Page:United States Statutes at Large Volume 121.djvu/1108

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1087

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requests a peer review by an independent panel of experts. (ii) DEADLINE FOR DECISION.—A decision of the Chief of Engineers under this subparagraph whether to conduct a peer review shall be made within 21 days of the date of receipt of the request by the head of the Federal or State agency under clause (i). (iii) REASONS FOR NOT CONDUCTING PEER REVIEW.— If the Chief of Engineers decides not to conduct a peer review following a request under clause (i), the Chief shall make publicly available, including on the Internet, the reasons for not conducting the peer review. (iv) APPEAL TO CHAIRMAN OF COUNCIL ON ENVIRONMENTAL QUALITY.—A decision by the Chief of Engineers not to conduct a peer review following a request under clause (i) shall be subject to appeal by a person referred to in clause (i) to the Chairman of the Council on Environmental Quality if such appeal is made within the 30-day period following the date of the decision being made available under clause (iii). A decision of the Chairman on an appeal under this clause shall be made within 30 days of the date of the appeal. (4) FACTORS TO CONSIDER.—In determining whether a project study is controversial under paragraph (3)(A)(iii), the Chief of Engineers shall consider if— (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 benefits of the project. (5) PROJECT STUDIES EXCLUDED FROM PEER REVIEW.—The Chief of Engineers may exclude a project study from peer review under paragraph (1)— (A) if the project study does not include an environmental impact statement and is a project study subject to peer review under paragraph (3)(A)(i) that the Chief of Engineers determines— (i) is not controversial; (ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources; (iii) has no substantial adverse impacts 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 negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the critical habitat of such species designated under such Act; (B) if the project study— (i) involves only the rehabilitation or replacement of existing hydropower turbines, lock structures, or flood control gates within the same footprint and for the same purpose as an existing water resources project;

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