†
HR 2864 EAS
(B) an activity in the Louisiana Coastal
Area; or
(C) any other project or activity identified
in—
(i) the Mississippi River and Tribu-
taries program;
(ii) the Louisiana Coastal Wetlands
Conservation Plan;
(iii) the Louisiana Coastal Zone Man-
agement Plan; or
(iv) the plan of the State of Louisiana
entitled ‘‘Coast 2050: Toward a Sustainable
Coastal Louisiana’’.
(i) TASK FORCE.—
(1) ESTABLISHMENT.—There is established a
task force to be known as the ‘‘Coastal Louisiana Eco-
system Protection and Restoration Task Force’’ (re-
ferred to in this subsection as the ‘‘Task Force’’).
(2) MEMBERSHIP.—The Task Force shall consist
of the following members (or, in the case of the head
of a Federal agency, a designee at the level of Assist-
ant Secretary or an equivalent level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
†
HR 2864 EAS
(D) The Administrator of the Environ-
mental Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Secretary of Homeland Security.
(I) 3 representatives of the State of Lou-
isiana appointed by the Governor of that State.
(3) DUTIES.—The Task Force shall make rec-
ommendations to the Secretary regarding—
(A) policies, strategies, plans, programs,
projects, and activities for addressing conserva-
tion, protection, restoration, and maintenance of
the coastal Louisiana ecosystem;
(B) financial participation by each agency
represented on the Task Force in conserving, pro-
tecting, restoring, and maintaining the coastal
Louisiana 
ecosystem, 
including
recommendations—
(i) that identify funds from current
agency missions and budgets; and
(ii) for coordinating individual agency
budget requests; and
(C) the comprehensive plan under sub-
section (h).
†
HR 2864 EAS
(4) WORKING GROUPS.—The Task Force may es-
tablish such working groups as the Task Force deter-
mines to be necessary to assist the Task Force in car-
rying out this subsection.
(5) NONAPPLICABILITY OF FACA.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force or any working group of the
Task Force.
(j) SCIENCE AND TECHNOLOGY.—
(1) IN GENERAL.—The Secretary shall establish
a coastal Louisiana ecosystem science and technology
program.
(2) PURPOSES.—The purposes of the program es-
tablished by paragraph (1) shall be—
(A) to identify any uncertainty relating to
the physical, chemical, geological, biological, and
cultural baseline conditions in coastal Lou-
isiana;
(B) to improve knowledge of the physical,
chemical, geological, biological, and cultural
baseline conditions in coastal Louisiana; and
(C) to identify and develop technologies,
models, and methods to carry out this subsection.
(3) WORKING GROUPS.—The Secretary may es-
tablish such working groups as the Secretary deter-
†
HR 2864 EAS
mines to be necessary to assist the Secretary in car-
rying out this subsection.
(4) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—In carrying out this subsection, the Sec-
retary may enter into a contract or cooperative agree-
ment with an individual or entity (including a con-
sortium of academic institutions in Louisiana) with
scientific or engineering expertise in the restoration of
aquatic and marine ecosystems for coastal restoration
and enhancement through science and technology.
(k) ANALYSIS OF BENEFITS.—
(1) IN GENERAL.—Notwithstanding section 209
of the Flood Control Act of 1970 (42 U.S.C. 1962–2)
or any other provision of law, in carrying out an ac-
tivity to conserve, protect, restore, or maintain the
coastal Louisiana ecosystem, the Secretary may deter-
mine that the environmental benefits provided by the
program under this section outweigh the disadvantage
of an activity under this section.
(2) DETERMINATION OF COST-EFFECTIVENESS.—
If the Secretary determines that an activity under
this section is cost-effective, no further economic jus-
tification for the activity shall be required.
(l) STUDIES.—
†
HR 2864 EAS
(1) DEGRADATION.—Not later than 180 days
after the date of enactment of this Act, the Secretary,
in consultation with the non-Federal interest, shall
enter into a contract with the National Academy of
Sciences under which the National Academy of
Sciences shall carry out a study to identify—
(A) the cause of any degradation of the
Louisiana Coastal Area ecosystem that occurred
as a result of an activity approved by the Sec-
retary; and
(B) the sources of the degradation.
(2) FINANCING.—On completion, and taking into
account the results, of the study conducted under
paragraph (1), the Secretary, in consultation with the
non-Federal interest, shall study—
(A) financing alternatives for the program
under subsection (a); and
(B) potential reductions in the expenditure
of Federal funds in emergency responses that
would occur as a result of ecosystem restoration
in the Louisiana Coastal Area.
(m) PROJECT MODIFICATIONS.—
(1) REVIEW.—The Secretary, in cooperation
with any non-Federal interest, shall review each fed-
erally-authorized water resources project in the coast-
†
HR 2864 EAS
al Louisiana area in existence on the date of enact-
ment of this Act to determine whether—
(A) each project is in accordance with the
program under subsection (a); and
(B) the project could contribute to ecosystem
restoration under subsection (a) through modi-
fication of the operations or features of the
project.
(2) MODIFICATIONS.—Subject to paragraphs (3)
and (4), the Secretary may carry out the modifica-
tions described in paragraph (1)(B).
(3) PUBLIC NOTICE AND COMMENT.—Before com-
pleting the report required under paragraph (4), the
Secretary shall provide an opportunity for public no-
tice and comment.
(4) REPORT.—
(A) IN GENERAL.—Before modifying an op-
eration or feature of a project under paragraph
(1)(B), the Secretary shall submit to the Com-
mittee on Environment and Public Works of the
Senate and the Committee on Transportation
and Infrastructure of the House of Representa-
tives a report describing the modification.
(B) INCLUSION.—A report under subpara-
graph (A) shall include such information relat-
†
HR 2864 EAS
ing to the timeline and cost of a modification as
the Secretary determines to be relevant.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $10,000,000.
(n) LOUISIANA WATER RESOURCES COUNCIL.—
(1) ESTABLISHMENT.—There is established with-
in the Mississippi River Commission, a subgroup to
be known as the ‘‘Louisiana Water Resources Coun-
cil’’.
(2) PURPOSES.—The purposes of the Council
are—
(A) to manage and oversee each aspect of
the implementation of a system-wide, comprehen-
sive plan for projects of the Corps of Engineers
(including the study, planning, engineering, de-
sign, and construction of the projects or compo-
nents of projects and the functions or activities
of the Corps of Engineers relating to other
projects) that addresses hurricane protection,
flood control, ecosystem restoration, storm surge
damage reduction, or navigation in the Hurri-
canes Katrina and Rita disaster areas in the
State of Louisiana; and
†
HR 2864 EAS
(B) to demonstrate and evaluate a stream-
lined approach to authorization of water re-
sources projects to be studied, designed, and con-
structed by the Corps of Engineers.
(3) MEMBERSHIP.—
(A) IN GENERAL.—The president of the Mis-
sissippi River Commission shall appoint mem-
bers of the Council, after considering rec-
ommendations of the Governor of Louisiana.
(B) REQUIREMENTS.—The Council shall be
composed of—
(i) 2 individuals with expertise in
coastal ecosystem restoration, including the
interaction of saltwater and freshwater estu-
aries; and
(ii) 2 individual with expertise in geol-
ogy or civil engineering relating to hurri-
cane and flood damage reduction and navi-
gation.
(C) CHAIRPERSON.—In addition to the
members appointed under subparagraph (B), the
Council shall be chaired by 1 of the 3 officers of
the Corps of Engineers of the Mississippi River
Commission.
†
HR 2864 EAS
(4) DUTIES.—With respect to modifications
under subsection (c), the Council shall—
(A) review and approve or disapprove the
reports completed by the Secretary; and
(B) on approval, submit the reports to the
Committee on Environment and Public Works of
the Senate and the Committee on Transportation
and Infrastructure of the House of Representa-
tives.
(5) TERMINATION.—
(A) IN GENERAL.—The Council shall termi-
nate on the date that is 6 years after the date
of enactment of this Act.
(B) EFFECT.—Any project modification
under subsection (c) that has not been approved
by the Council and submitted to Congress by the
date described in subparagraph (A) shall not
proceed to construction before the date on which
the modification is statutorily approved by Con-
gress.
(o) OTHER PROJECTS.—
(1) IN GENERAL.—With respect to the projects
identified in the analysis and design of comprehensive
hurricane protection authorized by title I of the En-
ergy and Water Development Appropriations Act,
†
HR 2864 EAS
2006 (Public Law 109–103; 119 Stat. 2247), the Sec-
retary shall submit a report describing the projects to
the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) CONSTRUCTION.—The Secretary shall be au-
thorized to construct the projects at the time the Com-
mittees referred to in paragraph (1) each adopt a res-
olution approving the project.
(p) REPORT.—
(1) IN GENERAL.—Not later than 6 years after
the date of enactment of this Act, the Secretary shall
submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives a report evaluating the alternative means of au-
thorizing Corps of Engineers water resources projects
under subsections (c)(3), (f)(2), and (o)(2).
(2) INCLUSIONS.—The report shall include a de-
scription of—
(A) the projects authorized and undertaken
under this section;
(B) the construction status of the projects;
and
†
HR 2864 EAS
(C) the benefits and environmental impacts
of the projects.
(3) EXTERNAL
REVIEW.—The Secretary shall
enter into a contract with the National Academy of
Science to perform an external review of the dem-
onstration program under subsection (d), which shall
be submitted to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUC-
TION.
The Secretary—
(1) shall conduct a study for flood damage reduc-
tion, Cache River Basin, Grubbs, Arkansas; and
(2) if the Secretary determines that the project is
feasible, may carry out the project under section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s).
SEC. 1005. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is feasible, may carry out the project under section
107 of the River and Harbor Act of 1960 (33 U.S.C. 577):
†
HR 2864 EAS
(1) LITTLE ROCK PORT, ARKANSAS.—Project for
navigation, Little Rock Port, Arkansas River, Arkan-
sas.
(2) AU
SABLE
RIVER, MICHIGAN.—Project for
navigation, Au Sable River in the vicinity of Oscoda,
Michigan.
(3) OUTER CHANNEL AND INNER HARBOR, ME-
NOMINEE
HARBOR, 
MICHIGAN
AND
WISCONSIN.—
Project for navigation, Outer Channel and Inner
Harbor, Menominee Harbor, Michigan and Wis-
consin.
(4) MIDDLE BASS ISLAND STATE PARK, MIDDLE
BASS ISLAND, OHIO.—Project for navigation, Middle
Bass Island State Park, Middle Bass Island, Ohio.
SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM
RESTORATION.
The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a
project is appropriate, may carry out the project under sec-
tion 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330):
(1) SAN DIEGO RIVER, CALIFORNIA.—Project for
aquatic ecosystem restoration, San Diego River, Cali-
fornia, including efforts to address invasive aquatic
plant species.
†
HR 2864 EAS
(2) SUISON
MARSH, SAN
PABLO
BAY, CALI-
FORNIA.—Project for aquatic ecosystem restoration,
San Pablo Bay, California.
(3) JOHNSON
CREEK, 
GRESHAM, 
OREGON.—
Project for aquatic ecosystem restoration, Johnson
Creek, Gresham, Oregon.
(4) BLACKSTONE
RIVER, 
RHODE
ISLAND.—
Project for aquatic ecosystem restoration, Blackstone
River, Rhode Island.
(5) COLLEGE
LAKE, LYNCHBURG, VIRGINIA.—
Project for aquatic ecosystem restoration, College
Lake, Lynchburg, Virginia.
TITLE II—GENERAL PROVISIONS
Subtitle A—Provisions
SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.
Section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b) is amended—
(1) by striking ‘‘SEC. 221’’ and inserting the fol-
lowing:
‘‘SEC. 
221. 
WRITTEN 
AGREEMENT 
REQUIREMENT 
FOR
WATER RESOURCES PROJECTS.’’;
and
(2) by striking subsection (a) and inserting the
following:
‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.—
†
HR 2864 EAS
‘‘(1) IN GENERAL.—After December 31, 1970, the
construction of any water resources project, or an ac-
ceptable separable element thereof, by the Secretary of
the Army, acting through the Chief of Engineers, or
by a non-Federal interest where such interest will be
reimbursed for such construction under any provision
of law, shall not be commenced until each non-Federal
interest has entered into a written partnership agree-
ment with the district engineer for the district in
which the project will be carried out under which each
party agrees to carry out its responsibilities and re-
quirements for implementation or construction of the
project or the appropriate element of the project, as
the case may be; except that no such agreement shall
be required if the Secretary determines that the ad-
ministrative costs associated with negotiating, exe-
cuting, or administering the agreement would exceed
the amount of the contribution required from the non-
Federal interest and are less than $25,000.
‘‘(2) LIQUIDATED DAMAGES.—An agreement de-
scribed in paragraph (1) may include a provision for
liquidated damages in the event of a failure of 1 or
more parties to perform.
‘‘(3) 
OBLIGATION
OF
FUTURE
APPROPRIA-
TIONS.—In any such agreement entered into by a
†
HR 2864 EAS
State, or a body politic of the State which derives its
powers from the State constitution, or a governmental
entity created by the State legislature, the agreement
may reflect that it does not obligate future appropria-
tions for such performance and payment when obli-
gating future appropriations would be inconsistent
with constitutional or statutory limitations of the
State or a political subdivision of the State.
‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.—
‘‘(A) IN
GENERAL.—An agreement under
paragraph (1) shall provide that the Secretary
shall credit toward the non-Federal share of the
cost of the project, including a project imple-
mented under general continuing authority, the
value of in-kind contributions made by the non-
Federal interest, including—
‘‘(i) the costs of planning (including
data collection), design, management, miti-
gation, construction, and construction serv-
ices that are provided by the non-Federal
interest for implementation of the project;
and
‘‘(ii) the value of materials or services
provided before execution of an agreement
for the project, including—
†
HR 2864 EAS
‘‘(I) efforts on constructed ele-
ments incorporated into the project;
and
‘‘(II) materials and services pro-
vided after an agreement is executed.
‘‘(B) CONDITION.—The Secretary shall cred-
it an in-kind contribution under subparagraph
(A) if the Secretary determines that the property
or service provided as an in-kind contribution is
integral to the project.
‘‘(C) LIMITATIONS.—Credit authorized for a
project—
‘‘(i) shall not exceed the non-Federal
share of the cost of the project;
‘‘(ii) shall not alter any other require-
ment that a non-Federal interest provide
land, an easement or right-of-way, or an
area for disposal of dredged material for the
project; and
‘‘(iii) shall not exceed the actual and
reasonable costs of the materials, services, or
other things provided by the non-Federal in-
terest, as determined by the Secretary.’’.
†
HR 2864 EAS
SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT
AUTHORITY.
Section 234 of the Water Resources Development Act
of 1996 (33 U.S.C. 2323a) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—The Secretary may engage in ac-
tivities (including contracting) in support of other Federal
agencies, international organizations, or foreign govern-
ments to address problems of national significance to the
United States.’’;
(2) in subsection (b), by striking ‘‘Secretary of
State’’ and inserting ‘‘Department of State’’; and
(3) in subsection (d)—
(A) by striking ‘‘$250,000 for fiscal year
2001’’ and inserting ‘‘$1,000,000 for fiscal year
2007 and each fiscal year thereafter’’; and
(B) by striking ‘‘or international organiza-
tions’’ and inserting ‘‘, international organiza-
tions, or foreign governments’’.
SEC. 2003. TRAINING FUNDS.
(a) IN GENERAL.—The Secretary may include indi-
viduals from the non-Federal interest, including the private
sector, in training classes and courses offered by the Corps
of Engineers in any case in which the Secretary determines
†
HR 2864 EAS
that it is in the best interest of the Federal Government
to include those individuals as participants.
(b) EXPENSES.—
(1) IN GENERAL.—An individual from a non-
Federal interest attending a training class or course
described in subsection (a) shall pay the full cost of
the training provided to the individual.
(2) PAYMENTS.—Payments made by an indi-
vidual for training received under subsection (a), 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 miscella-
neous receipts to the Treasury of the United States.
SEC. 2004. FISCAL TRANSPARENCY REPORT.
(a) IN GENERAL.—On the third Tuesday of January
of each year beginning January 2008, the Chief of Engi-
neers shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transpor-
†
HR 2864 EAS
tation and Infrastructure of the House of Representatives
a report on the expenditures for the preceding fiscal year
and estimated expenditures for the current fiscal year.
(b) CONTENTS.—In addition to the information de-
scribed in subsection (a), the report shall contain a detailed
accounting of the following information:
(1) With respect to general construction, infor-
mation on—
(A) projects currently under construction,
including—
(i) allocations to date;
(ii) the number of years remaining to
complete construction;
(iii) the estimated annual Federal cost
to maintain that construction schedule; and
(iv) a list of projects the Corps of En-
gineers expects to complete during the cur-
rent fiscal year; and
(B) projects for which there is a signed cost-
sharing agreement and completed planning, en-
gineering, and design, including—
(i) the number of years the project is
expected to require for completion; and
(ii) estimated annual Federal cost to
maintain that construction schedule.
†
HR 2864 EAS
(2) With respect to operation and maintenance
of the inland and intracoastal waterways under sec-
tion 206 of Public Law 95–502 (33 U.S.C. 1804)—
(A) the estimated annual cost to maintain
each waterway for the authorized reach and at
the authorized depth; and
(B) the estimated annual cost of operation
and maintenance of locks and dams to ensure
navigation without interruption.
(3) With respect to general investigations and re-
connaissance and feasibility studies—
(A) the number of active studies;
(B) the number of completed studies not yet
authorized for construction;
(C) the number of initiated studies; and
(D) the number of studies expected to be
completed during the fiscal year.
(4) Funding received and estimates of funds to
be received for interagency and international support
activities under section 318(a) of the Water Resources
Development Act of 1990 (33 U.S.C. 2323(a)).
(5) Recreation fees and lease payments.
(6) Hydropower and water storage fees.
(7) Deposits into the Inland Waterway Trust
Fund and the Harbor Maintenance Trust Fund.
†
HR 2864 EAS
(8) Other revenues and fees collected.
(9) With respect to permit applications and no-
tifications, a list of individual permit applications
and nationwide permit notifications, including—
(A) the date on which each permit applica-
tion is filed;
(B) the date on which each permit applica-
tion is determined to be complete; and
(C) the date on which the Corps of Engi-
neers grants, withdraws, or denies each permit.
(10) With respect to the project backlog, a list of
authorized projects for which no funds have been allo-
cated for the 5 preceding fiscal years, including, for
each project—
(A) the authorization date;
(B) the last allocation date;
(C) the percentage of construction com-
pleted;
(D) the estimated cost remaining until com-
pletion of the project; and
(E) a brief explanation of the reasons for
the delay.
†
HR 2864 EAS
SEC. 2005. PLANNING.
(a) MATTERS TO BE ADDRESSED IN PLANNING.—Sec-
tion 904 of the Water Resources Development Act of 1986
(33 U.S.C. 2281) is amended—
(1) by striking ‘‘Enhancing’’ and inserting the
following:
‘‘(a) IN GENERAL.—Enhancing’’; and
(2) by adding at the end the following:
‘‘(b) ASSESSMENTS.—For all feasibility reports com-
pleted after December 31, 2005, the Secretary shall assess
whether—
‘‘(1) the water resource project and each sepa-
rable element is cost-effective; and
‘‘(2) the water resource project complies with
Federal, State, and local laws (including regulations)
and public policies.’’.
(b) PLANNING PROCESS IMPROVEMENTS.—The Chief
of Engineers—
(1) shall, not later than 2 years after the date on
which the feasibility study cost sharing agreement is
signed for a project, subject to the availability of
appropriations—
(A) complete the feasibility study for the
project; and
(B) sign the report of the Chief of Engineers
for the project;
†
HR 2864 EAS
(2) may, with the approval of the Secretary, ex-
tend the deadline established under paragraph (1) for
not to exceed 4 years, for a complex or controversial
study; and
(3)(A) shall adopt a risk analysis approach to
project cost estimates; and
(B) not later than 1 year after the date of enact-
ment of this Act, shall—
(i) issue procedures for risk analysis for cost
estimation; and
(ii) submit to Congress a report that in-
cludes suggested amendments to section 902 of
the Water Resources Development Act of 1986
(33 U.S.C. 2280).
(c) CALCULATION
OF BENEFITS
AND COSTS
FOR
FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility
study for a project for flood damage reduction shall include,
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 the residual risk of loss of
human life and residual risk to human safety fol-
lowing completion of the proposed project; and
(3) a calculation of any upstream or down-
stream impacts of the proposed project.
†
HR 2864 EAS
(d) CENTERS
OF SPECIALIZED PLANNING EXPER-
TISE.—
(1) ESTABLISHMENT.—The Secretary may estab-
lish centers of expertise to provide specialized plan-
ning expertise for water resource projects to be carried
out by the Secretary in order to enhance and supple-
ment the capabilities of the districts of the Corps of
Engineers.
(2) DUTIES.—A center of expertise established
under this subsection shall—
(A) provide technical and managerial as-
sistance to district commanders of the Corps of
Engineers for project planning, development, and
implementation;
(B) provide peer reviews of new major sci-
entific, engineering, or economic methods, mod-
els, or analyses that will be used to support deci-
sions of the Secretary with respect to feasibility
studies;
(C) provide support for external peer review
panels convened by the Secretary; and
(D) carry out such other duties as are pre-
scribed by the Secretary.
(e) COMPLETION
OF CORPS
OF ENGINEERS RE-
PORTS.—
†
HR 2864 EAS
(1) ALTERNATIVES.—
(A) IN
GENERAL.—Feasibility and other
studies and assessments of water resource prob-
lems and projects shall include recommendations
for alternatives—
(i) that, as determined by the non-Fed-
eral interests for the projects, promote inte-
grated water resources management; and
(ii) for which the non-Federal interests
are willing to provide the non-Federal share
for the studies or assessments.
(B) SCOPE AND PURPOSES.—The scope and
purposes of studies and assessments described in
subparagraph (A) shall not be constrained by
budgetary or other policy as a result of the inclu-
sion of alternatives described in that subpara-
graph.
(C) REPORTS OF CHIEF OF ENGINEERS.—
The reports of the Chief of Engineers shall be
based solely on the best technical solutions to
water resource needs and problems.
(2) REPORT COMPLETION.—The completion of a
report of the Chief of Engineers for a project—
†
HR 2864 EAS
(A) shall not be delayed while consideration
is being given to potential changes in policy or
priority for project consideration; and
(B) shall be submitted, on completion, to—
(i) the Committee on Environment and
Public Works of the Senate; and
(ii) the Committee on Transportation
and Infrastructure of the House of Rep-
resentatives.
(f) COMPLETION REVIEW.—
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 90 days after the date of
completion of a report of the Chief of Engineers that
recommends to Congress a water resource project, the
Secretary shall—
(A) review the report; and
(B) provide any recommendations of the
Secretary regarding the water resource project to
Congress.
(2) PRIOR REPORTS.—Not later than 90 days
after the date of enactment of this Act, with respect
to any report of the Chief of Engineers recommending
a water resource project that is complete prior to the
date of enactment of this Act, the Secretary shall com-
plete review of, and provide recommendations to Con-
†
HR 2864 EAS
gress for, the report in accordance with paragraph
(1).
SEC. 2006. WATER RESOURCES PLANNING COORDINATING
COMMITTEE.
(a) ESTABLISHMENT.—The President shall establish a
Water Resources Planning Coordinating Committee (re-
ferred to in this subsection as the ‘‘Coordinating Com-
mittee’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Coordinating Committee
shall be composed of the following members (or a des-
ignee of the member):
(A) The Secretary of the Interior.
(B) The Secretary of Agriculture.
(C) The Secretary of Health and Human
Services.
(D) The Secretary of Housing and Urban
Development.
(E) The Secretary of Transportation.
(F) The Secretary of Energy.
(G) The Secretary of Homeland Security.
(H) The Secretary of Commerce.
(I) The Administrator of the Environmental
Protection Agency.
†
HR 2864 EAS
(J) The Chairperson of the Council on En-
vironmental Quality.
(2) CHAIRPERSON AND EXECUTIVE DIRECTOR.—
The President shall appoint—
(A) 1 member of the Coordinating Com-
mittee to serve as Chairperson of the Coordi-
nating Committee for a term of 2 years; and
(B) an Executive Director to supervise the
activities of the Coordinating Committee.
(3) FUNCTION.—The function of the Coordi-
nating Committee shall be to carry out the duties and
responsibilities set forth under this section.
(c) NATIONAL WATER RESOURCES PLANNING
AND
MODERNIZATION POLICY.—It is the policy of the United
States that all water resources projects carried out by the
Corps of Engineers shall—
(1) reflect national priorities;
(2) seek to avoid the unwise use of floodplains;
(3) minimize vulnerabilities in any case in
which a floodplain must be used;
(4) protect and restore the functions of natural
systems; and
(5) mitigate any unavoidable damage to natural
systems.
(d) WATER RESOURCE PRIORITIES REPORT.—
†
HR 2864 EAS
(1) IN GENERAL.—Not later than 2 years after
the date of enactment of this Act, the Coordinating
Committee, in collaboration with the Secretary, shall
submit to the President and Congress a report de-
scribing the vulnerability of the United States to
damage from flooding and related storm damage,
including—
(A) the risk to human life;
(B) the risk to property; and
(C) the comparative risks faced by different
regions of the United States.
(2) INCLUSIONS.—The report under paragraph
(1) shall include—
(A) an assessment of the extent to which
programs in the United States relating to flood-
ing address flood risk reduction priorities;
(B) the extent to which those programs may
be unintentionally encouraging development and
economic activity in floodprone areas;
(C) recommendations for improving those
programs with respect to reducing and respond-
ing to flood risks; and
(D) proposals for implementing the rec-
ommendations.
†
HR 2864 EAS
(e) MODERNIZING
WATER
RESOURCES
PLANNING
GUIDELINES.—
(1) IN GENERAL.—Not later than 2 years after
the date of enactment of this Act, and every 5 years
thereafter, the Secretary and the Coordinating Com-
mittee shall, in collaboration with each other, review
and propose updates and revisions to modernize the
planning principles and guidelines, regulations, and
circulars by which the Corps of Engineers analyzes
and evaluates water projects. In carrying out the re-
view, the Coordinating Committee and the Secretary
shall consult with the National Academy of Sciences
for recommendations regarding updating planning
documents.
(2) PROPOSED REVISIONS.—In conducting a re-
view under paragraph (1), the Coordinating Com-
mittee and the Secretary shall consider revisions to
improve water resources project planning through,
among other things—
(A) requiring the use of modern economic
principles and analytical techniques, credible
schedules for project construction, and current
discount rates as used by other Federal agencies;
(B) eliminating biases and disincentives to
providing projects to low-income communities,
†
HR 2864 EAS
including fully accounting for the prevention of
loss of life under section 904 of the Water Re-
sources Development Act of 1986 (33 U.S.C.
2281);
(C) eliminating biases and disincentives
that discourage the use of nonstructural ap-
proaches to water resources development and
management, and fully accounting for the flood
protection and other values of healthy natural
systems;
(D) promoting environmental restoration
projects that reestablish natural processes;
(E) assessing and evaluating the impacts of
a project in the context of other projects within
a region or watershed;
(F) analyzing and incorporating lessons
learned from recent studies of Corps of Engineers
programs and recent disasters such as Hurricane
Katrina and the Great Midwest Flood of 1993;
(G) encouraging wetlands conservation; and
(H) ensuring the effective implementation of
the policies of this Act.
(3) PUBLIC PARTICIPATION.—The Coordinating
Committee and the Secretary shall solicit public and
†
HR 2864 EAS
expert comments regarding any revision proposed
under paragraph (2).
(4) REVISION OF PLANNING GUIDANCE.—
(A) IN GENERAL.—Not later than 180 days
after the date on which a review under para-
graph (1) is completed, the Secretary, after pro-
viding notice and an opportunity for public
comment in accordance with subchapter II of
chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ‘‘Adminis-
trative Procedure Act’’), shall implement such
proposed updates and revisions to the planning
principles and guidelines, regulations, and circu-
lars of the Corps of Engineers under paragraph
(2) as the Secretary determines to be appro-
priate.
(B) EFFECT.—Effective beginning on the
date on which the Secretary implements the first
update or revision under paragraph (1), sub-
sections (a) and (b) of section 80 of the Water
Resources Development Act of 1974 (42 U.S.C.
1962d–17) shall not apply to the Corps of Engi-
neers.
(5) REPORT.—
†
HR 2864 EAS
(A) IN GENERAL.—The Secretary shall sub-
mit to the Committees on Environment and Pub-
lic Works and Appropriations of the Senate, and
to the Committees on Transportation and Infra-
structure and Appropriations of the House of
Representatives, a report describing any revision
of planning guidance under paragraph (4).
(B) PUBLICATION.—The Secretary shall
publish the report under subparagraph (A) in
the Federal Register.
SEC. 2007. INDEPENDENT PEER REVIEW.
(a) DEFINITIONS.—In this section:
(1) CONSTRUCTION ACTIVITIES.—The term ‘‘con-
struction activities’’ means development of detailed
engineering and design specifications during the
preconstruction engineering and design phase and the
engineering and design phase of a water resources
project carried out by the Corps of Engineers, and
other activities carried out on a water resources
project prior to completion of the construction and to
turning the project over to the local cost-share part-
ner.
(2) PROJECT STUDY.—The term ‘‘project study’’
means a feasibility report, reevaluation report, or en-
†
HR 2864 EAS
vironmental impact statement prepared by the Corps
of Engineers.
(b) DIRECTOR OF INDEPENDENT REVIEW.—The Sec-
retary shall appoint in the Office of the Secretary a Direc-
tor of Independent Review. The Director shall be selected
from among individuals who are distinguished experts in
engineering, hydrology, biology, economics, or another dis-
cipline related to water resources management. The Sec-
retary shall ensure, to the maximum extent practicable, that
the Director does not have a financial, professional, or other
conflict of interest with projects subject to review. The Di-
rector of Independent Review shall carry out the duties set
forth in this section and such other duties as the Secretary
deems appropriate.
(c) SOUND PROJECT PLANNING.—
(1) PROJECTS SUBJECT TO PLANNING REVIEW.—
The Secretary shall ensure that each project study for
a water resources project shall be reviewed by an
independent panel of experts established under this
subsection if—
(A) the project has an estimated total cost
of more than $40,000,000, including mitigation
costs;
(B) the Governor of a State in which the
water resources project is located in whole or in
†
HR 2864 EAS
part, or the Governor of a State within the
drainage basin in which a water resources
project is located and that would be directly af-
fected economically or environmentally as a re-
sult of the project, requests in writing to the Sec-
retary the establishment of an independent panel
of experts for the project;
(C) the head of a Federal agency with au-
thority to review the project determines that the
project is likely to have a significant adverse im-
pact on public safety, or on environmental, fish
and wildlife, historical, cultural, or other re-
sources under the jurisdiction of the agency, and
requests in writing to the Secretary the establish-
ment of an independent panel of experts for the
project; or
(D) the Secretary determines on his or her
own initiative, or shall determine within 30
days of receipt of a written request for a con-
troversy determination by any party, that the
project is controversial because—
(i) there is a significant dispute re-
garding the size, nature, potential safety
risks, or effects of the project; or
†
HR 2864 EAS
(ii) there is a significant dispute re-
garding the economic, or environmental
costs or benefits of the project.
(2) PROJECT PLANNING REVIEW PANELS.—
(A) PROJECT
PLANNING
REVIEW
PANEL
MEMBERSHIP.—For each water resources project
subject to review under this subsection, the Direc-
tor of Independent Review shall establish a panel
of independent experts that shall be composed of
not less than 5 nor more than 9 independent ex-
perts (including at least 1 engineer, 1 hydrolo-
gist, 1 biologist, and 1 economist) who represent
a range of areas of expertise. The Director of
Independent Review shall apply the National
Academy of Science’s policy for selecting com-
mittee members to ensure that members have no
conflict with the project being reviewed, and
shall consult with the National Academy of
Sciences in developing lists of individuals to
serve on panels of experts under this subsection.
An individual serving on a panel under this sub-
section shall be compensated at a rate of pay to
be determined by the Secretary, and shall be al-
lowed travel expenses.
†
HR 2864 EAS
(B) DUTIES OF PROJECT PLANNING REVIEW
PANELS.—An independent panel of experts estab-
lished under this subsection shall review the
project study, receive from the public written
and oral comments concerning the project study,
and submit a written report to the Secretary
that shall contain the panel’s conclusions and
recommendations regarding project study issues
identified as significant by the panel, including
issues such as—
(i) economic and environmental as-
sumptions and projections;
(ii) project evaluation data;
(iii) economic or environmental anal-
yses;
(iv) engineering analyses;
(v) formulation of alternative plans;
(vi) methods for integrating risk and
uncertainty;
(vii) models used in evaluation of eco-
nomic or environmental impacts of pro-
posed projects; and
(viii) any related biological opinions.
(C) PROJECT PLANNING REVIEW RECORD.—
†
HR 2864 EAS
(i) IN GENERAL.—After receiving a re-
port from an independent panel of experts
established under this subsection, the Sec-
retary shall take into consideration any rec-
ommendations contained in the report and
shall immediately make the report available
to the public on the internet.
(ii) 
RECOMMENDATIONS.—The 
Sec-
retary shall prepare a written explanation
of any recommendations of the independent
panel of experts established under this sub-
section not adopted by the Secretary. Rec-
ommendations and findings of the inde-
pendent panel of experts rejected without
good cause shown, as determined by judicial
review, shall be given equal deference as the
recommendations and findings of the Sec-
retary during a judicial proceeding relating
to the water resources project.
(iii) SUBMISSION
TO
CONGRESS
AND
PUBLIC
AVAILABILITY.—The report of the
independent panel of experts established
under this subsection and the written expla-
nation of the Secretary required by clause
(ii) shall be included with the report of the
†
HR 2864 EAS
Chief of Engineers to Congress, shall be
published in the Federal Register, and shall
be made available to the public on the
Internet.
(D) DEADLINES
FOR
PROJECT
PLANNING
REVIEWS.—
(i) IN GENERAL.—Independent review
of a project study shall be completed prior
to the completion of any Chief of Engineers
report for a specific water resources project.
(ii) DEADLINE FOR PROJECT PLANNING
REVIEW PANEL STUDIES.—An independent
panel of experts established under this sub-
section shall complete its review of the
project study and submit to the Secretary a
report not later than 180 days after the
date of establishment of the panel, or not
later than 90 days after the close of the pub-
lic comment period on a draft project study
that includes a preferred alternative, which-
ever is later. The Secretary may extend
these deadlines for good cause.
(iii) FAILURE TO COMPLETE REVIEW
AND REPORT.—If an independent panel of
experts established under this subsection
†
HR 2864 EAS
does not submit to the Secretary a report by
the deadline established by clause (ii), the
Chief of Engineers may continue project
planning without delay.
(iv) DURATION OF PANELS.—An inde-
pendent panel of experts established under
this subsection shall terminate on the date
of submission of the report by the panel.
Panels may be established as early in the
planning process as deemed appropriate by
the Director of Independent Review, but
shall be appointed no later than 90 days be-
fore the release for public comment of a
draft study subject to review under sub-
section (c)(1)(A), and not later than 30
days after a determination that review is
necessary 
under 
subsection 
(c)(1)(B),
(c)(1)(C), or (c)(1)(D).
(E) EFFECT ON EXISTING GUIDANCE.—The
project planning review required by this sub-
section shall be deemed to satisfy any external
review required by Engineering Circular 1105–
2–408 (31 May 2005) on Peer Review of Deci-
sion Documents.
(d) SAFETY ASSURANCE.—
†
HR 2864 EAS
(1) PROJECTS SUBJECT TO SAFETY ASSURANCE
REVIEW.—The Secretary shall ensure that the con-
struction activities for any flood damage reduction
project shall be reviewed by an independent panel of
experts established under this subsection if the Direc-
tor of Independent Review makes a determination
that an independent review is necessary to ensure
public health, safety, and welfare on any project—
(A) for which the reliability of performance
under emergency conditions is critical;
(B) that uses innovative materials or tech-
niques;
(C) for which the project design is lacking
in redundancy, or that has a unique construc-
tion sequencing or a short or overlapping design
construction schedule; or
(D) other than a project described in sub-
paragraphs (A) through (C), as the Director of
Independent Review determines to be appro-
priate.
(2) SAFETY
ASSURANCE
REVIEW
PANELS.—At
the appropriate point in the development of detailed
engineering and design specifications for each water
resources project subject to review under this sub-
section, the Director of Independent Review shall es-
†
HR 2864 EAS
tablish an independent panel of experts to review and
report to the Secretary on the adequacy of construc-
tion activities for the project. An independent panel
of experts under this subsection shall be composed of
not less than 5 nor more than 9 independent experts
selected from among individuals who are distin-
guished experts in engineering, hydrology, or other
pertinent disciplines. The Director of Independent Re-
view shall apply the National Academy of Science’s
policy for selecting committee members to ensure that
panel members have no conflict with the project being
reviewed. An individual serving on a panel of experts
under this subsection shall be compensated at a rate
of pay to be determined by the Secretary, and shall
be allowed travel expenses.
(3) DEADLINES
FOR
SAFETY
ASSURANCE
RE-
VIEWS.—An independent panel of experts established
under this subsection shall submit a written report to
the Secretary on the adequacy of the construction ac-
tivities prior to the initiation of physical construction
and periodically thereafter until construction activi-
ties are completed on a publicly available schedule de-
termined by the Director of Independent Review for
the purposes of assuring the public safety. The Direc-
tor of Independent Review shall ensure that these re-
†
HR 2864 EAS
views be carried out in a way to protect the public
health, safety, and welfare, while not causing unneces-
sary delays in construction activities.
(4) SAFETY ASSURANCE REVIEW RECORD.—After
receiving a written report from an independent panel
of experts established under this subsection, the Sec-
retary shall—
(A) take into consideration recommenda-
tions contained in the report, provide a written
explanation of recommendations not adopted,
and immediately make the report and expla-
nation available to the public on the Internet;
and
(B) submit the report to the Committee on
Environment and Public Works of the Senate
and the Committee on Transportation and Infra-
structure of the House of Representatives.
(e) EXPENSES.—
(1) IN GENERAL.—The costs of an independent
panel of experts established under subsection (c) or (d)
shall be a Federal expense and shall not exceed—
(A) $250,000, if the total cost of the project
in current year dollars is less than $50,000,000;
and
†
HR 2864 EAS
(B) 0.5 percent of the total cost of the
project in current year dollars, if the total cost
is $50,000,000 or more.
(2) WAIVER.—The Secretary, at the written re-
quest of the Director of Independent Review, may
waive the cost limitations under paragraph (1) if the
Secretary determines appropriate.
(f) REPORT.—Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Con-
gress a report describing the implementation of this section.
(g) SAVINGS CLAUSE.—Nothing in this section shall
be construed to affect any authority of the Secretary to
cause or conduct a peer review of the engineering, scientific,
or technical basis of any water resources project in existence
on the date of enactment of this Act.
SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.
(a) COMPLETION OF MITIGATION.—Section 906(a) of
the Water Resources Development Act of 1986 (33 U.S.C.
2283(a)) is amended by adding at the following:
‘‘(3) COMPLETION OF MITIGATION.—In any case
in which it is not technically practicable to complete
mitigation by the last day of construction of the
project or separable element of the project because of
the nature of the mitigation to be undertaken, the
Secretary shall complete the required mitigation as
†
HR 2864 EAS
expeditiously as practicable, but in no case later than
the last day of the first fiscal year beginning after the
last day of construction of the project or separable ele-
ment of the project.’’.
(b) USE
OF CONSOLIDATED MITIGATION.—Section
906(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2283(b)) is amended by adding at the end the fol-
lowing:
‘‘(3) USE OF CONSOLIDATED MITIGATION.—
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that other forms of compensatory mitiga-
tion are not practicable or are less environ-
mentally desirable, the Secretary may purchase
available credits from a mitigation bank or con-
servation bank that is approved in accordance
with the Federal Guidance for the Establishment,
Use and Operation of Mitigations Banks (60
Fed. Reg. 58605) or other applicable Federal
laws (including regulations).
‘‘(B) SERVICE AREA.—To the maximum ex-
tent practicable, the service area of the mitiga-
tion bank or conservation bank shall be in the
same watershed as the affected habitat.
‘‘(C) 
RESPONSIBILITY
RELIEVED.—Pur-
chase of credits from a mitigation bank or con-
†
HR 2864 EAS
servation bank for a water resources project re-
lieves the Secretary and the non-Federal interest
from responsibility for monitoring or dem-
onstrating mitigation success.’’.
(c) MITIGATION REQUIREMENTS.—Section 906(d) of
the Water Resources Development Act of 1986 (33 U.S.C.
2283(d)) is amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking ‘‘to the
Congress unless such report contains’’ and in-
serting ‘‘to Congress, and shall not select a
project alternative in any final record of deci-
sion, environmental impact statement, or envi-
ronmental assessment, unless the proposal, record
of decision, environmental impact statement, or
environmental assessment contains’’; and
(B) in the second sentence, by inserting ‘‘,
and other habitat types are mitigated to not less
than in-kind conditions’’ after ‘‘mitigated in-
kind’’; and
(2) by adding at the end the following:
‘‘(3) MITIGATION REQUIREMENTS.—
‘‘(A) IN GENERAL.—To mitigate losses to
flood damage reduction capabilities and fish and
wildlife resulting from a water resources project,
†
HR 2864 EAS
the Secretary shall ensure that the mitigation
plan for each water resources project complies
fully with the mitigation standards and policies
established pursuant to section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C.
1344).
‘‘(B) INCLUSIONS.—A specific mitigation
plan for a water resources project under para-
graph (1) shall include, at a minimum—
‘‘(i) a plan for monitoring the imple-
mentation and ecological success of each
mitigation measure, including a designa-
tion of the entities that will be responsible
for the monitoring;
‘‘(ii) the criteria for ecological success
by which the mitigation will be evaluated
and determined to be successful;
‘‘(iii) land and interests in land to be
acquired for the mitigation plan and the
basis for a determination that the land and
interests are available for acquisition;
‘‘(iv) a description of—
‘‘(I) the types and amount of res-
toration activities to be conducted; and
†
HR 2864 EAS
‘‘(II) the resource functions and
values that will result from the mitiga-
tion plan; and
‘‘(v) a contingency plan for taking cor-
rective actions in cases in which monitoring
demonstrates that mitigation measures are
not achieving ecological success in accord-
ance with criteria under clause (ii).
‘‘(4) DETERMINATION OF SUCCESS.—
‘‘(A) IN
GENERAL.—A mitigation plan
under this subsection shall be considered to be
successful at the time at which the criteria under
paragraph (3)(B)(ii) are achieved under the
plan, as determined by monitoring under para-
graph (3)(B)(i).
‘‘(B) 
CONSULTATION.—In 
determining
whether a mitigation plan is successful under
subparagraph (A), the Secretary shall consult
annually with appropriate Federal agencies and
each State in which the applicable project is lo-
cated on at least the following:
‘‘(i) The ecological success of the miti-
gation as of the date on which the report is
submitted.
†
HR 2864 EAS
‘‘(ii) The likelihood that the mitigation
will achieve ecological success, as defined in
the mitigation plan.
‘‘(iii) The projected timeline for achiev-
ing that success.
‘‘(iv) Any recommendations for im-
proving the likelihood of success.
‘‘(C) REPORTING.—Not later than 60 days
after the date of completion of the annual con-
sultation, the Federal agencies consulted shall,
and each State in which the project is located
may, submit to the Secretary a report that de-
scribes the results of the consultation described in
(B).
‘‘(D) ACTION
BY
SECRETARY.—The Sec-
retary shall respond in writing to the substance
and recommendations contained in each report
under subparagraph (C) by not later than 30
days after the date of receipt of the report.
‘‘(5) MONITORING.—Mitigation monitoring shall
continue until it has been demonstrated that the miti-
gation has met the ecological success criteria.’’.
(d) STATUS REPORT.—
(1) IN GENERAL.—Concurrent with the submis-
sion of the President to Congress of the request of the
†
HR 2864 EAS
President for appropriations for the Civil Works Pro-
gram for a fiscal year, the Secretary shall submit to
the Committee on the Environment and Public Works
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a
report describing the status of construction of projects
that require mitigation under section 906 of Water
Resources Development Act 1986 (33 U.S.C. 2283)
and the status of that mitigation.
(2) PROJECTS
INCLUDED.—The status report
shall include the status of—
(A) all projects that are under construction
as of the date of the report;
(B) all projects for which the President re-
quests funding for the next fiscal year; and
(C) all projects that have completed con-
struction, but have not completed the mitigation
required under section 906 of the Water Re-
sources Development Act of 1986 (33 U.S.C.
2283).
(e) MITIGATION TRACKING SYSTEM.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall
establish a recordkeeping system to track, for each
water resources project undertaken by the Secretary