II 

109TH CONGRESS 

2D SESSION S. 2288 

To modernize water resources planning, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2006 

Mr. FEINGOLD (for himself and Mr. MCCAIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To modernize water resources planning, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Resources Plan5 ning and Modernization Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COUNCIL.—The term ‘‘Council’’ means the 

9 Water Resources Council established under section 
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1 101 of the Water Resources Planning Act (42 

2 U.S.C. 1962a). 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Army. 

5 SEC. 3. NATIONAL WATER RESOURCES PLANNING AND 

6 MODERNIZATION POLICY. 

7 It is the policy of the United States that all water 

8 resources projects carried out by the Corps of Engineers 

9 shall— 

10 (1) reflect national priorities for flood damage 

11 reduction, navigation, and ecosystem restoration; 

12 and 

13 (2) seek to avoid the unwise use of floodplains, 

14 minimize vulnerabilities in any case in which a flood15 plain must be used, protect and restore the extent 

16 and functions of natural systems, and mitigate any 

17 unavoidable damage to natural systems. 

18 SEC. 4. MEETING THE NATION’S WATER RESOURCE PRIOR19 ITIES. 

20 (a) REPORT ON THE NATION’S FLOOD RISKS.—Not 

21 later than 18 months after the date of enactment of this 

22 Act, the Council shall submit to the President and Con23 gress a report describing the vulnerability of the United 

24 States to damage from flooding and related storm dam25 age, including the risk to human life, the risk to property, 
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1 and the comparative risks faced by different regions of the 

2 country. The report shall assess the extent to which the 

3 Nation’s programs relating to flooding are addressing 

4 flood risk reduction priorities and the extent to which 

5 those programs may unintentionally be encouraging devel6 opment and economic activity in floodprone areas, and 

7 shall provide recommendations for improving those pro8 grams in reducing and responding to flood risks. Not later 

9 than 90 days after the report required by this subsection 

10 is published in the Federal Register, the Administration 

11 shall submit to Congress a report that responds to the 

12 recommendations of the Council and includes proposals to 

13 implement recommendations of the Council. 

14 (b) PRIORITIZATION OF WATER RESOURCES

15 PROJECTS.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Council shall 

18 submit to Congress an initial report containing a 

19 prioritized list of each water resources project of the 

20 Corps of Engineers that is not being carried out 

21 under a continuing authorities program, categorized 

22 by project type and recommendations with respect to 

23 a process to compare all water resources projects 

24 across project type. The Council shall submit to 

25 Congress a prioritized list of water resources 
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1 projects of the Corps of Engineers every 2 years fol2 lowing submission of the initial report. In preparing 

3 the prioritization of projects, the Council shall en4 deavor to balance stability in the rankings from year 

5 to year with recognizing newly authorized projects. 

6 Each report prepared under this paragraph shall 

7 provide documentation and description of any cri8 teria used in addition to those set forth in paragraph 

9 (2) for comparing water resources projects and the 

10 assumptions upon which those criteria are based. 

11 (2) PROJECT PRIORITIZATION CRITERIA.—In 

12 preparing a report under paragraph (1), the Council 

13 shall prioritize each water resource project of the 

14 Corps of Engineers based on the extent to which the 

15 project meets at least the following criteria: 

16 (A) For flood damage reduction projects, 

17 the extent to which such a project— 

18 (i) addresses the most critical flood 

19 damage reduction needs of the United 

20 States as identified by the Council; 

21 (ii) does not encourage new develop22 ment or intensified economic activity in 

23 flood prone areas and avoids adverse envi24 ronmental impacts; and 
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1 (iii) provides significantly increased 

2 benefits to the United States through the 

3 protection of human life, property, eco4 nomic activity, or ecosystem services. 

5 (B) For navigation projects, the extent to 

6 which such a project— 

7 (i) produces a net economic benefit to 

8 the United States based on a high level of 

9 certainty that any projected trends upon 

10 which the project is based will be realized; 

11 (ii) addresses priority navigation 

12 needs of the United States identified 

13 through comprehensive, regional port plan14 ning; and 

15 (iii) minimizes adverse environmental 

16 impacts. 

17 (C) For environmental restoration projects, 

18 the extent to which such a project— 

19 (i) restores the natural hydrologic 

20 processes and spatial extent of an aquatic 

21 habitat; 

22 (ii) is self-sustaining; and 

23 (iii) is cost-effective or produces eco24 nomic benefits. 
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1 (3) SENSE OF CONGRESS.—It is the sense of 

2 Congress that to promote effective prioritization of 

3 water resources projects, no project should be au4 thorized for construction unless a final Chief’s re5 port recommending construction has been submitted 

6 to Congress, and annual appropriations for the 

7 Corps of Engineers’ Continuing Authorities Pro8 grams should be distributed by the Corps of Engi9 neers to those projects with the highest degree of de10 sign merit and the greatest degree of need, con11 sistent with the applicable criteria established under 

12 paragraph (2). 

13 (c) MODERNIZING WATER RESOURCES PLANNING

14 GUIDELINES.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, and every 5 years 

17 thereafter, the Council, in coordination with the Na18 tional Academy of Sciences, shall propose revisions 

19 to the planning principles and guidelines, regula20 tions, and circulars of the Corps of Engineers to im21 prove the process by which the Corps of Engineers 

22 analyzes and evaluates water projects. 

23 (2) PUBLIC PARTICIPATION.—The Council shall 

24 solicit public and expert comment and testimony re-
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1 garding proposed revisions and shall subject pro2 posed revisions to public notice and comment. 

3 (3) REVISIONS.—Revisions proposed by the 

4 Council shall improve water resources project plan5 ning through, among other things— 

6 (A) focusing Federal dollars on the highest 

7 water resources priorities of the United States; 

8 (B) requiring the use of modern economic 

9 principles and analytical techniques, credible 

10 schedules for project construction, and current 

11 discount rates as used by all other Federal 

12 agencies; 

13 (C) discouraging any project that induces 

14 new development or intensified economic activ15 ity in flood prone areas, and eliminating biases 

16 and disincentives to providing projects to low17 income communities, including fully accounting 

18 for the prevention of loss of life as required by 

19 section 904 of the Water Resources Develop20 ment Act of 1986 (33 U.S.C. 2281); 

21 (D) eliminating biases and disincentives 

22 that discourage the use of nonstructural ap23 proaches to water resources development and 

24 management, and fully accounting for the flood 
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1 protection and other values of healthy natural 

2 systems; 

3 (E) utilizing a comprehensive, regional ap4 proach to port planning; 

5 (F) promoting environmental restoration 

6 projects that reestablish natural processes; 

7 (G) analyzing and incorporating lessons 

8 learned from recent studies of Corps of Engi9 neers programs and recent disasters such as 

10 Hurricane Katrina and the Great Midwest 

11 Flood of 1993; and 

12 (H) ensuring the effective implementation 

13 of the National Water Resources Planning and 

14 Modernization Policy established by this Act. 

15 (d) REVISION OF PLANNING GUIDELINES.—Not later 

16 than 180 days after submission of the proposed revisions 

17 required by subsection (b), the Secretary shall implement 

18 the recommendations of the Council by incorporating the 

19 proposed revisions into the planning principles and guide20 lines, regulations, and circulars of the Corps of Engineers. 

21 These revisions shall be subject to public notice and com22 ment pursuant to subchapter II of chapter 5, and chapter 

23 7, of title 5, United States Code (commonly known as the 

24 ‘‘Administrative Procedure Act’’). Effective beginning on 

25 the date on which the Secretary carries out the first revi-
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1 sion under this paragraph, the Corps of Engineers shall 

2 not be subject to— 

3 (1) subsections (a) and (b) of section 80 of the 

4 Water Resources Development Act of 1974 (42 

5 U.S.C. 1962d–17); and 

6 (2) any provision of the guidelines entitled 

7 ‘‘Economic and Environmental Principles and 

8 Guidelines for Water and Related Land Resources 

9 Implementation Studies’’ and dated 1983, to the ex10 tent that such a provision conflicts with a guideline 

11 revised by the Secretary. 

12 (e) AVAILABILITY.—Each report prepared under this 

13 section shall be published in the Federal Register and sub14 mitted to the Committees on Environment and Public 

15 Works and Appropriations of the Senate and the Commit16 tees on Transportation and Infrastructure and Appropria17 tions of the House of Representatives. 

18 (f) WATER RESOURCES COUNCIL.—Section 101 of 

19 the Water Resources Planning Act (42 U.S.C. 1962a) is 

20 amended in the first sentence by inserting ‘‘the Secretary 

21 of Homeland Security, the Chairperson of the Council on 

22 Environmental Quality,’’ after ‘‘Secretary of Transpor23 tation,’’. 
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1 (g) FUNDING.—In carrying out this section, the 

2 Council shall use funds made available for the general op3 erating expenses of the Corps of Engineers. 

4 SEC. 5. EFFECTIVE PROJECT PLANNING. 

5 (a) DEFINITIONS.—In this section: 

6 (1) AFFECTED STATE.—The term ‘‘affected 

7 State’’ means a State that is located, in whole or in 

8 part, within the drainage basin in which a water re9 sources project is carried out and that would be eco10 nomically or environmentally affected as a result of 

11 the project. 

12 (2) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of Independent Review appointed under 

14 subsection (c). 

15 (3) STUDY.—The term ‘‘study’’ means a feasi16 bility report, general reevaluation report, or environ17 mental impact statement prepared by the Corps of 

18 Engineers. 

19 (b) PROJECTS SUBJECT TO INDEPENDENT RE20 VIEW.— 

21 (1) IN GENERAL.—The Secretary shall ensure 

22 that each study for each water resources project de23 scribed in paragraph (2) is subject to review by an 

24 independent panel of experts established under this 

25 section. 
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1 (2) PROJECTS SUBJECT TO REVIEW.—A water 

2 resources project shall be subject to review under 

3 this section if— 

4 (A) the project has an estimated total cost 

5 of more than $25,000,000, including mitigation 

6 costs; 

7 (B) the Governor of an affected State re8 quests in writing to the Secretary the establish9 ment of an independent panel of experts for the 

10 project; 

11 (C) the head of a Federal agency charged 

12 with reviewing the project determines that the 

13 project is likely to have a significant adverse 

14 impact on cultural, environmental, or other re15 sources under the jurisdiction of the agency, 

16 and requests in writing to the Secretary the es17 tablishment of an independent panel of experts 

18 for the project; or 

19 (D) the Secretary determines that the 

20 project is controversial based upon a finding 

21 that— 

22 (i) there is a significant dispute re23 garding the size, nature, or effects of the 

24 project; 
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1 (ii) there is a significant dispute re2 garding the economic or environmental 

3 costs or benefits of the project; or 

4 (iii) there is a significant dispute re5 garding the potential benefits to commu6 nities affected by the project of a project 

7 alternative that was not fully considered in 

8 the study. 

9 (3) WRITTEN REQUESTS.—Not later than 30 

10 days after the date on which the Secretary receives 

11 a written request of any party, or on the initiative 

12 of the Secretary, the Secretary shall determine 

13 whether a project is controversial. 

14 (c) DIRECTOR OF INDEPENDENT REVIEW.— 

15 (1) IN GENERAL.—The Inspector General of 

16 the Army shall appoint in the Office of the Inspector 

17 General of the Army a Director of Independent Re18 view. The term of a Director appointed under this 

19 subsection shall be 6 years, and an individual may 

20 serve as the Director for not more than 2 non21 consecutive terms. 

22 (2) QUALIFICATIONS.—The Inspector General 

23 of the Army shall select the Director from among in24 dividuals who are distinguished experts in engineer25 ing, hydrology, biology, economics, or another dis-
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1 cipline relating to water resources management. The 

2 Inspector General of the Army shall not appoint an 

3 individual to serve as the Director if the individual 

4 has a financial interest in or close professional asso5 ciation with any entity with a financial interest in a 

6 water resources project that, on the date of appoint7 ment of the Director, is under construction, in the 

8 preconstruction engineering and design phase, or 

9 under feasibility or reconnaissance study by the 

10 Corps of Engineers. The Inspector General of the 

11 Army may establish additional criteria if necessary 

12 to avoid a conflict of interest between the individual 

13 appointed as Director and the projects subject to re14 view. 

15 (3) DUTIES.—The Director shall establish a 

16 panel of experts to review each water resources 

17 project that is subject to review under subsection 

18 (b). 

19 (d) ESTABLISHMENT OF PANELS.— 

20 (1) IN GENERAL.—Not later than 90 days be21 fore the release of a draft study subject to review 

22 under subsection (b)(2)(A), and not later than 30 

23 days after a determination that a review is necessary 

24 under subparagraph (B), (C), or (D) of subsection 

25 (b)(2), the Director shall establish a panel of experts 
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1 to review the draft study. Panels may be convened 

2 earlier on the request of the Chief of Engineers. 

3 (2) MEMBERSHIP.—A panel of experts estab4 lished by the Director for a project shall be com5 posed of not less than 5 nor more than 9 inde6 pendent experts (including 1 or more engineers, hy7 drologists, biologists, and economists) who represent 

8 a range of areas of expertise. 

9 (3) LIMITATION ON APPOINTMENTS.—The Di10 rector shall apply the National Academy of Science’s 

11 policy for selecting committee members to ensure 

12 that members of a review panel have no conflict with 

13 the project being reviewed. 

14 (4) CONSULTATION.—The Director shall con15 sult with the National Academy of Sciences in devel16 oping lists of individuals to serve on panels of ex17 perts under this section. 

18 (5) NOTIFICATION.—To ensure that the Direc19 tor is able to effectively carry out the duties of the 

20 Director under this section, the Secretary shall no21 tify the Director in writing not later than 120 days 

22 before the release of a draft study for a project cost23 ing more than $25,000,000 or for which a prelimi24 nary assessment suggests that a panel of experts 

25 may be required. 
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1 (6) COMPENSATION.—An individual serving on 

2 a panel of experts under this section shall be com3 pensated at a rate of pay to be determined by the 

4 Inspector General of the Army. 

5 (7) TRAVEL EXPENSES.—A member of a panel 

6 of experts under this section shall be allowed travel 

7 expenses, including per diem in lieu of subsistence, 

8 at rates authorized for an employee of an agency 

9 under subchapter I of chapter 57 of title 5, United 

10 States Code, while away from the home or regular 

11 place of business of the member in the performance 

12 of the duties of the panel. 

13 (e) DUTIES OF PANELS.—A panel of experts estab14 lished for a water resources project under this section 

15 shall— 

16 (1) review each draft study prepared for the 

17 project; 

18 (2) assess the adequacy of the economic, sci19 entific, and environmental models used by the Sec20 retary in reviewing the project and assess whether 

21 the best available economic and scientific data and 

22 methods of analysis have been used; 

23 (3) assess the extent to which the study com24 plies with the National Water Resources Planning 

25 and Modernization Policy established by this Act; 
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1 (4) evaluate the engineering assumptions and 

2 plans for any flood control structure whose failure 

3 could result in significant flooding; 

4 (5) receive from the public written and oral 

5 comments concerning the project; 

6 (6) submit an Independent Review Report to 

7 the Secretary that addresses the economic, engineer8 ing, and environmental analyses of the project, in9 cluding the conclusions of the panel, with particular 

10 emphasis on areas of public controversy, with re11 spect to the study; and 

12 (7) submit a Final Assessment Report to the 

13 Secretary that briefly provides the views of the panel 

14 on the extent to which the final study prepared by 

15 the Corps adequately addresses issues or concerns 

16 raised by the panel in the Independent Review Re17 port. 

18 (f) DEADLINES FOR PANEL REPORTS.—A panel shall 

19 submit its Independent Review Report under subsection 

20 (e)(6) to the Secretary not later than 90 days after the 

21 close of the public comment period or not later than 180 

22 days after the panel is convened, whichever is later. A 

23 panel shall submit its Final Assessment Report under sub24 section (e)(7) to the Secretary not later than 30 days after 
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1 release of the final study. The Director may extend these 

2 deadlines for good cause shown. 

3 (g) RECOMMENDATIONS OF PANEL.— 

4 (1) CONSIDERATION BY SECRETARY.—If the 

5 Secretary receives an Independent Review Report on 

6 a water resources project from a panel of experts 

7 under subsection (e)(6), the Secretary shall, at least 

8 30 days before releasing a final study for the 

9 project, take into consideration any recommenda10 tions contained in the report, prepare a written ex11 planation for any recommendations not adopted, and 

12 make such written explanations available to the pub13 lic, including through posting on the Internet. 

14 (2) INCONSISTENT RECOMMENDATIONS AND

15 FINDINGS.—Recommendations and findings of the 

16 Secretary that are inconsistent with the rec17 ommendations and findings of a panel of experts 

18 under this section shall not be entitled to deference 

19 in a judicial proceeding. 

20 (3) SUBMISSION TO CONGRESS AND PUBLIC

21 AVAILABILITY.—After receiving an Independent Re22 view Report under subsection (e)(6) or a Final As23 sessment Report under subsection (e)(7), the Sec24 retary shall immediately make a copy of the report 

25 available to the public. The Secretary also shall im-
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1 mediately make available to the public any written 

2 response by the Secretary prepared pursuant to 

3 paragraph (1). Copies of all independent review 

4 panel reports and all written responses by the Sec5 retary also shall be included in any report submitted 

6 to Congress concerning the project. 

7 (h) RECORD OF DECISION.—The Secretary shall not 

8 issue a record of decision or a report of the Chief of Engi9 neers for a water resources project subject to review under 

10 this section until, at the earliest, 14 days after the dead11 line for submission of the Final Assessment Report re12 quired under subsection (e)(7). 

13 (i) PUBLIC ACCESS TO INFORMATION.—The Sec14 retary shall ensure that information relating to the anal15 ysis of any water resources project by the Corps of Engi16 neers, including all supporting data, analytical documents, 

17 and information that the Corps of Engineers has consid18 ered in the justification for and analysis of the project, 

19 is made available to the public on the Internet and to an 

20 independent review panel, if a panel is established for the 

21 project. The Secretary shall not make information avail22 able under this paragraph if the Secretary determines that 

23 the information is a trade secret of any person that pro24 vided the information to the Corps of Engineers. 

25 (j) COSTS OF REVIEW.— 
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1 (1) IN GENERAL.—The cost of conducting a re2 view of a water resources project under this section 

3 shall not exceed— 

4 (A) $250,000 for a project, if the total cost 

5 of the project in current year dollars is less 

6 than $50,000,000; and 

7 (B) 0.5 percent of the total cost of the 

8 project in current year dollars, if the total cost 

9 is $50,000,000 or more. 

10 (2) WAIVER.—The Secretary may waive these 

11 cost limitations if the Secretary determines that the 

12 waiver is appropriate. 

13 (k) APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act (5 

15 U.S.C. App.) shall apply to a panel of experts established 

16 under this section. 

17 SEC. 6. MITIGATION. 

18 (a) MITIGATION.—Section 906(d) of the Water Re19 sources Development Act of 1986 (33 U.S.C. 2283(d)) is 

20 amended— 

21 (1) in paragraph (1), by striking ‘‘to the Con22 gress’’ and inserting ‘‘to Congress, and shall not 

23 choose a project alternative in any final record of de24 cision, environmental impact statement, or environ25 mental assessment,’’, and by inserting in the second 
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1 sentence ‘‘and other habitat types’’ after ‘‘bottom2 land hardwood forests’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(3) MITIGATION REQUIREMENTS.— 

5 ‘‘(A) MITIGATION.—To mitigate losses to 

6 flood damage reduction capabilities and fish 

7 and wildlife resulting from a water resources 

8 project, the Secretary shall ensure that mitiga9 tion for each water resources project complies 

10 fully with the mitigation standards and policies 

11 established by each State in which the project 

12 is located. Under no circumstances shall the 

13 mitigation required for a water resources 

14 project be less than would be required of a pri15 vate party or other entity under section 404 of 

16 the Federal Water Pollution Control Act (33 

17 U.S.C. 1344). 

18 ‘‘(B) MITIGATION PLAN.—The specific 

19 mitigation plan for a water resources project re20 quired under paragraph (1) shall include, at a 

21 minimum— 

22 ‘‘(i) a detailed plan to monitor mitiga23 tion implementation and ecological success, 

24 including the designation of the entities 

25 that will be responsible for monitoring; 
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1 ‘‘(ii) specific ecological success criteria 

2 by which the mitigation will be evaluated 

3 and determined to be successful, prepared 

4 in consultation with the Director of the 

5 United States Fish and Wildlife Service or 

6 the Director of the National Marine Fish7 eries Service, as appropriate, and each 

8 State in which the project is located; 

9 ‘‘(iii) a detailed description of the land 

10 and interests in land to be acquired for 

11 mitigation, and the basis for a determina12 tion that land and interests are available 

13 for acquisition; 

14 ‘‘(iv) sufficient detail regarding the 

15 chosen mitigation sites, and types and 

16 amount of restoration activities to be con17 ducted, to permit a thorough evaluation of 

18 the likelihood of the ecological success and 

19 aquatic and terrestrial resource functions 

20 and habitat values that will result from the 

21 plan; and 

22 ‘‘(v) a contingency plan for taking 

23 corrective actions if monitoring dem24 onstrates that mitigation efforts are not 
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1 achieving ecological success as described in 

2 the ecological success criteria. 

3 ‘‘(4) DETERMINATION OF MITIGATION SUC4 CESS.— 

5 ‘‘(A) IN GENERAL.—Mitigation under this 

6 subsection shall be considered to be successful 

7 at the time at which monitoring demonstrates 

8 that the mitigation has met the ecological suc9 cess criteria established in the mitigation plan. 

10 ‘‘(B) EVALUATION AND REPORTING.—The 

11 Secretary shall consult annually with the Direc12 tor of the United States Fish and Wildlife Serv13 ice and the Director of the National Marine 

14 Fisheries Service, as appropriate, and each 

15 State in which the project is located, on each 

16 water resources project requiring mitigation to 

17 determine whether mitigation monitoring for 

18 that project demonstrates that the project is 

19 achieving, or has achieved, ecological success. 

20 Not later than 60 days after the date of com21 pletion of the annual consultation, the Director 

22 of the United States Fish and Wildlife Service 

23 or the Director of the National Marine Fish24 eries Service, as appropriate, shall, and each 
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1 State in which the project is located may, sub2 mit to the Secretary a report that describes— 

3 ‘‘(i) the ecological success of the miti4 gation as of the date of the report; 

5 ‘‘(ii) the likelihood that the mitigation 

6 will achieve ecological success, as defined 

7 in the mitigation plan; 

8 ‘‘(iii) the projected timeline for achiev9 ing that success; and 

10 ‘‘(iv) any recommendations for im11 proving the likelihood of success. 

12 The Secretary shall respond in writing to the 

13 substance and recommendations contained in 

14 such reports not later than 30 days after the 

15 date of receipt. Mitigation monitoring shall con16 tinue until it has been demonstrated that the 

17 mitigation has met the ecological success cri18 teria.’’. 

19 (b) MITIGATION TRACKING SYSTEM.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Sec22 retary shall establish a recordkeeping system to 

23 track, for each water resources project constructed, 

24 operated, or maintained by the Secretary and for 
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1 each permit issued under section 404 of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1344)— 

3 (A) the quantity and type of wetland and 

4 other habitat types affected by the project, 

5 project operation, or permitted activity; 

6 (B) the quantity and type of mitigation re7 quired for the project, project operation, or per8 mitted activity; 

9 (C) the quantity and type of mitigation 

10 that has been completed for the project, project 

11 operation, or permitted activity; and 

12 (D) the status of monitoring for the miti13 gation carried out for the project, project oper14 ation, or permitted activity. 

15 (2) REQUIRED INFORMATION AND ORGANIZA16 TION.—The recordkeeping system shall— 

17 (A) include information on impacts and 

18 mitigation described in paragraph (1) that 

19 occur after December 31, 1969; and 

20 (B) be organized by watershed, project, 

21 permit application, and zip code. 

22 (3) AVAILABILITY OF INFORMATION.—The Sec23 retary shall make information contained in the rec24 ordkeeping system available to the public on the 

25 Internet. 
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1 SEC. 7. PROJECT ADMINISTRATION. 

2 (a) CHIEF’S REPORTS.—The Chief of Engineers shall 

3 not submit a Chief’s report to Congress recommending 

4 construction of a water resources project until that Chief’s 

5 report has been reviewed and approved by the Secretary 

6 of the Army. 

7 (b) PROJECT TRACKING.—The Secretary shall assign 

8 a unique tracking number to each water resources project, 

9 to be used by each Federal agency throughout the life of 

10 the project. 

11 (c) REPORT REPOSITORY.—The Secretary shall 

12 maintain at the Library of Congress a copy of each final 

13 feasibility study, final environmental impact statement, 

14 final reevaluation report, record of decision, and report to 

15 Congress prepared by the Corps of Engineers. These docu16 ments shall be made available to the public for review, and 

17 electronic copies of those documents shall be permanently 

18 available, through the Internet website of the Corps of En19 gineers. 

Æ