H. R. 2389—12
involving the sale of merchantable material shall be made
by the Secretary concerned after the approval of the project
under this title.
(D) ASSISTANCE.—The Secretary concerned may use
funds from any appropriated account available to the Sec-
retary for the Federal lands to assist in the administration
of projects conducted under the pilot program. The total
amount obligated under this subparagraph may not exceed
$1,000,000 for any fiscal year during which the pilot pro-
gram is in effect.
(E) REVIEW AND REPORT.—Not later than September
30, 2003, the Comptroller General shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, the Committee on Energy and Natural Resources
of the Senate, the Committee on Agriculture of the House
of Representatives, and the Committee on Resources of
the House of Representatives a report assessing the pilot
program. The Secretary concerned shall submit to such
committees 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.
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 to improve collaborative relationships and to
provide advice and recommendations to the land management
agencies consistent with the purposes of this Act.
(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 one or
more, units of Federal lands.
(4) EXISTING
ADVISORY
COMMITTEES.—Existing advisory
committees meeting the requirements of this section may be
deemed by the Secretary concerned, as a resource advisory
committee for the purposes of this title. 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 participating
counties and other persons;
H. R. 2389—13
(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;
and
(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.
(c) APPOINTMENT BY THE SECRETARY.—
(1) APPOINTMENT
AND
TERM.—The Secretary concerned,
shall appoint the members of resource advisory committees
for a term of 3 years beginning on the date of appointment.
The Secretary concerned may reappoint members to subsequent
3-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.—The Secretary concerned shall
make initial appointments to the resource advisory committees
not later than 180 days after the date of the enactment of
this Act.
(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
three categories:
(A) five persons who—
(i) represent organized labor;
(ii) represent developed outdoor recreation, off
highway vehicle users, or commercial recreation activi-
ties;
(iii) represent energy and mineral development
interests;
(iv) represent the commercial timber industry; or
(v) hold Federal grazing permits, or other land
use permits within the area for which the committee
is organized.
(B) five persons representing—
(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.
(C) five persons who—
(i) hold State elected office or their designee;
H. R. 2389—14
(ii) hold county or local elected office;
(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 three categories in paragraph (2), the Sec-
retary concerned shall provide for balanced and broad represen-
tation 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 Sec-
retary concerned shall ensure local representation in each cat-
egory in paragraph (2).
(5) CHAIRPERSON.—A majority on each resource advisory
committee shall select the chairperson of the committee.
(e) APPROVAL PROCEDURES.—(1) Subject to paragraph (2), each
resource advisory committee shall establish procedures for pro-
posing projects to the Secretary concerned under this title. A
quorum must be present to constitute an official meeting of the
committee.
(2) A project may be proposed by a resource advisory committee
to the Secretary concerned under section 203(a), if it has been
approved by a majority of members of the committee from each
of the three 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 one 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.
H. R. 2389—15
(D) The remedies for failure of the Secretary concerned
to comply with the terms of the agreement consistent with
current Federal law.
(2) LIMITED USE OF FEDERAL FUNDS.—The Secretary con-
cerned may decide, at the Secretary’s sole discretion, to cover
the costs of a portion of an approved project using Federal
funds appropriated or otherwise available to the Secretary for
the same purposes as the project.
(b) TRANSFER OF PROJECT FUNDS.—
(1) INITIAL TRANSFER REQUIRED.—As soon as practicable
after the agreement is reached under subsection (a) with regard
to a project to be funded in whole or in part using project
funds, or other funds described in section 203(a)(2), the Sec-
retary concerned shall transfer to the applicable unit of
National Forest System lands or BLM District an amount of
project funds equal to—
(A) in the case of a project to be completed in a single
fiscal year, the total amount specified in the agreement
to be paid using project funds, or other funds described
in section 203(a)(2); or
(B) in the case of a multiyear project, the amount
specified in the agreement to be paid using project funds,
or other funds described in section 203(a)(2) for the first
fiscal year.
(2) CONDITION ON PROJECT COMMENCEMENT.—The unit of
National Forest System lands or BLM District concerned, shall
not commence a project until the project funds, or other funds
described in section 203(a)(2) required to be transferred under
paragraph (1) for the project, have been made available by
the Secretary concerned.
(3) SUBSEQUENT TRANSFERS FOR MULTIYEAR PROJECTS.—
For the second and subsequent fiscal years of a multiyear
project to be funded in whole or in part using project funds,
the unit of National Forest System lands or BLM District
concerned shall use the amount of project funds required to
continue the project in that fiscal year according to the agree-
ment entered into under subsection (a). The Secretary con-
cerned shall suspend work on the project if the project funds
required by the agreement in the second and subsequent fiscal
years are not available.
SEC. 207. AVAILABILITY OF PROJECT FUNDS.
(a) SUBMISSION OF PROPOSED PROJECTS TO OBLIGATE FUNDS.—
By September 30 of each fiscal year through fiscal year 2006,
a resource advisory committee shall submit to the Secretary con-
cerned pursuant to section 203(a)(1) a sufficient number of project
proposals that, if approved, would result in the obligation of at
least the full amount of the project funds reserved by the partici-
pating county in the preceding fiscal year.
(b) USE
OR TRANSFER
OF UNOBLIGATED FUNDS.—Subject to
section 208, if a resource advisory committee fails to comply with
subsection (a) for a fiscal year, any project funds reserved by the
participating county in the preceding fiscal year and remaining
unobligated shall be available for use as part of the project submis-
sions in the next fiscal year.
(c) EFFECT
OF REJECTION
OF PROJECTS.—Subject to section
208, any project funds reserved by a participating county in the