Page:United States Statutes at Large Volume 121.djvu/1111

 121 STAT. 1090

Internet.

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Effective date. Termination date.

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13:52 Jan 23, 2009

PUBLIC LAW 110–114—NOV. 8, 2007

(f) RECOMMENDATIONS OF PANEL.— (1) CONSIDERATION BY THE CHIEF OF ENGINEERS.—After receiving a report on a project study from a panel of experts under this section and before entering a final record of decision for the project, the Chief of Engineers shall consider any recommendations contained in the report and prepare 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 available to the public by electronic means, including the Internet; and (B) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report, together with any such written response, on the date of a final report of the Chief of Engineers or other final decision document for the project study. (g) COSTS.— (1) IN GENERAL.—The costs of a panel of experts established for a peer review under this section— (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 paragraph (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 considered has not been identified; and (2) project studies initiated during the period beginning on such date of enactment and ending 7 years after such date of enactment. (i) REPORTS.— (1) INITIAL REPORT.—Not later than 3 years after the date of enactment of this section, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section. (2) ADDITIONAL REPORT.—Not later than 6 years after the date of enactment of this section, the Chief of Engineers shall update the report under paragraph (1) taking into account any further information on implementation of this section and submit such updated report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (j) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a 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 Engineers to cause or conduct

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