Page:United States Statutes at Large Volume 121.djvu/1109

 121 STAT. 1088

PUBLIC LAW 110–114—NOV. 8, 2007

dkrause on GSDDPC44 with PUBLAW

(ii) is for an activity for which there is ample experience within the Corps of Engineers and industry to treat the activity as being routine; and (iii) has minimal life safety risk; or (C) if the project study does not include an environmental impact statement and is a project study pursued under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of August 28, 1937 (33 U.S.C. 701g), section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r), section 107(a) of the River and Harbor Act of 1960 (33 U.S.C. 577(a)), section 3 of the Act entitled ‘‘An Act authorizing Federal 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), or section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330). (6) DETERMINATION OF TOTAL COST.—For purposes of determining the estimated total cost of a project under paragraph (3)(A), the total cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion of the reconnaissance study for the project. If the reasonable estimate of total 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 is required to be reviewed under this section. (b) TIMING OF PEER REVIEW.— (1) IN GENERAL.—The Chief of Engineers shall determine the timing of a peer review of a project study under subsection (a). In all cases, the peer review shall occur during the period beginning on the date of the signing of the feasibility costsharing agreement for the study and ending on the date established under subsection (e)(1)(A) for the peer review and shall be accomplished concurrent with the conducting of the project study. (2) FACTORS TO CONSIDER.—In any case in which the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that— (A) the without-project conditions are identified; (B) the array of alternatives to be considered are identified; and (C) the preferred alternative is identified. (3) LIMITATION ON MULTIPLE PEER REVIEW.—Nothing in this subsection shall be construed to require the Chief of Engineers to conduct multiple peer reviews for a project study. (c) ESTABLISHMENT OF PANELS.— (1) IN GENERAL.—For each project study subject to peer review under subsection (a), as soon as 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 National Academy of Sciences or a similar independent

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