Page:United States Statutes at Large Volume 121.djvu/1113

 121 STAT. 1092

Applicability.

Public information. Internet. Effective date. Termination date.

PUBLIC LAW 110–114—NOV. 8, 2007

this section, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project. (2) SELECTION OF REVIEWERS.—A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other appropriate disciplines. The Chief of Engineers shall apply the National Academy of Science’s policy for selecting reviewers to ensure that reviewers have no conflict of interest with the project being reviewed. (3) COMPENSATION.—An individual serving as an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary and shall be allowed travel expenses. (d) SCOPE OF SAFETY ASSURANCE REVIEWS.—A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a regular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in design and construction activities. (e) SAFETY ASSURANCE REVIEW RECORD.—The written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet. (f) APPLICABILITY.—This section shall apply to any project in design or under construction on the date of enactment of this Act and to any project with respect to which design or construction is initiated during the period beginning on the date of enactment of this Act and ending 7 years after such date of enactment. SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.

dkrause on GSDDPC44 with PUBLAW

(a) MITIGATION FOR FISH AND WILDLIFE LOSSES.—Section 906(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended— (1) in the first sentence of paragraph (1) by striking ‘‘to the Congress’’ and inserting ‘‘to Congress in any report, and shall not select a project alternative in any report,’’; (2) in the second sentence of paragraph (1) by inserting ‘‘, and other habitat types are mitigated to not less than inkind conditions’’ after ‘‘mitigated in-kind’’; and (3) 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, the Secretary shall ensure that the mitigation plan for each water resources project complies with the mitigation standards and policies established pursuant to the regulatory programs administered by the Secretary.

VerDate Aug 31 2005

13:52 Jan 23, 2009

Jkt 059194

PO 00001

Frm 01090

Fmt 6580

Sfmt 6581

M:\STATUTES\2007\59194PT1.001

APPS10

PsN: 59194PT1

�