II 

110TH CONGRESS 

1ST SESSION S. 564 

To modernize water resources planning, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 13, 2007 

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 2007’’. 

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 remstockstill on PROD1PC66 with BILLS

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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 revimstockstill on PROD1PC66 with BILLS

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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. INDEPENDENT PEER REVIEW. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CONSTRUCTION ACTIVITIES.—The term 

7 ‘‘construction activities’’ means development of de8 tailed engineering and design specifications during 

9 the preconstruction engineering and design phase 

10 and the engineering and design phase of a water re11 sources project carried out by the Corps of Engi12 neers, and other activities carried out on a water re13 sources project prior to completion of the construc14 tion and to turning the project over to the local cost15 share partner. 

16 (2) PROJECT STUDY.—The term ‘‘project 

17 study’’ means a feasibility report, reevaluation re18 port, or environmental impact statement prepared by 

19 the Corps of Engineers. 

20 (b) DIRECTOR OF INDEPENDENT PEER REVIEW.— 

21 The Secretary shall appoint in the Office of the Secretary 

22 a Director of Independent Review. The Director shall be 

23 selected from among individuals who are distinguished ex24 perts in engineering, hydrology, biology, economics, or an25 other discipline related to water resources management. 

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1 The Secretary shall ensure, to the maximum extent prac2 ticable, that the Director does not have a financial, profes3 sional, or other conflict of interest with projects subject 

4 to review. The Director of Independent Review shall carry 

5 out the duties set forth in this section and such other du6 ties as the Secretary deems appropriate. 

7 (c) SOUND PROJECT PLANNING.— 

8 (1) PROJECTS SUBJECT TO PLANNING RE9 VIEW.—The Secretary shall ensure that each project 

10 study for a water resources project shall be reviewed 

11 by an independent panel of experts established under 

12 this subsection if— 

13 (A) the project has an estimated total cost 

14 of more than $40,000,000, including mitigation 

15 costs; 

16 (B) the Governor of a State in which the 

17 water resources project is located in whole or in 

18 part, or the Governor of a State within the 

19 drainage basin in which a water resources 

20 project is located and that would be directly af21 fected economically or environmentally as a re22 sult of the project, requests in writing to the 

23 Secretary the establishment of an independent 

24 panel of experts for the project; 

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1 (C) the head of a Federal agency with au2 thority to review the project determines that the 

3 project is likely to have a significant adverse 

4 impact on public safety, or on environmental, 

5 fish and wildlife, historical, cultural, or other 

6 resources under the jurisdiction of the agency, 

7 and requests in writing to the Secretary the es8 tablishment of an independent panel of experts 

9 for the project; or 

10 (D) the Secretary determines on his or her 

11 own initiative, or shall determine within 30 

12 days of receipt of a written request for a con13 troversy determination by any party, that the 

14 project is controversial because— 

15 (i) there is a significant dispute re16 garding the size, nature, potential safety 

17 risks, or effects of the project; or 

18 (ii) there is a significant dispute re19 garding the economic, or environmental 

20 costs or benefits of the project. 

21 (2) PROJECT PLANNING REVIEW PANELS.— 

22 (A) PROJECT PLANNING REVIEW PANEL

23 MEMBERSHIP.—For each water resources 

24 project subject to review under this subsection, 

25 the Director of Independent Review shall estabmstockstill on PROD1PC66 with BILLS

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1 lish a panel of independent experts that shall be 

2 composed of not less than 5 nor more than 9 

3 independent experts (including at least 1 engi4 neer, 1 hydrologist, 1 biologist, and 1 econo5 mist) who represent a range of areas of exper6 tise. The Director of Independent Review shall 

7 apply the National Academy of Science’s policy 

8 for selecting committee members to ensure that 

9 members have no conflict with the project being 

10 reviewed, and shall consult with the National 

11 Academy of Sciences in developing lists of indi12 viduals to serve on panels of experts under this 

13 subsection. An individual serving on a panel 

14 under this subsection shall be compensated at a 

15 rate of pay to be determined by the Secretary, 

16 and shall be allowed travel expenses. 

17 (B) DUTIES OF PROJECT PLANNING RE18 VIEW PANELS.—An independent panel of ex19 perts established under this subsection shall re20 view the project study, receive from the public 

21 written and oral comments concerning the 

22 project study, and submit a written report to 

23 the Secretary that shall contain the panel’s con24 clusions and recommendations regarding project 

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1 study issues identified as significant by the 

2 panel, including issues such as— 

3 (i) economic and environmental as4 sumptions and projections; 

5 (ii) project evaluation data; 

6 (iii) economic or environmental anal7 yses; 

8 (iv) engineering analyses; 

9 (v) formulation of alternative plans; 

10 (vi) methods for integrating risk and 

11 uncertainty; 

12 (vii) models used in evaluation of eco13 nomic or environmental impacts of pro14 posed projects; and 

15 (viii) any related biological opinions. 

16 (C) PROJECT PLANNING REVIEW

17 RECORD.— 

18 (i) IN GENERAL.—After receiving a 

19 report from an independent panel of ex20 perts established under this subsection, the 

21 Secretary shall take into consideration any 

22 recommendations contained in the report 

23 and shall immediately make the report 

24 available to the public on the Internet. 

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1 (ii) RECOMMENDATIONS.—The Sec2 retary shall prepare a written explanation 

3 of any recommendations of the inde4 pendent panel of experts established under 

5 this subsection not adopted by the Sec6 retary. Recommendations and findings of 

7 the independent panel of experts rejected 

8 without good cause shown, as determined 

9 by judicial review, shall be given equal def10 erence as the recommendations and find11 ings of the Secretary during a judicial pro12 ceeding relating to the water resources 

13 project. 

14 (iii) SUBMISSION TO CONGRESS AND

15 PUBLIC AVAILABILITY.—The report of the 

16 independent panel of experts established 

17 under this subsection and the written ex18 planation of the Secretary required by 

19 clause (ii) shall be included with the report 

20 of the Chief of Engineers to Congress, 

21 shall be published in the Federal Register, 

22 and shall be made available to the public 

23 on the Internet. 

24 (D) DEADLINES FOR PROJECT PLANNING

25 REVIEWS.— 

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1 (i) IN GENERAL.—Independent review 

2 of a project study shall be completed prior 

3 to the completion of any Chief of Engi4 neers report for a specific water resources 

5 project. 

6 (ii) DEADLINE FOR PROJECT PLAN7 NING REVIEW PANEL STUDIES.—An inde8 pendent panel of experts established under 

9 this subsection shall complete its review of 

10 the project study and submit to the Sec11 retary a report not later than 180 days 

12 after the date of establishment of the 

13 panel, or not later than 90 days after the 

14 close of the public comment period on a 

15 draft project study that includes a pre16 ferred alternative, whichever is later. The 

17 Secretary may extend these deadlines for 

18 good cause. 

19 (iii) FAILURE TO COMPLETE REVIEW

20 AND REPORT.—If an independent panel of 

21 experts established under this subsection 

22 does not submit to the Secretary a report 

23 by the deadline established by clause (ii), 

24 the Chief of Engineers may continue 

25 project planning without delay. 

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1 (iv) DURATION OF PANELS.—An inde2 pendent panel of experts established under 

3 this subsection shall terminate on the date 

4 of submission of the report by the panel. 

5 Panels may be established as early in the 

6 planning process as deemed appropriate by 

7 the Director of Independent Review, but 

8 shall be appointed no later than 90 days 

9 before the release for public comment of a 

10 draft study subject to review under sub11 section (c)(1)(A), and not later than 30 

12 days after a determination that review is 

13 necessary under subsection (c)(1)(B), 

14 (c)(1)(C), or (c)(1)(D). 

15 (E) EFFECT ON EXISTING GUIDANCE.— 

16 The project planning review required by this 

17 subsection shall be deemed to satisfy any exter18 nal review required by Engineering Circular 

19 1105–2–408 (31 May 2005) on Peer Review of 

20 Decision Documents. 

21 (d) SAFETY ASSURANCE.— 

22 (1) PROJECTS SUBJECT TO SAFETY ASSURANCE

23 REVIEW.—The Secretary shall ensure that the con24 struction activities for any flood damage reduction 

25 project shall be reviewed by an independent panel of 

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1 experts established under this subsection if the Di2 rector of Independent Review makes a determination 

3 that an independent review is necessary to ensure 

4 public health, safety, and welfare on any project— 

5 (A) for which the reliability of performance 

6 under emergency conditions is critical; 

7 (B) that uses innovative materials or tech8 niques; 

9 (C) for which the project design is lacking 

10 in redundancy, or that has a unique construc11 tion sequencing or a short or overlapping design 

12 construction schedule; or 

13 (D) other than a project described in sub14 paragraphs (A) through (C), as the Director of 

15 Independent Review determines to be appro16 priate. 

17 (2) SAFETY ASSURANCE REVIEW PANELS.—At 

18 the appropriate point in the development of detailed 

19 engineering and design specifications for each water 

20 resources project subject to review under this sub21 section, the Director of Independent Review shall es22 tablish an independent panel of experts to review 

23 and report to the Secretary on the adequacy of con24 struction activities for the project. An independent 

25 panel of experts under this subsection shall be commstockstill on PROD1PC66 with BILLS

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1 posed of not less than 5 nor more than 9 inde2 pendent experts selected from among individuals 

3 who are distinguished experts in engineering, hydrol4 ogy, or other pertinent disciplines. The Director of 

5 Independent Review shall apply the National Acad6 emy of Science’s policy for selecting committee mem7 bers to ensure that panel members have no conflict 

8 with the project being reviewed. An individual serv9 ing on a panel of experts under this subsection shall 

10 be compensated at a rate of pay to be determined 

11 by the Secretary, and shall be allowed travel ex12 penses. 

13 (3) DEADLINES FOR SAFETY ASSURANCE RE14 VIEWS.—An independent panel of experts established 

15 under this subsection shall submit a written report 

16 to the Secretary on the adequacy of the construction 

17 activities prior to the initiation of physical construc18 tion and periodically thereafter until construction ac19 tivities are completed on a publicly available sched20 ule determined by the Director of Independent Re21 view for the purposes of assuring the public safety. 

22 The Director of Independent Review shall ensure 

23 that these reviews be carried out in a way to protect 

24 the public health, safety, and welfare, while not 

25 causing unnecessary delays in construction activities. 

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1 (4) SAFETY ASSURANCE REVIEW RECORD.— 

2 After receiving a written report from an independent 

3 panel of experts established under this subsection, 

4 the Secretary shall— 

5 (A) take into consideration recommenda6 tions contained in the report, provide a written 

7 explanation of recommendations not adopted, 

8 and immediately make the report and expla9 nation available to the public on the Internet; 

10 and 

11 (B) submit the report to the Committee on 

12 Environment and Public Works of the Senate 

13 and the Committee on Transportation and In14 frastructure of the House of Representatives. 

15 (e) EXPENSES.— 

16 (1) IN GENERAL.—The costs of an independent 

17 panel of experts established under subsection (c) or 

18 (d) shall be a Federal expense and shall not ex19 ceed— 

20 (A) $250,000, if the total cost of the 

21 project in current year dollars is less than 

22 $50,000,000; and 

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

24 project in current year dollars, if the total cost 

25 is $50,000,000 or more. 

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1 (2) WAIVER.—The Secretary, at the written re2 quest of the Director of Independent Review, may 

3 waive the cost limitations under paragraph (1) if the 

4 Secretary determines appropriate. 

5 (f) REPORT.—Not later than 5 years after the date 

6 of enactment of this Act, the Secretary shall submit to 

7 Congress a report describing the implementation of this 

8 section. 

9 (g) SAVINGS CLAUSE.—Nothing in this section shall 

10 be construed to affect any authority of the Secretary to 

11 cause or conduct a peer review of the engineering, sci12 entific, or technical basis of any water resources project 

13 in existence on the date of enactment of this Act. 

14 SEC. 6. MITIGATION. 

15 (a) MITIGATION.—Section 906(d) of the Water Re16 sources Development Act of 1986 (33 U.S.C. 2283(d)) is 

17 amended— 

18 (1) in paragraph (1), by striking ‘‘to the Con19 gress’’ and inserting ‘‘to Congress, and shall not 

20 choose a project alternative in any final record of de21 cision, environmental impact statement, or environ22 mental assessment,’’, and by inserting in the second 

23 sentence ‘‘and other habitat types’’ after ‘‘bottom24 land hardwood forests’’; and 

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

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1 ‘‘(3) MITIGATION REQUIREMENTS.— 

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

3 flood damage reduction capabilities and fish 

4 and wildlife resulting from a water resources 

5 project, the Secretary shall ensure that mitiga6 tion for each water resources project complies 

7 fully with the mitigation standards and policies 

8 established by each State in which the project 

9 is located. Under no circumstances shall the 

10 mitigation required for a water resources 

11 project be less than would be required of a pri12 vate party or other entity under section 404 of 

13 the Federal Water Pollution Control Act (33 

14 U.S.C. 1344). 

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

16 mitigation plan for a water resources project re17 quired under paragraph (1) shall include, at a 

18 minimum— 

19 ‘‘(i) a detailed plan to monitor mitiga20 tion implementation and ecological success, 

21 including the designation of the entities 

22 that will be responsible for monitoring; 

23 ‘‘(ii) specific ecological success criteria 

24 by which the mitigation will be evaluated 

25 and determined to be successful, prepared 

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1 in consultation with the Director of the 

2 United States Fish and Wildlife Service or 

3 the Director of the National Marine Fish4 eries Service, as appropriate, and each 

5 State in which the project is located; 

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

7 and interests in land to be acquired for 

8 mitigation, and the basis for a determina9 tion that land and interests are available 

10 for acquisition; 

11 ‘‘(iv) sufficient detail regarding the 

12 chosen mitigation sites, and types and 

13 amount of restoration activities to be con14 ducted, to permit a thorough evaluation of 

15 the likelihood of the ecological success and 

16 aquatic and terrestrial resource functions 

17 and habitat values that will result from the 

18 plan; and 

19 ‘‘(v) a contingency plan for taking 

20 corrective actions if monitoring dem21 onstrates that mitigation efforts are not 

22 achieving ecological success as described in 

23 the ecological success criteria. 

24 ‘‘(4) DETERMINATION OF MITIGATION SUC25 CESS.— 

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

2 subsection shall be considered to be successful 

3 at the time at which monitoring demonstrates 

4 that the mitigation has met the ecological suc5 cess criteria established in the mitigation plan. 

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

7 Secretary shall consult annually with the Direc8 tor of the United States Fish and Wildlife Serv9 ice and the Director of the National Marine 

10 Fisheries Service, as appropriate, and each 

11 State in which the project is located, on each 

12 water resources project requiring mitigation to 

13 determine whether mitigation monitoring for 

14 that project demonstrates that the project is 

15 achieving, or has achieved, ecological success. 

16 Not later than 60 days after the date of com17 pletion of the annual consultation, the Director 

18 of the United States Fish and Wildlife Service 

19 or the Director of the National Marine Fish20 eries Service, as appropriate, shall, and each 

21 State in which the project is located may, sub22 mit to the Secretary a report that describes— 

23 ‘‘(i) the ecological success of the miti24 gation as of the date of the report; 

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1 ‘‘(ii) the likelihood that the mitigation 

2 will achieve ecological success, as defined 

3 in the mitigation plan; 

4 ‘‘(iii) the projected timeline for achiev5 ing that success; and 

6 ‘‘(iv) any recommendations for im7 proving the likelihood of success. 

8 The Secretary shall respond in writing to the 

9 substance and recommendations contained in 

10 such reports not later than 30 days after the 

11 date of receipt. Mitigation monitoring shall con12 tinue until it has been demonstrated that the 

13 mitigation has met the ecological success cri14 teria.’’. 

15 (b) MITIGATION TRACKING SYSTEM.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall establish a recordkeeping system to 

19 track, for each water resources project constructed, 

20 operated, or maintained by the Secretary and for 

21 each permit issued under section 404 of the Federal 

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

23 (A) the quantity and type of wetland and 

24 other habitat types affected by the project, 

25 project operation, or permitted activity; 

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1 (B) the quantity and type of mitigation re2 quired for the project, project operation, or per3 mitted activity; 

4 (C) the quantity and type of mitigation 

5 that has been completed for the project, project 

6 operation, or permitted activity; and 

7 (D) the status of monitoring for the miti8 gation carried out for the project, project oper9 ation, or permitted activity. 

10 (2) REQUIRED INFORMATION AND ORGANIZA11 TION.—The recordkeeping system shall— 

12 (A) include information on impacts and 

13 mitigation described in paragraph (1) that 

14 occur after December 31, 1969; and 

15 (B) be organized by watershed, project, 

16 permit application, and zip code. 

17 (3) AVAILABILITY OF INFORMATION.—The Sec18 retary shall make information contained in the rec19 ordkeeping system available to the public on the 

20 Internet. 

21 SEC. 7. PROJECT ADMINISTRATION. 

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

23 not submit a Chief’s report to Congress recommending 

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

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1 report has been reviewed and approved by the Secretary 

2 of the Army. 

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

4 a unique tracking number to each water resources project, 

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

6 the project. 

7 (c) REPORT REPOSITORY.—The Secretary shall 

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

9 feasibility study, final environmental impact statement, 

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

11 Congress prepared by the Corps of Engineers. These docu12 ments shall be made available to the public for review, and 

13 electronic copies of those documents shall be permanently 

14 available, through the Internet website of the Corps of En15 gineers. 

Æ 

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