[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[Senate]
[Pages 15020-15024]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4681. Mr. FEINGOLD (for himself, Mr. McCain, Mr. Carper, Mr. 
Lieberman, Mr. Jeffords, Ms. Collins, and Ms. Snowe) proposed an 
amendment to the bill S. 728, to provide for the consideration and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; as follows:

       Strike section 2007 and insert the following:

     SEC. 2007. INDEPENDENT PEER REVIEW.

       (a) Definitions.--In this section:
       (1) Construction activities.--The term ``construction 
     activities'' means development of detailed engineering and 
     design specifications during the preconstruction engineering 
     and design phase and the engineering and design phase of a 
     water resources project carried out by the Corps of 
     Engineers, and other activities carried out on a water 
     resources project prior to completion of the construction and 
     to turning the project over to the local cost-share partner.
       (2) Project study.--The term ``project study'' means a 
     feasibility report, reevaluation report, or environmental 
     impact statement prepared by the Corps of Engineers.
       (b) Director of Independent Review.--The Secretary shall 
     appoint in the Office of

[[Page 15021]]

     the Secretary a Director of Independent Review. The Director 
     shall be selected from among individuals who are 
     distinguished experts in engineering, hydrology, biology, 
     economics, or another discipline related to water resources 
     management. The Secretary shall ensure, to the maximum extent 
     practicable, that the Director does not have a financial, 
     professional, or other conflict of interest with projects 
     subject to review. The Director of Independent Review shall 
     carry out the duties set forth in this section and such other 
     duties as the Secretary deems appropriate.
       (c) Sound Project Planning.--
       (1) Projects subject to planning review.--The Secretary 
     shall ensure that each project study for a water resources 
     project shall be reviewed by an independent panel of experts 
     established under this subsection if--
       (A) the project has an estimated total cost of more than 
     $40,000,000, including mitigation costs;
       (B) the Governor of a State in which the water resources 
     project is located in whole or in part, or the Governor of a 
     State within the drainage basin in which a water resources 
     project is located and that would be directly affected 
     economically or environmentally as a result of the project, 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project;
       (C) the head of a Federal agency with authority to review 
     the project determines that the project is likely to have a 
     significant adverse impact on public safety, or on 
     environmental, fish and wildlife, historical, cultural, or 
     other resources under the jurisdiction of the agency, and 
     requests in writing to the Secretary the establishment of an 
     independent panel of experts for the project; or
       (D) the Secretary determines on his or her own initiative, 
     or shall determine within 30 days of receipt of a written 
     request for a controversy determination by any party, that 
     the project is controversial because--
       (i) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (ii) there is a significant dispute regarding the economic, 
     or environmental costs or benefits of the project.
       (2) Project planning review panels.--
       (A) Project planning review panel membership.--For each 
     water resources project subject to review under this 
     subsection, the Director of Independent Review shall 
     establish a panel of independent experts that shall be 
     composed of not less than 5 nor more than 9 independent 
     experts (including at least 1 engineer, 1 hydrologist, 1 
     biologist, and 1 economist) who represent a range of areas of 
     expertise. The Director of Independent Review shall apply the 
     National Academy of Science's policy for selecting committee 
     members to ensure that members have no conflict with the 
     project being reviewed, and shall consult with the National 
     Academy of Sciences in developing lists of individuals to 
     serve on panels of experts under this subsection. An 
     individual serving on a panel under this subsection shall be 
     compensated at a rate of pay to be determined by the 
     Secretary, and shall be allowed travel expenses.
       (B) Duties of project planning review panels.--An 
     independent panel of experts established under this 
     subsection shall review the project study, receive from the 
     public written and oral comments concerning the project 
     study, and submit a written report to the Secretary that 
     shall contain the panel's conclusions and recommendations 
     regarding project study issues identified as significant by 
     the panel, including issues such as--
       (i) economic and environmental assumptions and projections;
       (ii) project evaluation data;
       (iii) economic or environmental analyses;
       (iv) engineering analyses;
       (v) formulation of alternative plans;
       (vi) methods for integrating risk and uncertainty;
       (vii) models used in evaluation of economic or 
     environmental impacts of proposed projects; and
       (viii) any related biological opinions.
       (C) Project planning review record.--
       (i) In general.--After receiving a report from an 
     independent panel of experts established under this 
     subsection, the Secretary shall take into consideration any 
     recommendations contained in the report and shall immediately 
     make the report available to the public on the internet.
       (ii) Recommendations.--The Secretary shall prepare a 
     written explanation of any recommendations of the independent 
     panel of experts established under this subsection not 
     adopted by the Secretary. Recommendations and findings of the 
     independent panel of experts rejected without good cause 
     shown, as determined by judicial review, shall be given equal 
     deference as the recommendations and findings of the 
     Secretary during a judicial proceeding relating to the water 
     resources project.
       (iii) Submission to congress and public availability.--The 
     report of the independent panel of experts established under 
     this subsection and the written explanation of the Secretary 
     required by clause (ii) shall be included with the report of 
     the Chief of Engineers to Congress, shall be published in the 
     Federal Register, and shall be made available to the public 
     on the Internet.
       (D) Deadlines for project planning reviews.--
       (i) In general.--Independent review of a project study 
     shall be completed prior to the completion of any Chief of 
     Engineers report for a specific water resources project.
       (ii) Deadline for project planning review panel studies.--
     An independent panel of experts established under this 
     subsection shall complete its review of the project study and 
     submit to the Secretary a report not later than 180 days 
     after the date of establishment of the panel, or not later 
     than 90 days after the close of the public comment period on 
     a draft project study that includes a preferred alternative, 
     whichever is later. The Secretary may extend these deadlines 
     for good cause.
       (iii) Failure to complete review and report.--If an 
     independent panel of experts established under this 
     subsection does not submit to the Secretary a report by the 
     deadline established by clause (ii), the Chief of Engineers 
     may continue project planning without delay.
       (iv) Duration of panels.--An independent panel of experts 
     established under this subsection shall terminate on the date 
     of submission of the report by the panel.
       (E) Effect on existing guidance.--The project planning 
     review required by this subsection shall be deemed to satisfy 
     any external review required by Engineering Circular 1105-2-
     408 (31 May 2005) on Peer Review of Decision Documents.
       (d) Safety Assurance.--
       (1) Projects subject to safety assurance review.--The 
     Secretary shall ensure that the construction activities for 
     any flood damage reduction project shall be reviewed by an 
     independent panel of experts established under this 
     subsection if the Director of Independent Review determines 
     that--
       (A) project performance is critical to the public health 
     and safety;
       (B) reliability of project performance under emergency 
     conditions is critical;
       (C) the project utilizes innovative materials or 
     techniques; or
       (D) the project design is lacking in redundancy, or the 
     project has a unique construction sequencing or a short or 
     overlapping design construction schedule.
       (2) Safety assurance review panels.--At the appropriate 
     point in the development of detailed engineering and design 
     specifications for each water resources project subject to 
     review under this subsection, the Director of Independent 
     Review shall establish an independent panel of experts to 
     review and report to the Secretary on the adequacy of 
     construction activities for the project. An independent panel 
     of experts under this subsection shall be composed of not 
     less than 5 nor more than 9 independent experts selected from 
     among individuals who are distinguished experts in 
     engineering, hydrology, or other pertinent disciplines. The 
     Director of Independent Review shall apply the National 
     Academy of Science's policy for selecting committee members 
     to ensure that panel members have no conflict with the 
     project being reviewed. An individual serving on a panel of 
     experts under this subsection shall be compensated at a rate 
     of pay to be determined by the Secretary, and shall be 
     allowed travel expenses.
       (3) Deadlines for safety assurance reviews.--An independent 
     panel of experts established under this subsection shall 
     submit a written report to the Secretary on the adequacy of 
     the construction activities prior to initiation of physical 
     construction and every two years thereafter until 
     construction activities are completed. The Director of 
     Independent Review may establish an alternate schedule if 
     such schedule would better serve the purposes of assuring 
     public safety, and upon written notification to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (4) Safety assurance review record.--After receiving a 
     written report from an independent panel of experts 
     established under this subsection, the Secretary shall take 
     into consideration any recommendations contained in the 
     report and shall immediately make the report available to the 
     public on the internet. The Secretary also shall submit the 
     report to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.
       (e) Expenses.--
       (1) In general.--The costs of an independent panel of 
     experts established under subsection (c) or (d) shall be a 
     Federal expense and shall not exceed--
       (A) $250,000, if the total cost of the project in current 
     year dollars is less than $50,000,000; and
       (B) 0.5 percent of the total cost of the project in current 
     year dollars, if the total cost is $50,000,000 or more.
       (2) Waiver.--The Secretary, at the written request of the 
     Director of Independent Review, may waive the cost 
     limitations under paragraph (1) if the Secretary determines 
     appropriate.
       (f) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.

[[Page 15022]]

       (g) Savings Clause.--Nothing in this section shall be 
     construed to affect any authority of the Secretary to cause 
     or conduct a peer review of the engineering, scientific, or 
     technical basis of any water resources project in existence 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 4682. Mr. INHOFE (for himself, Mr. Bond, Mr. Cochran, Mr. Thune, 
Mr. Domenici, Mr. Burns, Mr. Cornyn, and Mrs. Hutchison) proposed an 
amendment to the bill S. 728, to provide for the consideration and 
development of water and related resources, to authorize the Secretary 
of the Army to construct various projects for improvements to rivers 
and harbors of the United States, and for other purposes; as follows:

       Strike section 2007 and insert the following:

     SEC. 2007. INDEPENDENT REVIEWS.

       (a) Definitions.--In this section:
       (1) Affected state.--The term ``affected State'' means a 
     State in which a water resources project is located, in whole 
     or in part.
       (2) 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.
       (3) Project study.--
       (A) In general.--The term ``project study'' means a 
     feasibility study or reevaluation study for a project.
       (B) Inclusions.--The term ``project study'' includes any 
     other study associated with a modification or update of a 
     project that includes an environmental impact statement or an 
     environmental assessment.
       (b) Peer Reviews.--
       (1) Policy.--
       (A) In general.--Major engineering, scientific, and 
     technical work products related to Corps of Engineers 
     decisions and recommendations to Congress should be peer 
     reviewed.
       (B) Application.--This policy--
       (i) applies to peer review of the scientific, engineering, 
     or technical basis of the decision or recommendation; and
       (ii) does not apply to the decision or recommendation 
     itself.
       (2) Guidelines.--
       (A) In general.--Not later than the date that is 1 year 
     after the date of enactment of this Act, the Chief of 
     Engineers shall publish and implement guidelines to Corps of 
     Engineers Division and District Engineers for the use of peer 
     review (including independent peer review) of major 
     scientific, engineering, and technical work products that 
     support the recommendations of the Chief to Congress for 
     implementation of water resources projects.
       (B) Information quality act.--The guidelines shall be 
     consistent with section 515 of Public Law 106-554 (114 Stat. 
     2763A153) (commonly known as the ``Information Quality 
     Act''), as implemented in Office of Management and Budget, 
     Revised Information Quality Bulletin for Peer Review, dated 
     December 15, 2004.
       (C) Requirements.--The guidelines shall adhere to the 
     following requirements:
       (i) Application of peer review.--Peer review shall--

       (I) be applied only to the engineering, scientific, and 
     technical basis for recommendations; and
       (II) shall not be applied to--

       (aa) a specific recommendation; or
       (bb) the application of policy to recommendations.
       (ii) Projects subject to independent peer review.--

       (I) In general.--The Chief of Engineers shall ensure that 
     each project study for a water resources project is subject 
     to review by an independent panel of experts if--

       (aa) the project has an estimated total cost of more than 
     $100,000,000 (including mitigation costs); or
       (bb) the Secretary determines that the project is 
     controversial because--

       (AA) there is a significant dispute regarding the size, 
     nature, potential safety risks, or effects of the project; or
       (BB) there is a significant dispute regarding the economic 
     or environmental costs or benefits of the project.
       (II) Independent panels.--The Chief of Engineers may 
     consider whether to establish an independent panel of experts 
     to review a project study if--

       (aa) the Governor of an affected State submits to the 
     Secretary a written request for the establishment of an 
     independent panel of experts for the project; or
       (bb) the head of a Federal agency charged with reviewing 
     the project determines that the project is likely to have a 
     significant adverse impact on cultural, environmental, or 
     other resources under the jurisdiction of the agency and 
     submits to the Secretary a written request for the 
     establishment of an independent panel of experts for the 
     project.

       (III) Review of technical specifications and design.--The 
     Chief of Engineers shall establish an independent panel of 
     experts, at the appropriate point in project planning, to 
     review and provide written comments on the technical and 
     design specifications of the Corps of Engineers for any water 
     resources project--

       (aa) the performance of which is critical to the public 
     health, safety, and welfare;
       (bb) the reliability of performance under emergency 
     conditions of which is critical;
       (cc) that uses innovative materials or techniques; or
       (dd) in any case in which--

       (AA) the project design of which is lacking in redundancy; 
     or
       (BB) the project has a unique construction sequencing or a 
     short or overlapping design construction schedule.

       (iii) Analyses and evaluations in multiple project 
     studies.--Guidelines shall provide for conducting and 
     documenting peer review of major scientific, technical, or 
     engineering methods, models, procedures, or data that are 
     used for conducting analyses and evaluations in multiple 
     project studies.
       (iv) Inclusions.--Peer review applied to project studies 
     may include a review of--

       (I) the economic and environmental assumptions and 
     projections;
       (II) project evaluation data;
       (III) economic or environmental analyses;
       (IV) engineering analyses;
       (V) methods for integrating risk and uncertainty;
       (VI) models used in evaluation of economic or environmental 
     impacts of proposed projects; and
       (VII) any related biological opinions.

       (v) Exclusion.--Peer review applied to project studies 
     shall exclude a review of any methods, models, procedures, or 
     data previously subjected to peer review.
       (vi) Timing of review.--Peer review related to the 
     engineering, scientific, or technical basis of any project 
     study shall be completed prior to the completion of any Chief 
     of Engineers report for a specific water resources project.
       (vii) Delays; increased costs.--Peer reviews shall be 
     conducted in a manner that does not--

       (I) cause a delay in study completion; or
       (II) increase costs.

       (viii) Record of recommendations.--

       (I) In general.--After receiving a report from any peer 
     review panel, the Chief of Engineers shall prepare a record 
     that documents--

       (aa) any recommendations contained in the report; and
       (bb) any written response for any recommendation adopted or 
     not adopted and included in the study documentation.

       (II) Independent review record.--If the panel is an 
     independent peer review panel of a project study, the record 
     of the review shall be included with the report of the Chief 
     of Engineers to Congress.

       (ix) Independent panel of experts.--

       (I) In general.--Any independent panel of experts assembled 
     to review the engineering, science, or technical basis for 
     the recommendations of a specific project study shall--

       (aa) complete the peer review of the project study and 
     submit to the Chief of Engineers a report not later than 180 
     days after the date of establishment of the panel, or (if the 
     Chief of Engineers determines that a longer period of time is 
     necessary) at the time established by the Chief, but in no 
     event later than 90 days after the date a draft project study 
     of the District Engineer is made available for public review; 
     and
       (bb) terminate on the date of submission of the report by 
     the panel.

       (II) Failure to complete review and report.--If an 
     independent panel does not complete the peer review of a 
     project study and submit to the Chief of Engineers a report 
     by the deadline established under subclause (I), the Chief of 
     Engineers shall continue the project without delay.

       (3) Costs.--
       (A) In general.--The costs of a panel of experts 
     established for a peer review under this section--
       (i) shall be a Federal expense; and
       (ii) shall not exceed $500,000 for review of the 
     engineering, scientific, or technical basis for any single 
     water resources project study.
       (B) Waiver.--The Chief of Engineers may waive the $500,000 
     limitation under subparagraph (A) as the Chief of Engineers 
     determines appropriate.
       (4) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
       (5) Nonapplicability of faca.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to any peer 
     review panel established under this section.
       (6) Panel of experts.--The Chief of Engineers may contract 
     with the National Academy of Sciences (or a similar 
     independent scientific and technical advisory organization), 
     or an eligible organization, to establish a panel of experts 
     to peer review for technical and scientific sufficiency.
       (7) Savings clause.--Nothing in this section affects any 
     authority of the Secretary

[[Page 15023]]

     or the Chief of Engineers to cause or conduct a peer review 
     of the engineering, scientific, or technical basis of any 
     water resources project in existence on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 4683. Mr. INHOFE (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 728, to provide for the 
consideration and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       Strike section 2004 and insert the following:

     SEC. 2004. FISCAL TRANSPARENCY AND PRIORITIZATION REPORT.

       (a) In General.--On the third Tuesday of January of each 
     year beginning January 2008, 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 
     describing--
       (1) the expenditures of the Corps of Engineers for the 
     preceding fiscal year and estimated expenditures for the 
     current fiscal year; and
       (2) the extent to which each authorized project of the 
     Corps of Engineers meets the national priorities described in 
     subsection (b).
       (b) National Priorities.--
       (1) In general.--The national priorities referred to in 
     subsection (a)(2) are--
       (A) to reduce the risk of loss of human life and risk to 
     public safety;
       (B) to benefit the national economy;
       (C) to protect and enhance the environment; and
       (D) to promote the national defense.
       (2) Evaluation of projects.--
       (A) In general.--In evaluating the extent to which a 
     project of the Corps of Engineers meets the national 
     priorities under paragraph (1), the Chief of Engineers--
       (i) shall develop a relative rating system that is 
     appropriate for--

       (I) each project purpose; and
       (II) if applicable, multipurpose projects; and

       (ii) may include an evaluation of projects using additional 
     criteria or subcriteria, if the additional criteria or 
     subcriteria are--

       (I) clearly explained; and
       (II) consistent with the method of evaluating the extent to 
     which a project meets the national priorities under this 
     paragraph.

       (B) Factors.--The Chief of Engineers shall establish such 
     factors, and assign to the factors such priority, as the 
     Chief of Engineers determines to be appropriate to evaluate 
     the extent to which a project meets the national priorities.
       (C) Consideration.--In establishing factors under 
     subparagraph (B), the Chief of Engineers may consider--
       (i) for evaluating the reduction in the risk of loss of 
     human life and risk to public safety of a project--

       (I) the human population protected by the project;
       (II) current levels of protection of human life under the 
     project; and
       (III) the risk of loss of human life and risk to public 
     safety if the project is not completed, taking into 
     consideration the existence and probability of success of 
     evacuation plans relating to the project, as determined by 
     the Director of the Federal Emergency Management Agency;

       (ii) for evaluating the benefit of a project to the 
     national economy--

       (I) the benefit-cost ratio, and the remaining benefit-
     remaining cost ratio, of the project;
       (II) the availability and cost of alternate transportation 
     methods relating to the project;
       (III) any applicable financial risk to a non-Federal 
     sponsor of the project;
       (IV) the costs to State, regional, and local entities of 
     project termination;
       (V) any contribution of the project with respect to 
     international competitiveness; and
       (VI) the extent to which the project is integrated with, 
     and complementary to, other Federal, State, and local 
     government programs, projects, and objectives within the 
     project area;

       (iii) for evaluating the extent to which a project protects 
     or enhances the environment--

       (I) for ecosystem restoration projects and mitigation plans 
     associated with other project purposes--

       (aa) the extent to which the project or plan restores the 
     natural hydrologic processes of an aquatic habitat;
       (bb) the significance of the resource to be protected or 
     restored by the project or plan;
       (cc) the extent to which the project or plan is self-
     sustaining; and
       (dd) the cost-effectiveness of the project or plan; and

       (II) the pollution reduction benefits associated with using 
     water as a method of transportation of goods; and

       (iv) for evaluating the extent to which a project promotes 
     the national defense--

       (I) the effect of the project relating to a strategic port 
     designation; and
       (II) the reduction of dependence on foreign oil associated 
     with using water as a method of transportation of goods.

       (c) Contents.--In addition to the information described in 
     subsections (a) and (b), the report shall contain a detailed 
     accounting of the following information:
       (1) With respect to general construction, information on--
       (A) projects currently under construction, including--
       (i) allocations to date;
       (ii) the number of years remaining to complete 
     construction;
       (iii) the estimated annual Federal cost to maintain that 
     construction schedule; and
       (iv) a list of projects the Corps of Engineers expects to 
     complete during the current fiscal year; and
       (B) projects for which there is a signed cost-sharing 
     agreement and completed planning, engineering, and design, 
     including--
       (i) the number of years the project is expected to require 
     for completion; and
       (ii) estimated annual Federal cost to maintain that 
     construction schedule.
       (2) With respect to operation and maintenance of the inland 
     and intracoastal waterways under section 206 of Public Law 
     95-502 (33 U.S.C. 1804)--
       (A) the estimated annual cost to maintain each waterway for 
     the authorized reach and at the authorized depth; and
       (B) the estimated annual cost of operation and maintenance 
     of locks and dams to ensure navigation without interruption.
       (3) With respect to general investigations and 
     reconnaissance and feasibility studies--
       (A) the number of active studies;
       (B) the number of completed studies not yet authorized for 
     construction;
       (C) the number of initiated studies; and
       (D) the number of studies expected to be completed during 
     the fiscal year.
       (4) Funding received and estimates of funds to be received 
     for interagency and international support activities under 
     section 318(a) of the Water Resources Development Act of 1990 
     (33 U.S.C. 2323(a)).
       (5) Recreation fees and lease payments.
       (6) Hydropower and water storage fees.
       (7) Deposits into the Inland Waterway Trust Fund and the 
     Harbor Maintenance Trust Fund.
       (8) Other revenues and fees collected.
       (9) With respect to permit applications and notifications, 
     a list of individual permit applications and nationwide 
     permit notifications, including--
       (A) the date on which each permit application is filed;
       (B) the date on which each permit application is determined 
     to be complete; and
       (C) the date on which the Corps of Engineers grants, 
     withdraws, or denies each permit.
       (10) With respect to the project backlog, a list of 
     authorized projects for which no funds have been allocated 
     for the 5 preceding fiscal years, including, for each 
     project--
       (A) the authorization date;
       (B) the last allocation date;
       (C) the percentage of construction completed;
       (D) the estimated cost remaining until completion of the 
     project; and
       (E) a brief explanation of the reasons for the delay.
                                 ______
                                 
  SA 4684. Mr. McCAIN (for himself, Mr. Feingold, and Mr. Lieberman) 
proposed an amendment to the bill S. 728, to provide for the 
consideration and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; as follows:

       On page 76 between lines 20 and 21, insert the following:

     SEC. 2007. WATER RESOURCES CONSTRUCTION PROJECT 
                   PRIORITIZATION REPORT.

       (a) Prioritization Report.--
       (1) In general.--On the third Tuesday of January of each 
     year beginning January 2007, the Water Resources Planning 
     Coordinating Committee established under section 2006(a) 
     (referred to in this section as the ``Coordinating 
     Committee'') shall submit to the Committees on Environment 
     and Public Works and Appropriations of the Senate, the 
     Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives, and the 
     Office of Management and Budget, and make available to the 
     public on the Internet, a prioritization report describing 
     Corps of Engineers water resources projects authorized for 
     construction.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include, at a minimum, a description of--
       (A) each water resources project included in the fiscal 
     transparency report under section 2004(b)(1);
       (B) each water resources project authorized for 
     construction--
       (i) on or after the date of enactment of this Act; or
       (ii) during the 10-year period ending on the date of 
     enactment of this Act; and
       (C) other water resources projects authorized for 
     construction, as the Coordinating Committee and the Secretary 
     determine to be appropriate.

[[Page 15024]]

       (3) Prioritization requirements.--
       (A) In general.--Each project described in a report under 
     paragraph (1) shall--
       (i) be categorized by project type; and
       (ii) be classified into a tier system of descending 
     priority, to be established by the Coordinating Committee, in 
     cooperation with the Secretary, in a manner that reflects the 
     extent to which the project achieves national priority 
     criteria established under subsection (b).
       (B) Multipurpose projects.--Each multipurpose project 
     described in a report under paragraph (1) shall--
       (i) be classified by the project type that best represents 
     the primary project purpose, as determined by the 
     Coordinating Committee; and
       (ii) be classified into the tier system described in 
     subparagraph (A)(ii) within that project type.
       (C) Tier system requirements.--In establishing a tier 
     system under subparagraph (A)(ii), the Secretary shall ensure 
     that--
       (i) each tier is limited to $5,000,000,000 in total 
     authorized project costs; and
       (ii) includes not more than 100 projects.
       (4) Requirement.--In preparing reports under paragraph (1), 
     the Coordinating Committee shall balance, to the maximum 
     extent practicable--
       (A) stability in project prioritization between reports; 
     and
       (B) recognition of newly-authorized construction projects 
     and changing needs of the United States.
       (b) National Priority Criteria.--
       (1) In general.--In preparing a report under subsection 
     (a), the Coordinating Committee shall prioritize water 
     resources construction projects within the applicable 
     category based on an assessment by the Coordinating Committee 
     of the following criteria:
       (A) For flood and storm damage reduction projects, the 
     extent to which the project--
       (i) addresses critical flood damage reduction needs of the 
     United States, including by reducing the risks to loss of 
     life by considering current protection levels; and
       (ii) avoids increasing risks to human life or damages to 
     property in the case of large flood events, avoids adverse 
     environmental impacts, or produces environmental benefits.
       (B) For navigation projects, the extent to which the 
     project--
       (i) addresses priority navigation needs of the United 
     States, including by having a high probability of producing 
     the economic benefits projected with respect to the project 
     and reflecting regional planning needs, as applicable; and
       (ii) avoids adverse environmental impacts.
       (C) For environmental restoration projects, the extent to 
     which the project--
       (i) addresses priority environmental restoration needs of 
     the United States, including by restoring the natural 
     hydrologic processes and spatial extent of an aquatic habitat 
     while being, to the maximum extent practicable, self-
     sustaining; and
       (ii) is cost-effective or produces economic benefits.
       (2) Benefit-to-cost ratios.--In prioritizing water 
     resources projects under subsection (a)(3) that require 
     benefit-to-cost ratios for inclusion in a report under 
     subsection (a)(1), the Coordinating Committee shall assess 
     and take into consideration the benefit-to-cost ratio and the 
     remaining benefit-to-cost ratio of each project.
       (3) Factors for consideration.--In preparing reports under 
     subsection (a)(1), the Coordinating Committee may take into 
     consideration any additional criteria or subcriteria, if the 
     criteria or subcriteria are fully explained in the report.
       (4) State prioritization determinations.--The Coordinating 
     Committee shall establish a process by which each State may 
     submit to the Coordinating Committee for consideration in 
     carrying out this subsection any prioritization determination 
     of the State with respect to a water resources project in the 
     State.
       (c) Recommendations.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Coordinating Committee shall 
     submit to Congress proposed recommendations with respect to--
       (A) a process to prioritize water resources projects across 
     project type;
       (B) a process to prioritize ongoing operational activities 
     carried out by the Corps of Engineers;
       (C) a process to address in the prioritization process 
     recreation and other ancillary benefits resulting from the 
     construction of Corps of Engineers projects; and
       (D) potential improvements to the prioritization process 
     established under this section.
       (2) Contracts with other entities.--The Coordinating 
     Committee may offer to enter into a contract with the 
     National Academy of Public Administration or any similar 
     entity to assist in developing recommendations under this 
     subsection.

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