and harbors, and for other purposes’’, approved 
March 2, 1945 (33 U.S.C. 603a), section 1135 
of the Water Resources Development Act of 
1986 (33 U.S.C. 2309a), section 206 of the 
Water Resources Development Act of 1996 (33 
U.S.C. 2330), or section 204 of the Water Re-
sources Development Act of 1992 (33 U.S.C. 
2326). 
(7) APPEAL.—The decision of the Chief of En-
gineers 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 para-
graph (3)(B)(i) or (3)(B)(ii) to the Secretary of the 
Army if such appeal is made within the 30-day pe-
riod following 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 recon-
naissance study for the project. If the reasonable es-
timate of project costs is subsequently determined to 
be in excess of the amount in paragraph (3)(A), the 
Chief of Engineers shall make a determination
whether a project study should be reviewed under 
this section. 
(b) TIMING OF PEER REVIEW.—The Chief of Engi-
neers 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 En-
gineers shall consider, at a minimum, whether to initiate 
a peer review at the time that— 
(1) the without-project conditions are identified; 
(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 sub-
ject to peer review under subsection (a), as soon as 
practicable after the Chief of Engineers determines 
that a project study will be subject to peer review,
the Chief of Engineers shall contract with the Na-
tional Academy 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 
balance 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 sec-
tion if the individual has a financial or close profes-
sional association with any organization or group 
with a strong financial or organizational interest in 
the project. 
(4) 
CONGRESSIONAL
NOTIFICATION.—Upon 
identification of a project study for peer review 
under this section, but prior to initiation of any re-
view, the Chief of Engineers shall notify the Com-
mittee on Environment 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, 
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
RE-
VIEWS.— 
(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 study, the Chief of Engineers shall continue 
the project study for the project that is subject to 
peer review 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 be-
fore entering a final record of decision for the
project, the Chief of Engineers shall consider any 
recommendations contained in the report and pre-
pare 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 
recommendations contained in the report avail-
able 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 En-
gineers or other final decision document for a 
project study that is subject to peer review by 
the panel. 
(g) COSTS.— 
(1) IN GENERAL.—The costs of a panel of ex-
perts established for a peer review under this sec-
tion— 
(A) shall be a Federal expense; and 
(B) shall not exceed $500,000.
(2) WAIVER.—The Chief of Engineers may 
waive the $500,000 limitation contained in para-
graph (1)(B) in cases that the Chief of Engineers 
determines appropriate. 
(h) APPLICABILITY.—This section shall apply to— 
(1) project studies initiated during the 2-year 
period preceding the date of enactment of this Act 
and for which the array of alternatives to be consid-
ered has not been identified; and 
(2) project studies initiated during the period 
beginning on such date of enactment and ending 4 
years after such date of enactment. 
(i) REPORT.—Within 4 1/2 years of the date of enact-
ment of this section, the Chief of Engineers shall submit 
a report to Congress on the implementation of this section. 
(j) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to 
any peer review panel established under this section. 
(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to affect any authority of the Chief of Engi-
neers to cause or conduct a peer review of a water re-
sources project existing on the date of enactment of this 
section. 
(l) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) PROJECT
STUDY.—The term ‘‘project 
study’’ means a feasibility study or reevaluation 
study for a project. The term also includes any other 
study associated with a modification or update of a 
project that includes an environmental impact state-
ment, including the environmental impact statement. 
(2) AFFECTED
STATE.—The term ‘‘affected 
State’’, as used with respect to a project, means a 
State all or a portion of which is within the drainage 
basin in which the project is or would be located and 
would be economically or environmentally affected as 
a consequence of the project. 
(3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
ble organization’’ means an organization that— 
(A) is described in section 501(c)(3), and 
exempt from Federal tax under section 501(a), 
of the Internal Revenue Code of 1986; 
(B) is independent; 
(C) is free from conflicts of interest; 
(D) does not carry out or advocate for or 
against Federal water resources projects; and 
(E) has experience in establishing and ad-
ministering peer review panels.
100 
SEC. 2031. TRAINING FUNDS. 
(a) IN GENERAL.—The Secretary may include indi-
viduals not employed by the Department of the Army in 
training classes and courses offered by the Corps of Engi-
neers in any case in which the Secretary determines that 
it is in the best interest of the Federal Government to 
include those individuals as participants. 
(b) EXPENSES.— 
(1) IN GENERAL.—An individual not employed 
by the Department of the Army attending a training 
class or course described in subsection (a) shall pay 
the full cost of the training provided to the indi-
vidual. 
(2) PAYMENTS.—Payments made by an indi-
vidual for training received under paragraph (1), up 
to the actual cost of the training— 
(A) may be retained by the Secretary; 
(B) shall be credited to an appropriation 
or account used for paying training costs; and 
(C) shall be available for use by the Sec-
retary, without further appropriation, for train-
ing purposes. 
(3) EXCESS AMOUNTS.—Any payments received 
under paragraph (2) that are in excess of the actual 
cost of training provided shall be credited as mis-