Page:United States Statutes at Large Volume 121.djvu/1112

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1091

a peer review of a water resources project existing on the date of enactment of this section. (l) DEFINITIONS.—In this section, the following definitions apply: (1) PROJECT STUDY.—The term ‘‘project study’’ means— (A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; and (B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study. (2) AFFECTED STATE.—The term ‘‘affected State’’, as used with respect to a water resources project, means a State all or a portion of which is within the drainage 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 ‘‘eligible 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 administering peer review panels. (4) TOTAL COST.—The term ‘‘total cost’’, as used with respect to a water resources project, means the cost of construction (including planning and designing) of the project. In the case of a project for hurricane and storm damage reduction or flood damage reduction that includes periodic nourishment over the life of the project, the term includes the total cost of the nourishment. SEC. 2035. SAFETY ASSURANCE REVIEW.

33 USC 2344.

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(a) PROJECTS SUBJECT TO SAFETY ASSURANCE REVIEW.—The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare. (b) FACTORS.—In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether— (1) the failure of the project would pose a significant threat to human life; (2) the project involves the use of innovative materials or techniques; (3) the project design lacks redundancy; or (4) the project has a unique construction sequencing or a reduced or overlapping design construction schedule. (c) SAFETY ASSURANCE REVIEW.— (1) INITIATION OF REVIEW.—At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under

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