H. R. 1424—138 
‘‘(5)(A) Expected outcomes, including how the project will 
meet or exceed desired ecological conditions, maintenance objec-
tives, or stewardship objectives. 
‘‘(B) An estimate of the amount of any timber, forage, 
and other commodities and other economic activity, including 
jobs generated, if any, anticipated as part of the project. 
‘‘(6) A detailed monitoring plan, including funding needs 
and sources, that— 
‘‘(A) tracks and identifies the positive or negative 
impacts of the project, implementation, and provides for 
validation monitoring; and 
‘‘(B) includes an assessment of the following: 
‘‘(i) Whether or not the project met or exceeded 
desired ecological conditions; created local employment 
or training opportunities, including summer youth jobs 
programs such as the Youth Conservation Corps where 
appropriate. 
‘‘(ii) Whether the project improved the use of, or 
added value to, any products removed from land con-
sistent with the purposes of this title. 
‘‘(7) An assessment that the project is to be in the public 
interest. 
‘‘(c) AUTHORIZED
PROJECTS.—Projects proposed under sub-
section (a) shall be consistent with section 2. 
‘‘SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY 
CONCERNED. 
‘‘(a) CONDITIONS FOR APPROVAL OF PROPOSED PROJECT.—The 
Secretary concerned may make a decision to approve a project 
submitted by a resource advisory committee under section 203 
only if the proposed project satisfies each of the following conditions: 
‘‘(1) The project complies with all applicable Federal laws 
(including regulations). 
‘‘(2) The project is consistent with the applicable resource 
management plan and with any watershed or subsequent plan 
developed pursuant to the resource management plan and 
approved by the Secretary concerned. 
‘‘(3) The project has been approved by the resource advisory 
committee in accordance with section 205, including the proce-
dures issued under subsection (e) of that section. 
‘‘(4) A project description has been submitted by the 
resource advisory committee to the Secretary concerned in 
accordance with section 203. 
‘‘(5) The project will improve the maintenance of existing 
infrastructure, implement stewardship objectives that enhance 
forest ecosystems, and restore and improve land health and 
water quality. 
‘‘(b) ENVIRONMENTAL REVIEWS.— 
‘‘(1) REQUEST
FOR
PAYMENT
BY
COUNTY.—The Secretary 
concerned may request the resource advisory committee submit-
ting a proposed project to agree to the use of project funds 
to pay for any environmental review, consultation, or compli-
ance with applicable environmental laws required in connection 
with the project. 
‘‘(2) CONDUCT OF ENVIRONMENTAL REVIEW.—If a payment 
is requested under paragraph (1) and the resource advisory 
committee agrees to the expenditure of funds for this purpose,
H. R. 1424—139 
the Secretary concerned shall conduct environmental review, 
consultation, or other compliance responsibilities in accordance 
with Federal laws (including regulations). 
‘‘(3) EFFECT OF REFUSAL TO PAY.— 
‘‘(A) IN GENERAL.—If a resource advisory committee 
does not agree to the expenditure of funds under paragraph 
(1), the project shall be deemed withdrawn from further 
consideration by the Secretary concerned pursuant to this 
title. 
‘‘(B) EFFECT
OF
WITHDRAWAL.—A withdrawal under 
subparagraph (A) shall be deemed to be a rejection of 
the project for purposes of section 207(c). 
‘‘(c) DECISIONS OF SECRETARY CONCERNED.— 
‘‘(1) REJECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—A decision by the Secretary con-
cerned to reject a proposed project shall be at the sole 
discretion of the Secretary concerned. 
‘‘(B) NO ADMINISTRATIVE APPEAL OR JUDICIAL REVIEW.— 
Notwithstanding any other provision of law, a decision 
by the Secretary concerned to reject a proposed project 
shall not be subject to administrative appeal or judicial 
review. 
‘‘(C) NOTICE OF REJECTION.—Not later than 30 days 
after the date on which the Secretary concerned makes 
the rejection decision, the Secretary concerned shall notify 
in writing the resource advisory committee that submitted 
the proposed project of the rejection and the reasons for 
rejection. 
‘‘(2) NOTICE
OF
PROJECT
APPROVAL.—The Secretary con-
cerned shall publish in the Federal Register notice of each 
project approved under subsection (a) if the notice would be 
required had the project originated with the Secretary. 
‘‘(d) SOURCE AND CONDUCT OF PROJECT.—Once the Secretary 
concerned accepts a project for review under section 203, the accept-
ance shall be deemed a Federal action for all purposes. 
‘‘(e) IMPLEMENTATION OF APPROVED PROJECTS.— 
‘‘(1) COOPERATION.—Notwithstanding chapter 63 of title 31, 
United States Code, using project funds the Secretary concerned 
may enter into contracts, grants, and cooperative agreements 
with States and local governments, private and nonprofit enti-
ties, and landowners and other persons to assist the Secretary 
in carrying out an approved project. 
‘‘(2) BEST VALUE CONTRACTING.— 
‘‘(A) IN GENERAL.—For any project involving a contract 
authorized by paragraph (1) the Secretary concerned may 
elect a source for performance of the contract on a best 
value basis. 
‘‘(B) FACTORS.—The Secretary concerned shall deter-
mine best value based on such factors as— 
‘‘(i) the technical demands and complexity of the 
work to be done; 
‘‘(ii)(I) the ecological objectives of the project; and 
‘‘(II) the sensitivity of the resources being treated; 
‘‘(iii) the past experience by the contractor with 
the type of work being done, using the type of equip-
ment proposed for the project, and meeting or 
exceeding desired ecological conditions; and
H. R. 1424—140 
‘‘(iv) the commitment of the contractor to hiring 
highly qualified workers and local residents. 
‘‘(3) MERCHANTABLE
TIMBER
CONTRACTING
PILOT
PRO-
GRAM.— 
‘‘(A) ESTABLISHMENT.—The Secretary concerned shall 
establish a pilot program to implement a certain percentage 
of approved projects involving the sale of merchantable 
timber using separate contracts for— 
‘‘(i) the harvesting or collection of merchantable 
timber; and 
‘‘(ii) the sale of the timber. 
‘‘(B) ANNUAL PERCENTAGES.—Under the pilot program, 
the Secretary concerned shall ensure that, on a nationwide 
basis, not less than the following percentage of all approved 
projects involving the sale of merchantable timber are 
implemented using separate contracts: 
‘‘(i) For fiscal year 2008, 35 percent. 
‘‘(ii) For fiscal year 2009, 45 percent. 
‘‘(iii) For each of fiscal years 2010 and 2011, 50 
percent. 
‘‘(C) INCLUSION
IN
PILOT
PROGRAM.—The decision 
whether to use separate contracts to implement a project 
involving the sale of merchantable timber shall be made 
by the Secretary concerned after the approval of the project 
under this title. 
‘‘(D) ASSISTANCE.— 
‘‘(i) IN GENERAL.—The Secretary concerned may 
use funds from any appropriated account available to 
the Secretary for the Federal land to assist in the 
administration of projects conducted under the pilot 
program. 
‘‘(ii) MAXIMUM AMOUNT OF ASSISTANCE.—The total 
amount obligated under this subparagraph may not 
exceed $1,000,000 for any fiscal year during which 
the pilot program is in effect. 
‘‘(E) REVIEW AND REPORT.— 
‘‘(i) INITIAL
REPORT.—Not later than September 
30, 2010, the Comptroller General shall submit to the 
Committees on Agriculture, Nutrition, and Forestry 
and Energy and Natural Resources of the Senate and 
the Committees on Agriculture and Natural Resources 
of the House of Representatives a report assessing 
the pilot program. 
‘‘(ii) ANNUAL
REPORT.—The Secretary concerned 
shall submit to the Committees on Agriculture, Nutri-
tion, and Forestry and Energy and Natural Resources 
of the Senate and the Committees on Agriculture and 
Natural Resources of the House of Representatives 
an annual report describing the results of the pilot 
program. 
‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.—The Secretary shall 
ensure that at least 50 percent of all project funds be used for 
projects that are primarily dedicated— 
‘‘(1) to road maintenance, decommissioning, or obliteration; 
or 
‘‘(2) to restoration of streams and watersheds.
H. R. 1424—141 
‘‘SEC. 205. RESOURCE ADVISORY COMMITTEES. 
‘‘(a) ESTABLISHMENT
AND PURPOSE
OF RESOURCE ADVISORY 
COMMITTEES.— 
‘‘(1) ESTABLISHMENT.—The Secretary concerned shall estab-
lish and maintain resource advisory committees to perform 
the duties in subsection (b), except as provided in paragraph 
(4). 
‘‘(2) PURPOSE.—The purpose of a resource advisory com-
mittee shall be— 
‘‘(A) to improve collaborative relationships; and 
‘‘(B) to provide advice and recommendations to the 
land management agencies consistent with the purposes 
of this title. 
‘‘(3) ACCESS
TO
RESOURCE
ADVISORY
COMMITTEES.—To 
ensure that each unit of Federal land has access to a resource 
advisory committee, and that there is sufficient interest in 
participation on a committee to ensure that membership can 
be balanced in terms of the points of view represented and 
the functions to be performed, the Secretary concerned may, 
establish resource advisory committees for part of, or 1 or 
more, units of Federal land. 
‘‘(4) EXISTING ADVISORY COMMITTEES.— 
‘‘(A) IN GENERAL.—An advisory committee that meets 
the requirements of this section, a resource advisory com-
mittee established before September 29, 2006, or an 
advisory committee determined by the Secretary concerned 
before September 29, 2006, to meet the requirements of 
this section may be deemed by the Secretary concerned 
to be a resource advisory committee for the purposes of 
this title. 
‘‘(B) CHARTER.—A charter for a committee described 
in subparagraph (A) that was filed on or before September 
29, 2006, shall be considered to be filed for purposes of 
this Act. 
‘‘(C) BUREAU OF LAND MANAGEMENT ADVISORY COMMIT-
TEES.—The Secretary of the Interior may deem a resource 
advisory committee meeting the requirements of subpart 
1784 of part 1780 of title 43, Code of Federal Regulations, 
as a resource advisory committee for the purposes of this 
title. 
‘‘(b) DUTIES.—A resource advisory committee shall— 
‘‘(1) review projects proposed under this title by partici-
pating counties and other persons; 
‘‘(2) propose projects and funding to the Secretary concerned 
under section 203; 
‘‘(3) provide early and continuous coordination with appro-
priate land management agency officials in recommending 
projects consistent with purposes of this Act under this title; 
‘‘(4) provide frequent opportunities for citizens, organiza-
tions, tribes, land management agencies, and other interested 
parties to participate openly and meaningfully, beginning at 
the early stages of the project development process under this 
title; 
‘‘(5)(A) monitor projects that have been approved under 
section 204; and 
‘‘(B) advise the designated Federal official on the progress 
of the monitoring efforts under subparagraph (A); and
H. R. 1424—142 
‘‘(6) make recommendations to the Secretary concerned for 
any appropriate changes or adjustments to the projects being 
monitored by the resource advisory committee. 
‘‘(c) APPOINTMENT BY THE SECRETARY.— 
‘‘(1) APPOINTMENT AND TERM.— 
‘‘(A) IN
GENERAL.—The Secretary concerned, shall 
appoint the members of resource advisory committees for 
a term of 4 years beginning on the date of appointment. 
‘‘(B) REAPPOINTMENT.—The Secretary concerned may 
reappoint members to subsequent 4-year terms. 
‘‘(2) BASIC REQUIREMENTS.—The Secretary concerned shall 
ensure that each resource advisory committee established meets 
the requirements of subsection (d). 
‘‘(3) INITIAL APPOINTMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary concerned 
shall make initial appointments to the resource advisory 
committees. 
‘‘(4) VACANCIES.—The Secretary concerned shall make 
appointments to fill vacancies on any resource advisory com-
mittee as soon as practicable after the vacancy has occurred. 
‘‘(5) COMPENSATION.—Members of the resource advisory 
committees shall not receive any compensation. 
‘‘(d) COMPOSITION OF ADVISORY COMMITTEE.— 
‘‘(1) NUMBER.—Each resource advisory committee shall be 
comprised of 15 members. 
‘‘(2) COMMUNITY
INTERESTS
REPRESENTED.—Committee 
members shall be representative of the interests of the following 
3 categories: 
‘‘(A) 5 persons that— 
‘‘(i) represent organized labor or non-timber forest 
product harvester groups; 
‘‘(ii) represent developed outdoor recreation, off 
highway vehicle users, or commercial recreation activi-
ties; 
‘‘(iii) represent— 
‘‘(I) energy and mineral development interests; 
or 
‘‘(II) 
commercial 
or 
recreational 
fishing 
interests; 
‘‘(iv) represent the commercial timber industry; or 
‘‘(v) hold Federal grazing or other land use permits, 
or represent nonindustrial private forest land owners, 
within the area for which the committee is organized. 
‘‘(B) 5 persons that represent— 
‘‘(i) nationally recognized environmental organiza-
tions; 
‘‘(ii) regionally or locally recognized environmental 
organizations; 
‘‘(iii) dispersed recreational activities; 
‘‘(iv) archaeological and historical interests; or 
‘‘(v) nationally or regionally recognized wild horse 
and burro interest groups, wildlife or hunting organiza-
tions, or watershed associations. 
‘‘(C) 5 persons that— 
‘‘(i) hold State elected office (or a designee); 
‘‘(ii) hold county or local elected office;
H. R. 1424—143 
‘‘(iii) represent American Indian tribes within or 
adjacent to the area for which the committee is orga-
nized; 
‘‘(iv) are school officials or teachers; or 
‘‘(v) represent the affected public at large. 
‘‘(3) BALANCED REPRESENTATION.—In appointing committee 
members from the 3 categories in paragraph (2), the Secretary 
concerned shall provide for balanced and broad representation 
from within each category. 
‘‘(4) GEOGRAPHIC
DISTRIBUTION.—The members of a 
resource advisory committee shall reside within the State in 
which the committee has jurisdiction and, to extent practicable, 
the Secretary concerned shall ensure local representation in 
each category in paragraph (2). 
‘‘(5) CHAIRPERSON.—A majority on each resource advisory 
committee shall select the chairperson of the committee. 
‘‘(e) APPROVAL PROCEDURES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), each resource 
advisory committee shall establish procedures for proposing 
projects to the Secretary concerned under this title. 
‘‘(2) QUORUM.—A quorum must be present to constitute 
an official meeting of the committee. 
‘‘(3) APPROVAL BY MAJORITY OF MEMBERS.—A project may 
be proposed by a resource advisory committee to the Secretary 
concerned under section 203(a), if the project has been approved 
by a majority of members of the committee from each of the 
3 categories in subsection (d)(2). 
‘‘(f) OTHER COMMITTEE AUTHORITIES AND REQUIREMENTS.— 
‘‘(1) STAFF
ASSISTANCE.—A resource advisory committee 
may submit to the Secretary concerned a request for periodic 
staff assistance from Federal employees under the jurisdiction 
of the Secretary. 
‘‘(2) MEETINGS.—All meetings of a resource advisory com-
mittee shall be announced at least 1 week in advance in a 
local newspaper of record and shall be open to the public. 
‘‘(3) RECORDS.—A resource advisory committee shall main-
tain records of the meetings of the committee and make the 
records available for public inspection. 
‘‘SEC. 206. USE OF PROJECT FUNDS. 
‘‘(a) 
AGREEMENT
REGARDING
SCHEDULE
AND
COST
OF 
PROJECT.— 
‘‘(1) AGREEMENT
BETWEEN
PARTIES.—The Secretary con-
cerned may carry out a project submitted by a resource advisory 
committee under section 203(a) using project funds or other 
funds described in section 203(a)(2), if, as soon as practicable 
after the issuance of a decision document for the project and 
the exhaustion of all administrative appeals and judicial review 
of the project decision, the Secretary concerned and the resource 
advisory committee enter into an agreement addressing, at 
a minimum, the following: 
‘‘(A) The schedule for completing the project. 
‘‘(B) The total cost of the project, including the level 
of agency overhead to be assessed against the project. 
‘‘(C) For a multiyear project, the estimated cost of 
the project for each of the fiscal years in which it will 
be carried out.