an independent panel of experts established under subsection
(c) or (d) shall be a Federal expense and shall not exceed--
(A) $250,000, if the
total cost of the project in current year dollars is less than
$50,000,000; and
(B) 0.5 percent of the
total cost of the project in current year dollars, if the total cost is
$50,000,000 or more.
(2) WAIVER.--The
Secretary, at the written request of the Director of Independent
Review, may waive the cost limitations under paragraph (1) if the
Secretary determines appropriate.
(f) Report.--Not
later than 5 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report describing the
implementation of this section.
(g) Savings
Clause.--Nothing in this section shall be construed to
affect any authority of the Secretary to cause or conduct a peer review
of the engineering, scientific, or technical basis of any water
resources project in existence on the date of enactment of this Act.
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