; (C) are sited, designed, and operated in a manner that maintains indigenous marine life and a healthy and diverse marine community; (D) do not cause significant unmitigated harm to aquatic life; and (E) include a construction and operation plan designed to minimize loss of coastal habitat as well as aesthetic, noise, and air quality impacts. . 4. Recommendations to Congress In determining project recommendations to Congress under section 4(a)(2)(F)(ii)(II) of the Water Desalination Act of 1996, the Commissioner of Reclamation shall establish a priority scoring system that assigns priority scores to each project evaluated based on the prioritization criteria of section 4(c) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ).