(5) The term ‘‘Secretary’’ means the Secretary 
of Agriculture, acting through the Chief of the For-
est Service. 
SEC. 3. CHARTER FOREST DEMONSTRATION PROJECT FOR 
NATIONAL FOREST SYSTEM LANDS IN COLO-
RADO. 
(a) DEMONSTRATION
PROJECT
REQUIRED.—The 
Secretary of Agriculture, acting through the Chief of the 
Forest Service, shall conduct a demonstration project for 
National Forest System lands in the State of Colorado for 
the purpose of increasing community involvement in deci-
sionmaking regarding the management of the covered Na-
tional Forest System lands and evaluating various meth-
ods, described in this Act, to improve the management and 
health of the covered National Forest System lands. The 
demonstration project shall be known as the ‘‘Charter 
Forest demonstration project’’. 
(b) 
COMMENCEMENT
OF
DEMONSTRATION 
PROJECT.—The Secretary shall commence the demonstra-
tion project as soon as practicable after the submission 
of the initial report of the independent scientific panel 
under section 4. 
(c) DURATION.—The Secretary shall terminate the 
demonstration project at the end of the 10-year period be-
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ginning on the date the demonstration project is com-
menced under subsection (b). 
(d) RELATION TO OTHER NATIONAL FOREST SYS-
TEM LAWS.—Except as provided in this Act, during the 
term of the demonstration project, the Secretary shall con-
tinue to manage the covered National Forest System lands 
under all of the laws and regulations governing occupancy, 
use, and management of the National Forest System. 
SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONI-
TORING. 
(a) REVIEW
OF ECOLOGICAL, SOCIAL, AND ECO-
NOMIC SUSTAINABILITY.— 
(1) INITIAL REVIEW.—The Secretary shall as-
semble an independent scientific panel to conduct an 
assessment, using accepted measures and indicators, 
of the ecological, social, and economic sustainability 
of the covered National Forest System lands, taking 
into consideration such factors as forest health, sus-
ceptibility to catastrophic fire, susceptibility to insect 
infestation, biological diversity, and economic pro-
ductivity of the covered National Forest System 
lands. 
(2) SUBMISSION OF RESULTS.—Not later than 
one year after the date of the enactment of this Act, 
the panel shall submit to the Secretary and Congress 
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a report containing the results of the assessment 
conducted under this subsection. 
(b) SUBSEQUENT MONITORING OF DEMONSTRATION 
PROJECT.— 
(1) MONITORING PLAN.—The panel shall pre-
pare a monitoring plan to be used to track the im-
plementation of the charter forest demonstration 
project. 
(2) REVISED REVIEW.—At the end of the first 
five years of the demonstration project and upon the 
completion of the demonstration project, the panel 
shall revise the assessment conducted under sub-
section (a) and resubmit it to the Secretary and to 
Congress. 
(3) EFFECTS
OF
CHARTER
PROJECT.—Using 
the information collected from the monitoring plan, 
the panel shall include in each revised assessment an 
evaluation of the positive and negative impacts of 
the demonstration project on changes in the ecologi-
cal, social, and economic sustainability and suscepti-
bility to insect infestation and catastrophic wildfire 
of the covered National Forest System lands. 
SEC. 5. COMMUNITY MANAGEMENT COUNCIL. 
(a) ESTABLISHMENT
AND PURPOSES.—The Sec-
retary shall establish a community management council as 
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part of the charter forest demonstration project for the 
purpose of— 
(1) advising the Secretary and the supervisor of 
the covered National Forest System lands on the 
broad array of environmental, economic, and social 
issues related to the management, occupancy, and 
use of the covered National Forest System lands; 
(2) assisting in the development of binding pri-
orities for management activities, including haz-
ardous fuels reduction, watershed protection, dis-
ease, insect and invasive species treatment and con-
trol; and 
(3) assisting the Secretary in the development 
of the ‘‘charter’’ and consideration of proposed 
projects and activities under section 6. 
(b) APPOINTMENT
AND MEMBERS.—The council 
shall consist of 13 members, appointed by the Secretary 
as follows: 
(1) Five members appointed from nominations 
provided by the Governor of Colorado. 
(2) Four members appointed from nominations 
provided by the senior Senator from Colorado. 
(3) Four members appointed from nominations 
provided by the junior Senator from Colorado. 
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(c) QUALIFICATIONS.—The members of the council 
should be appointed from communities in close proximity 
to the covered National Forest System lands and rep-
resent a broad range of interests, including conservation 
interests, forestry experts, commodity and forest products 
interests, experts in the field of energy development, and 
the interests of county and municipal governments in the 
area. Members should have a demonstrated ability to con-
structively work toward beneficial solutions with a diverse 
range of interests on complex land management issues. 
(d) REGIONAL FORESTER.—The Forest Service Re-
gional Forester responsible for Colorado shall serve as an 
ex officio member of the council. 
(e) VACANCIES.—Vacancies on the council shall be 
filled in the same manner as the original appointment. 
(f) COMPENSATION.—Members of the council who are 
not Federal employees shall serve without compensation. 
(g) OTHER COUNCIL AUTHORITIES AND REQUIRE-
MENTS.— 
(1) STAFF ASSISTANCE.—The council may re-
quest the Secretary to provide staff assistance to the 
council from Federal employees under the jurisdic-
tion of the Secretary. 
(2) MEETINGS.—All meetings of the council 
shall be announced at least one week in advance in 
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a local newspaper of record and shall be open to the 
public. 
(3) RECORDS.—The council shall maintain 
records of the meetings of the council and make the 
records available for public inspection. 
(4) RELATION TO OTHER LAW.—The council 
shall be exempt from the provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.). 
SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY 
ACT OF 1969. 
(a) CHARTER.— 
(1) PREPARATION.—Not later than 60 days 
after the appointment of all of the members to the 
community management council, the Secretary shall 
begin to develop a ‘‘Charter’’ for the covered Na-
tional Forest System lands, notwithstanding the re-
quirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(2) ROLE OF COUNCIL.—The Secretary shall 
prepare the Charter and any amendment thereto, 
with the advice and cooperation of the council. 
(b) CONTENT.—The Charter for the demonstration 
project shall address the following: 
(1) Land and resource management goals and 
objectives for the covered National Forest System 
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lands, including desired landscape conditions and 
management outcomes and outputs, to be realized 
during the term of the demonstration project, and at 
various intervals thereof. 
(2) Standards and guidelines for achieving the 
land and resource management goals and objectives. 
(3) A monitoring plan to ensure that project 
level activities are consistent with the land and re-
source management goals and objectives and related 
standards and guidelines. 
(c) LEGAL REQUIREMENTS.—Upon establishment, 
the Secretary shall carry out only those projects and ac-
tivities on the covered National Forest System lands that 
are consistent with the requirements of this Act and the 
Charter. 
(d) ADOPTION.—The Charter shall be considered as 
operative upon the approval of the Secretary and the ma-
jority of the members of the council. 
(e) EFFECT OF ADOPTION.— 
(1) CONSISTENT PROJECTS AND ACTIVITIES.— 
If the Secretary determines that a proposed project 
or activity under the demonstration project is con-
sistent with the requirements of this Act and the 
Charter, the Secretary shall not be required to do 
additional analysis under the National Environ-
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mental Policy Act of 1969 with regard to the project 
or activity notwithstanding other regulations, poli-
cies, and other administrative directives. 
(2) INCONSISTENT
PROJECTS
AND
ACTIVI-
TIES.—If the Secretary determines that a proposed 
project or activity under the demonstration project is 
not consistent with the requirements of this Act and 
the Charter, the Secretary may not approve the pro-
posed project or activity unless— 
(A) the project or activity is revised so as 
to be compatible with the Charter; or 
(B) the Charter is amended, by the Sec-
retary and a majority of the members of the 
council, so that the project or activity is com-
patible with the charter. 
(f) CHALLENGE.— 
(1) AUTHORITY TO FILE.—If an individual or 
entity that meets the standing requirements nec-
essary to challenge a determination of the Secretary 
under subsection (e) disagrees with the Secretary’s 
determination regarding the compatibility of a 
project or activity with the Charter, the person may 
file a predecisional objection under section 7 with 
the Secretary. 
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(2) RESPONSE.—If the Secretary, after con-
sultation with the council, agrees with the appellant 
that the project or activity is not compatible with 
the Charter, the Secretary may not conduct the 
project or activity unless— 
(A) the project or activity is revised, as 
provided in subsection (e)(2)(A); or 
(B) the Charter is amended, as provided in 
subsection (e)(2)(B). 
SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEM-
ONSTRATION PROJECT. 
(a) IN GENERAL.—The Secretary shall promulgate 
rules to establish a predecisional review process that would 
be used during the term of Charter forest demonstration 
project in connection with site-specific projects for the cov-
ered National Forest System lands. 
(b) REQUIRED ELEMENTS OF PREDECISIONAL RE-
VIEW.— 
(1) NOTICE.—The rules required by subsection 
(a) shall provide for notice of a proposed decision 
and an opportunity to request review before a final 
decision on a site-specific project is made. 
(2) RIGHT TO REQUEST A PREDECISIONAL RE-
VIEW.—For a period not to exceed 30 days from the 
date notice is provided pursuant to paragraph (1), 
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review of a proposed decision may be requested by 
any individual or entity, but only if the individual or 
entity is resident or domiciled in the State of Colo-
rado. 
(3) COMPLETION OF REVIEW.—The review of a 
request for predecisional review shall be completed 
before issuance of a final decision regarding the 
project at issue. The review shall be completed with-
in 30 days after the date the request was submitted. 
(c) EXEMPTION.—The Secretary may exempt any 
proposed decision responding to an unexpected or serious 
event that would provide relief from hazards threatening 
human health, property, and safety, natural resources, for-
est health, or to provide for rehabilitation and recovery 
of forest resources, from the predecisional review rules 
prescribed under this section. 
(d) EXHAUSTION OF PREDECISIONAL REVIEW PROC-
ESS.—Notwithstanding any other provision of law, an in-
dividual or entity must exhaust the predecisional review 
process before the individual or entity may bring an action 
in court challenging a site-specific project under the dem-
onstration project. 
(e) PRESUMPTION.—In any predecisional review of a 
management activity under the demonstration project, the 
official or administrative entity responsible for the review 
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or the court with jurisdiction over litigation resulting from 
the review shall give deference to the expert judgment of 
the Secretary in identifying and interpreting the scientific 
data that is the basis for the activity. 
(f) RELATION TO FOREST SERVICE DECISION MAK-
ING AND APPEALS REFORM.—Section 322 of the Depart-
ment of the Interior and Related Agencies Appropriations 
Act, 1993 (Public Law 102–381; 16 U.S.C. 1612 note), 
shall not apply to activities conducted under the dem-
onstration project. 
SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY. 
(a) USE OF EXISTING DEMONSTRATION AUTHOR-
ITY.—During the term of the Charter forest demonstra-
tion project, the Secretary may enter into stewardship and 
end result contracts for the covered National Forest Sys-
tem lands in accordance with section 347 of the Depart-
ment of the Interior and Related Agencies Appropriations 
Act, 1999 (as contained in section 101(e) of division A 
of Public Law 105–277; 16 U.S.C. 2104 note), to accom-
plish the land management goals specified in subsection 
(b) of such section. 
(b) ADDITIONAL CONTRACTS.—The contracts en-
tered into under the authority of subsection (a) shall be 
in addition to the stewardship and end result contracts 
authorized under such section 347, section 338 of the De-
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partment of the Interior and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–291; 16 U.S.C. 2104 
note), or any other provision of law. 
SEC. 9. RETENTION AND USE OF RECEIPTS. 
(a) RETENTION.—During the term of the Charter 
forest demonstration project, the Secretary shall retain the 
monetary proceeds from commercial timber sales, special 
use permit fees, and all other receipts derived from the 
covered National Forest System lands and any funds ap-
propriated with respect to the covered National Forest 
System lands. Such receipts and funds shall not be subject 
to overhead assessments. 
(b) USE.—The Secretary shall use the funds for 
projects for the covered National Forest System lands, 
with priority placed on projects related to forest health, 
insect eradication, environmental restoration, watershed 
protection, hazardous fuels reduction, and disease and 
invasive species control. 
(c) ROLE OF COUNCIL.—The Secretary shall consult 
with the council in selecting projects under this section. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; OFFSET. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $5,000,000 
for each of the fiscal years 2009 through 2019 to imple-
ment this Act. 
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(b) SENSE OF CONGRESS REGARDING OFFSET.—It 
is the sense of Congress that, to offset the funds appro-
priated to implement this Act for a fiscal year, the Forest 
Service land acquisition budget for that fiscal year should 
be reduced by an equal amount. 
Æ 
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