EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY CONCERNED.

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 and 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 procedures issued under subsection (e) of such 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) Payment of review costs.— (A) Request for payment by county.—The Secretary concerned may request the resource advisory committee submitting a proposed project to agree to the use of project funds to pay for any environmental review, consultation, or compliance with applicable environmental laws required in connection with the project. When such a payment is requested and the resource advisory committee agrees to the expenditure of funds for this purpose, the Secretary concerned shall conduct environmental review, consultation, or other compliance responsibilities in accordance with Federal law and regulations. (B) Effect of refusal to pay.—If a resource advisory committee does not agree to the expenditure of funds under subparagraph (A), the project shall be deemed withdrawn from further consideration by the Secretary concerned pursuant to this title. Such a withdrawal 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 decision by the Secretary concerned to reject a proposed project shall be at the Secretary’s sole discretion. Notwithstanding any other provision of law, 114 STAT. 1617a decision by the Secretary concerned to reject a proposed project shall not be subject to administrative appeal or judicial review. Within 30 days after making 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 concerned shall publish in the Federal Register notice of each project approved under subsection (a) if such 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, it 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 entities, and landowners and other persons to assist the Secretary in carrying out an approved project. (2) Best value contracting.—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. The Secretary concerned shall determine best value based on such factors as: (A) The technical demands and complexity of the work to be done. (B) The ecological objectives of the project and the sensitivity of the resources being treated. (C) The past experience by the contractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding desired ecological conditions. (D) The commitment of the contractor to hiring highly qualified workers and local residents. (3) Merchantable material contracting pilot program.— (A) Establishment.—The Secretary concerned shall establish a pilot program to implement a certain percentage of approved projects involving the sale of merchantable material using separate contracts for— (i) the harvesting or collection of merchantable material; and (ii) the sale of such material. (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 material are implemented using separate contracts: (i) For fiscal year 2001, 15 percent. (ii) For fiscal year 2002, 25 percent. (iii) For fiscal year 2003, 25 percent. (iv) For fiscal year 2004, 50 percent. (v) For fiscal year 2005, 50 percent. (vi) For fiscal year 2006, 50 percent. (C) Inclusion in pilot program.—The decision whether to use separate contracts to implement a project 114 STAT. 1618involving 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 Secretary 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 program 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.