100 
(B) there is a significant public dispute as 
to the economic or environmental costs or bene-
fits of the project. 
(6) PROJECT STUDIES EXCLUDED FROM PEER 
REVIEW.—Project studies that may be excluded from 
peer review under paragraph (1) are— 
(A) a study for a project the Chief of Engi-
neers determines— 
(i) is not controversial; 
(ii) has no more than negligible ad-
verse impacts on scarce or unique cultural, 
historic, or tribal resources; 
(iii) has no substantial adverse im-
pacts on fish and wildlife species and their 
habitat prior to the implementation of miti-
gation measures; and 
(iv) has, before implementation of 
mitigation measures, no more than a neg-
ligible adverse impact on a species listed as 
endangered or threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 
1539 et seq.) or the critical habitat of such 
species designated under such Act; and 
(B) a study for a project pursued under sec-
tion 205 of the Flood Control Act of 1948 (33 
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101 
U.S.C. 701s), section 2 of the Flood Control Act 
of August 28, 1937 (33 U.S.C. 701g), section 14 
of the Flood Control Act of 1946 (33 U.S.C. 
701r), section 107(a) of the River and Harbor 
Act of 1960 (33 U.S.C. 577(a)), section 3 of the 
Act entitled ‘‘An Act authorizing Federal par-
ticipation in the cost of protecting the shores of 
publicly owned property’’, approved August 13, 
1946 (33 U.S.C. 426g), section 111 of the River 
and Harbor Act of 1968 (33 U.S.C. 426i), sec-
tion 3 of the Act entitled ‘‘An Act authorizing 
the construction, repair, and preservation of cer-
tain public works on rivers and harbors, and for 
other purposes’’, approved March 2, 1945 (33 
U.S.C. 603a), section 1135 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 
2309a), section 206 of the Water Resources De-
velopment Act of 1996 (33 U.S.C. 2330), or sec-
tion 204 of the Water Resources Development Act 
of 1992 (33 U.S.C. 2326). 
(7) APPEAL.—The decision of the Chief of Engi-
neers whether to peer review a project study shall be 
published in the Federal Register and shall be subject 
to appeal by a person referred to in paragraph 
(3)(B)(i) or (3)(B)(ii) to the Secretary of the Army 
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102 
if such appeal is made within the 30-day period fol-
lowing the date of such publication. 
(8) DETERMINATION
OF
PROJECT
COST.—For 
purposes of determining the estimated total cost of a 
project under paragraph (3)(A), the project cost shall 
be based upon the reasonable estimates of the Chief of 
Engineers at the completion of the reconnaissance 
study for the project. If the reasonable estimate of 
project costs is subsequently determined to be in excess 
of the amount in paragraph (3)(A), the Chief of Engi-
neers shall make a determination whether a project 
study should be reviewed under this section. 
(b) TIMING OF PEER REVIEW.—The Chief of Engineers 
shall determine the timing of a peer review of a project 
study under subsection (a). In all cases, the peer review 
shall occur during the period beginning on the date of the 
completion of the reconnaissance study for the project and 
ending on the date the draft report of the Chief of Engineers 
for the project is made available for public comment. Where 
the Chief of Engineers has not initiated a peer review of 
a project study, the Chief of Engineers shall consider, at 
a minimum, whether to initiate a peer review at the time 
that— 
(1) the without-project conditions are identified; 
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(2) the array of alternatives to be considered are 
identified; and 
(3) the preferred alternative is identified. 
Nothing in this subsection shall be construed to require the 
Chief of Engineers to conduct multiple peer reviews for a 
project study. 
(c) ESTABLISHMENT OF PANELS.— 
(1) IN GENERAL.—For each project study subject 
to peer review under subsection (a), as soon as prac-
ticable after the Chief of Engineers determines that a 
project study will be subject to peer review, the Chief 
of Engineers shall contract with the National Acad-
emy of Sciences (or a similar independent scientific 
and technical advisory organization), or an eligible 
organization, to establish a panel of experts to peer 
review the project study for technical and scientific 
sufficiency. 
(2) MEMBERSHIP.—A panel of experts estab-
lished for a project study under this section shall be 
composed of independent experts who represent a bal-
ance of areas of expertise suitable for the review being 
conducted. 
(3) LIMITATION
ON
APPOINTMENTS.—An indi-
vidual may not be selected to serve on a panel of ex-
perts established for a project study under this section 
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104 
if the individual has a financial or close professional 
association with any organization or group with a 
strong financial or organizational interest in the 
project. 
(4) CONGRESSIONAL NOTIFICATION.—Upon iden-
tification of a project study for peer review under this 
section, but prior to initiation of any review, the 
Chief of Engineers shall notify the Committee on En-
vironment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of 
the House of Representatives of such review. 
(d) DUTIES OF PANELS.—A panel of experts estab-
lished for a peer review for a project study under this sec-
tion shall, consistent with the scope of the referral for re-
view— 
(1) conduct a peer review for the project study 
submitted to the panel for review; 
(2) assess the adequacy and acceptability of the 
economic and environmental methods, models, and 
analyses used by the Chief of Engineers; 
(3) provide timely written and oral comments to 
the Chief of Engineers throughout the development of 
the project study, as requested; and 
(4) submit to the Chief of Engineers a final re-
port containing the panel’s economic, engineering, 
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105 
and environmental analysis of the project study, in-
cluding the panel’s assessment of the adequacy and 
acceptability of the economic and environmental 
methods, models, and analyses used by the Chief of 
Engineers, to accompany the publication of the 
project study. 
(e) DURATION OF PROJECT STUDY PEER REVIEWS.— 
(1) DEADLINE.—A panel of experts shall— 
(A) complete its peer review under this sec-
tion for a project study and submit a report to 
the Chief of Engineers under subsection (d)(4) 
within 180 days after the date of establishment 
of the panel, or, if the Chief of Engineers deter-
mines that a longer period of time is necessary, 
such period of time established by the Chief of 
Engineers, but in no event later than 90 days 
after the date a draft project study is made 
available for public review; and 
(B) terminate on the date of submission of 
the report. 
(2) FAILURE TO MEET DEADLINE.—If a panel 
does not complete its peer review of a project study 
under this section and submit a report to the Chief 
of Engineers under subsection (d)(4) on or before the 
deadline established by paragraph (1) for the project 
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106 
study, the Chief of Engineers shall continue the 
project study for the project that is subject to peer re-
view by the panel without delay. 
(f) RECOMMENDATIONS OF PANEL.— 
(1) CONSIDERATION
BY
THE
CHIEF
OF
ENGI-
NEERS.—After receiving a report on a project study 
from a panel of experts under this section and before 
entering a final record of decision for the project, the 
Chief of Engineers shall consider any recommenda-
tions contained in the report and prepare a written 
response for any recommendations adopted or not 
adopted. 
(2) PUBLIC AVAILABILITY AND TRANSMITTAL TO 
CONGRESS.—After receiving a report on a project 
study from a panel of experts under this section, the 
Chief of Engineers shall— 
(A) make a copy of the report and any 
written response of the Chief of Engineers on rec-
ommendations contained in the report available 
to the public; and 
(B) transmit to Congress a copy of the re-
port, together with any such written response, on 
the date of a final report of the Chief of Engi-
neers or other final decision document for a 
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