operation with the agencies identified under sub-
section (e) with respect to the project. 
(2) AGENCY
PARTICIPATION.—Each Federal 
agency identified under subsection (e) with respect 
to the development of a water resources project shall 
formulate and implement administrative policy and 
procedural mechanisms to enable the agency to en-
sure completion of reviews, analyses, opinions, per-
mits, licenses, and approvals described in paragraph 
(1) for the project in a timely and environmentally 
responsible manner. 
(e) IDENTIFICATION
OF
JURISDICTIONAL
AGEN-
CIES.—With respect to the development of each water re-
sources project, the Secretary shall identify, as soon as 
practicable all Federal, State, and local government agen-
cies and Indian tribes that may— 
(1) have jurisdiction over the project; 
(2) be required by law to conduct or issue a re-
view, analysis, or opinion for the project; or 
(3) be required to make a determination on 
issuing a permit, license, or approval for the project. 
(f) STATE AUTHORITY.—If the coordinated review 
process is being implemented under this section by the 
Secretary with respect to the development of a water re-
sources project described in subsection (b) within the 
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boundaries of a State, the State, consistent with State law, 
may choose to participate in the process and to make sub-
ject to the process all State agencies that— 
(1) have jurisdiction over the project; 
(2) are required to conduct or issue a review, 
analysis, or opinion for the project; or 
(3) are required to make a determination on 
issuing a permit, license, or approval for the project. 
(g) MEMORANDUM OF UNDERSTANDING.—The co-
ordinated review process developed under this section may 
be incorporated into a memorandum of understanding for 
a water resources project between the Secretary, the heads 
of Federal, State, and local government agencies, Indian 
tribes identified under subsection (e), and the non-Federal 
interest for the project. 
(h) EFFECT OF FAILURE TO MEET DEADLINE.— 
(1) NOTIFICATION OF CONGRESS AND CEQ.—If 
the Secretary determines that a Federal, State, or 
local government agency, Indian tribe, or non-Fed-
eral interest that is participating in the coordinated 
review process under this section with respect to the 
development of a water resources project has not 
met a deadline established under subsection (d) for 
the project, the Secretary shall notify, within 30 
days of the date of such determination, the Com-
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mittee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Envi-
ronment and Public Works of the Senate, the Coun-
cil on Environmental Quality, and the agency, In-
dian tribe, or non-Federal interest involved about 
the failure to meet the deadline. 
(2) AGENCY REPORT.—Not later than 30 days 
after the date of receipt of a notice under paragraph 
(1), the Federal, State, or local government agency, 
Indian tribe, or non-Federal interest involved may 
submit a report to the Secretary, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Environment and 
Public Works of the Senate, and the Council on En-
vironmental Quality explaining why the agency, In-
dian tribe, or non-Federal interest did not meet the 
deadline and what actions it intends to take to com-
plete or issue the required review, analysis, or opin-
ion or determination on issuing a permit, license, or 
approval. 
(i) PURPOSE AND NEED AND DETERMINATION OF 
REASONABLE ALTERNATIVES.— 
(1) IN GENERAL.—The Secretary, as the Fed-
eral lead agency responsible for carrying out a study 
for a water resources project and the associated 
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process for meeting the requirements of the National 
Environmental Policy Act of 1969, shall— 
(A) define the project’s purpose and need 
for purposes of any document which the Sec-
retary is responsible for preparing for the 
project and shall determine the range of alter-
natives for consideration in any document which 
the Secretary is responsible for preparing for 
the project; and 
(B) determine, in collaboration with par-
ticipating agencies at appropriate times during 
the study process, the methodologies to be used 
and the level of detail required in the analysis 
of each alternative for the project. 
(2) PREFERRED ALTERNATIVE.—At the discre-
tion of the Secretary, the preferred alternative for a 
project, after being identified, may be developed to 
a higher level of detail than other alternatives. 
(j) LIMITATIONS.—Nothing in this section shall pre-
empt or interfere with— 
(1) any statutory requirement for seeking pub-
lic comment; 
(2) any power, jurisdiction, or authority that a 
Federal, State, or local government agency, Indian 
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tribe, or non-Federal interest has with respect to 
carrying out a water resources project; or 
(3) any obligation to comply with the provisions 
of the National Environmental Policy Act of 1969 
and the regulations issued by the Council on Envi-
ronmental Quality to carry out such Act. 
SEC. 2029. COOPERATIVE AGREEMENTS. 
(a) IN GENERAL.—For the purpose of expediting the 
cost-effective design and construction of wetlands restora-
tion that is part of an authorized water resources project, 
the Secretary may enter into cooperative agreements 
under section 6305 of title 31, United States Code, with 
nonprofit organizations with expertise in wetlands restora-
tion to carry out such design and construction on behalf 
of the Secretary. 
(b) LIMITATIONS.— 
(1) PER PROJECT LIMIT.—A cooperative agree-
ment under this section shall not obligate the Sec-
retary to pay the nonprofit organization more than 
$1,000,000 for any single wetlands restoration 
project. 
(2) ANNUAL LIMIT.—The total value of work 
carried out under cooperative agreements under this 
section may not exceed $5,000,000 in any fiscal 
year. 
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SEC. 2030. 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 appropriations 
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-
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cellaneous receipts to the Treasury of the United 
States. 
SEC. 2031. ACCESS TO WATER RESOURCE DATA. 
(a) IN GENERAL.—The Secretary shall carry out a 
program to provide public access to water resources and 
related water quality data in the custody of the Corps of 
Engineers. 
(b) DATA.—Public access under subsection (a) 
shall— 
(1) include, at a minimum, access to data gen-
erated in water resources project development and 
regulation under section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344); and 
(2) appropriately employ geographic informa-
tion system technology and linkages to water re-
source models and analytical techniques. 
(c) PARTNERSHIPS.—To the maximum extent prac-
ticable, in carrying out activities under this section, the 
Secretary shall develop partnerships, including cooperative 
agreements with State, tribal, and local governments and 
other Federal agencies. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each fiscal year. 
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SEC. 2032. SHORE PROTECTION PROJECTS. 
(a) IN GENERAL.—In accordance with the Act of 
July 3, 1930 (33 U.S.C. 426), and notwithstanding ad-
ministrative actions, it is the policy of the United States 
to promote beach nourishment for the purposes of flood 
damage reduction and hurricane and storm damage reduc-
tion and related research that encourage the protection, 
restoration, and enhancement of sandy beaches, including 
beach restoration and periodic beach renourishment for a 
period of 50 years, on a comprehensive and coordinated 
basis by the Federal Government, States, localities, and 
private enterprises. 
(b) PREFERENCE.—In carrying out the policy under 
subsection (a), preference shall be given to— 
(1) areas in which there has been a Federal in-
vestment of funds for the purposes described in sub-
section (a); and 
(2) areas with respect to which the need for 
prevention or mitigation of damage to shores and 
beaches is attributable to Federal navigation 
projects or other Federal activities. 
(c) APPLICABILITY.—The Secretary shall apply the 
policy under subsection (a) to each shore protection and 
beach renourishment project (including shore protection 
and beach renourishment projects constructed before the 
date of enactment of this Act). 
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SEC. 2033. ABILITY TO PAY. 
(a) 
CRITERIA
AND
PROCEDURES.—Section 
103(m)(2) of the Water Resources Development Act of 
1986 (33 U.S.C. 2213(m)(2)) is amended by striking 
‘‘180 days after such date of enactment’’ and inserting 
‘‘September 30, 2007’’. 
(b) PROJECTS.—The Secretary shall apply the cri-
teria and procedures referred to in section 103(m) of the 
Water Resources Development Act of 1986 (33 U.S.C. 
2213(m)) to the following projects: 
(1) ST. JOHNS
BAYOU
AND
NEW
MADRID 
FLOODWAY, MISSOURI.—The project for flood con-
trol, St. Johns Bayou and New Madrid Floodway, 
Missouri, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 
4118). 
(2) LOWER RIO GRANDE BASIN, TEXAS.—The 
project for flood control, Lower Rio Grande Basin, 
Texas, authorized by section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 
4125). 
(3) 
WEST
VIRGINIA
AND
PENNSYLVANIA 
PROJECTS.—The projects for flood control author-
ized by section 581 of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3790–3791). 
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SEC. 2034. LEASING AUTHORITY. 
Section 4 of the Act entitled ‘‘An Act authorizing the 
construction of certain public works on rivers and harbors 
for flood control, and other purposes’’, approved December 
22, 1944 (16 U.S.C. 460d), is amended— 
(1) by inserting ‘‘federally recognized Indian 
tribes and’’ before ‘‘Federal’’ the first place it ap-
pears; 
(2) by inserting ‘‘Indian tribes or’’ after ‘‘con-
siderations, to such’’; and 
(3) by inserting ‘‘federally recognized Indian 
tribe’’ after ‘‘That in any such lease or license to a’’. 
SEC. 2035. COST ESTIMATES. 
The estimated Federal and non-Federal costs of 
projects authorized to be carried out by the Secretary be-
fore, on, or after the date of enactment of this Act are 
for informational purposes only and shall not be inter-
preted as affecting the cost sharing responsibilities estab-
lished by law. 
SEC. 2036. PROJECT PLANNING. 
(a) DETERMINATION OF CERTAIN NATIONAL BENE-
FITS.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that, consistent with the Economic and 
Environmental Principles and Guidelines for Water 
and Related Land Resources Implementation Stud-
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ies (1983), the Secretary may select a water re-
sources project alternative that does not maximize 
net national economic development benefits or net 
national ecosystem restoration benefits if there is an 
overriding reason based on other Federal, State, 
local, or international concerns. 
(2) FLOOD DAMAGE REDUCTION, NAVIGATION, 
AND
HURRICANE
STORM
DAMAGE
REDUCTION 
PROJECTS.—With respect to a water resources 
project the primary purpose of which is flood dam-
age reduction, navigation, or hurricane and storm 
damage reduction, an overriding reason for selecting 
a plan other than the plan that maximizes net na-
tional economic development benefits may be if the 
Secretary determines, and the non-Federal interest 
concurs, that an alternative plan is feasible and 
achieves the project purposes while providing greater 
ecosystem restoration benefits. 
(3) ECOSYSTEM
RESTORATION
PROJECTS.— 
With respect to a water resources project the pri-
mary purpose of which is ecosystem restoration, an 
overriding reason for selecting a plan other than the 
plan that maximizes net national ecosystem restora-
tion benefits may be if the Secretary determines, 
and the non-Federal interest concurs, that an alter-
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native plan is feasible and achieves the project pur-
poses while providing greater economic development 
benefits. 
(b) IDENTIFYING
ADDITIONAL
BENEFITS
AND 
PROJECTS.— 
(1) PRIMARILY ECONOMIC BENEFITS.—In con-
ducting a study of the feasibility of a project where 
the primary benefits are expected to be economic, 
the Secretary may identify ecosystem restoration 
benefits that may be achieved in the study area and, 
after obtaining the participation of a non-Federal in-
terest, may study and recommend construction of 
additional measures, a separate project, or separable 
project element to achieve those benefits. 
(2) PRIMARILY ECOSYSTEM RESTORATION BEN-
EFITS.—In conducting a study of the feasibility of a 
project where the primary benefits are expected to 
be associated with ecosystem restoration, the Sec-
retary may identify economic benefits that may be 
achieved in the study area and, after obtaining the 
participation of a non-Federal interest, may study 
and recommend construction of additional measures, 
a separate project, or separable project element to 
achieve those benefits. 
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(3) RULES
APPLICABLE
TO
CERTAIN
MEAS-
URES, PROJECTS, AND ELEMENTS.—Any additional 
measures, separate project, or separable element 
identified under paragraph (1) or (2) and rec-
ommended for construction shall not be considered 
integral to the underlying project and, if authorized, 
shall be subject to a separate partnership agreement, 
unless a non-Federal interest agrees to share in the 
cost of the additional measures, project, or separable 
element. 
(c) CALCULATION OF BENEFITS AND COSTS FOR 
FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 
study for a project for flood damage reduction shall in-
clude, as part of the calculation of benefits and costs— 
(1) a calculation of the residual risk of flooding 
following completion of the proposed project; 
(2) a calculation of any upstream or down-
stream impacts of the proposed project; and 
(3) calculations to ensure that the benefits and 
costs associated with structural and nonstructural 
alternatives are evaluated in an equitable manner. 
SEC. 2037. INDEPENDENT PEER REVIEW. 
(a) PROJECT STUDIES SUBJECT TO INDEPENDENT 
PEER REVIEW.— 
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(1) IN GENERAL.—Project studies shall be sub-
ject to a peer review by an independent panel of ex-
perts as determined under this section. 
(2) SCOPE.—The peer review may include a re-
view of the economic and environmental assumptions 
and projections, project evaluation data, economic 
analyses, environmental analyses, engineering anal-
yses, formulation of alternative plans, methods for 
integrating risk and uncertainty, models used in 
evaluation of economic or environmental impacts of 
proposed projects, and any biological opinions of the 
project study. 
(3) PROJECT STUDIES SUBJECT TO PEER RE-
VIEW.— 
(A) MANDATORY.—A project study shall 
be subject to peer review under paragraph 
(1)— 
(i) if the project has an estimated 
total cost of more than $50,000,000, in-
cluding mitigation costs, and is not deter-
mined by the Chief of Engineers to be ex-
empt from peer review under paragraph 
(6); or 
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(ii) the Governor of an affected State 
requests a peer review by an independent 
panel of experts. 
(B) DISCRETIONARY.—A project study 
may be subject to peer review if— 
(i) the head of a Federal or State 
agency charged with reviewing the project 
study determines that the project is likely 
to have a significant adverse impact on en-
vironmental, cultural, or other resources 
under the jurisdiction of the agency after 
implementation of proposed mitigation 
plans and requests a peer review by an 
independent panel of experts; or 
(ii) the Chief of Engineers determines 
that the project study is controversial. 
(4) CONTROVERSIAL PROJECTS.—Upon receipt 
of a written request under paragraph (3)(B) or on 
the initiative of the Chief of Engineers, the Chief of 
Engineers shall determine whether a project study is 
controversial. 
(5) FACTORS
TO
CONSIDER.—In determining 
whether a project study is controversial, the Chief of 
Engineers shall consider if— 
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100 
(A) there is a significant public dispute as 
to the size, nature, or effects of the project; or 
(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 En-
gineers 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 
mitigation 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 
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101 
of such species designated under such Act; 
and 
(B) a study for a project pursued under 
section 205 of the Flood Control Act of 1948 
(33 U.S.C. 701s), section 2 of the Flood Con-
trol 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 Fed-
eral participation 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), section 3 of the Act entitled ‘‘An 
Act authorizing the construction, repair, and 
preservation of certain public works on rivers 
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). 
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102 
(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 
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103 
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 
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104 
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; 
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105 
(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 
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106 
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— 
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(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 
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(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 41⁄2 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 
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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. 
SEC. 2038. STUDIES AND REPORTS FOR WATER RESOURCES 
PROJECTS. 
(a) STUDIES.— 
(1) COST-SHARING
REQUIREMENTS.—Section 
105(a) of the Water Resources Development Act of 
1986 (33 U.S.C. 2215(a)) is amended by adding at 
the end the following: 
‘‘(3) DETAILED
PROJECT
REPORTS.—The re-
quirements of this subsection that apply to a feasi-
bility study also shall apply to a study that results 
in a detailed project report, except that— 
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‘‘(A) the first $100,000 of the costs of a 
study that results in a detailed project report 
shall be a Federal expense; and 
‘‘(B) paragraph (1)(C)(ii) shall not apply 
to such a study.’’. 
(2) PLANNING
AND
ENGINEERING.—Section 
105(b) of such Act (33 U.S.C. 2215(b)) is amended 
by striking ‘‘authorized by this Act’’. 
(3) DEFINITIONS.—Section 105 of such Act (33 
U.S.C. 2215) is amended by adding at the end the 
following: 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) DETAILED PROJECT REPORT.—The term 
‘detailed project report’ means a report for a project 
not specifically authorized by Congress in law or 
otherwise that determines the feasibility of the 
project with a level of detail appropriate to the scope 
and complexity of the recommended solution and 
sufficient to proceed directly to the preparation of 
contract plans and specifications. The term includes 
any associated environmental impact statement and 
mitigation plan. For a project for which the Federal 
cost does not exceed $1,000,000, the term includes 
a planning and design analysis document. 
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