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Thursday, October 2, 2008, 3:00 AM H.R. 1424: Bailout Bill, Part 14
21 year thereafter, the amount that is equal to 90
22 percent of the full funding amount for the pre-
23 ceding fiscal year.
351
1 ``(12) INCOME ADJUSTMENT.--The term `in-
2 come adjustment' means the square of the quotient
3 obtained by dividing--
4 ``(A) the per capita personal income for
5 each eligible county; by
6 ``(B) the median per capita personal in-
7 come of all eligible counties.
8 ``(13) PER CAPITA PERSONAL INCOME.--The
9 term `per capita personal income' means the most
10 recent per capita personal income data, as deter-
11 mined by the Bureau of Economic Analysis.
12 ``(14) SAFETY NET PAYMENTS.--The term
13 `safety net payments' means the special payment
14 amounts paid to States and counties required by
15 section 13982 or 13983 of the Omnibus Budget
16 Reconciliation Act of 1993 (Public Law 10366; 16
17 U.S.C. 500 note; 43 U.S.C. 1181f note).
18 ``(15) SECRETARY CONCERNED.--The term
19 `Secretary concerned' means--
20 ``(A) the Secretary of Agriculture or the
21 designee of the Secretary of Agriculture with
22 respect to the Federal land described in para-
23 graph (7)(A); and
24 ``(B) the Secretary of the Interior or the
25 designee of the Secretary of the Interior with
352
1 respect to the Federal land described in para-
2 graph (7)(B).
3 ``(16) STATE PAYMENT.--The term `State pay-
4 ment' means the payment for an eligible State cal-
5 culated under section 101(a).
6 ``(17) 25-PERCENT PAYMENT.--The term `25-
7 percent payment' means the payment to States re-
8 quired by the sixth paragraph under the heading of
9 `FOREST SERVICE' in the Act of May 23, 1908
10 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the
11 Act of March 1, 1911 (36 Stat. 963; 16 U.S.C.
12 500).
13 ``TITLE I--SECURE PAYMENTS
14 FOR STATES AND COUNTIES
15 CONTAINING FEDERAL LAND
16 ``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING
17 FEDERAL LAND.
18 ``(a) STATE PAYMENT.--For each of fiscal years
19 2008 through 2011, the Secretary of Agriculture shall cal-
20 culate for each eligible State an amount equal to the sum
21 of the products obtained by multiplying--
22 ``(1) the adjusted share for each eligible county
23 within the eligible State; by
24 ``(2) the full funding amount for the fiscal year.
353
1 ``(b) COUNTY PAYMENT.--For each of fiscal years
2 2008 through 2011, the Secretary of the Interior shall cal-
3 culate for each eligible county that received a 50-percent
4 payment during the eligibility period an amount equal to
5 the product obtained by multiplying--
6 ``(1) the 50-percent adjusted share for the eligi-
7 ble county; by
8 ``(2) the full funding amount for the fiscal year.
9 ``SEC. 102. PAYMENTS TO STATES AND COUNTIES.
10 ``(a) PAYMENT AMOUNTS.--Except as provided in
11 section 103, the Secretary of the Treasury shall pay to--
12 ``(1) a State or territory of the United States
13 an amount equal to the sum of the amounts elected
14 under subsection (b) by each county within the State
15 or territory for--
16 ``(A) if the county is eligible for the 25-
17 percent payment, the share of the 25-percent
18 payment; or
19 ``(B) the share of the State payment of the
20 eligible county; and
21 ``(2) a county an amount equal to the amount
22 elected under subsection (b) by each county for--
23 ``(A) if the county is eligible for the 50-
24 percent payment, the 50-percent payment; or
354
1 ``(B) the county payment for the eligible
2 county.
3 ``(b) ELECTION TO RECEIVE PAYMENT AMOUNT.--
4 ``(1) ELECTION; SUBMISSION OF RESULTS.--
5 ``(A) IN GENERAL.--The election to receive
6 a share of the State payment, the county pay-
7 ment, a share of the State payment and the
8 county payment, a share of the 25-percent pay-
9 ment, the 50-percent payment, or a share of the
10 25-percent payment and the 50-percent pay-
11 ment, as applicable, shall be made at the discre-
12 tion of each affected county by August 1, 2008
13 (or as soon thereafter as the Secretary con-
14 cerned determines is practicable), and August 1
15 of each second fiscal year thereafter, in accord-
16 ance with paragraph (2), and transmitted to
17 the Secretary concerned by the Governor of
18 each eligible State.
19 ``(B) FAILURE TO TRANSMIT.--If an elec-
20 tion for an affected county is not transmitted to
21 the Secretary concerned by the date specified
22 under subparagraph (A), the affected county
23 shall be considered to have elected to receive a
24 share of the State payment, the county pay-
355
1 ment, or a share of the State payment and the
2 county payment, as applicable.
3 ``(2) DURATION OF ELECTION.--
4 ``(A) IN GENERAL.--A county election to
5 receive a share of the 25-percent payment or
6 50-percent payment, as applicable, shall be ef-
7 fective for 2 fiscal years.
8 ``(B) FULL FUNDING AMOUNT.--If a coun-
9 ty elects to receive a share of the State payment
10 or the county payment, the election shall be ef-
11 fective for all subsequent fiscal years through
12 fiscal year 2011.
13 ``(3) SOURCE OF PAYMENT AMOUNTS.--The
14 payment to an eligible State or eligible county under
15 this section for a fiscal year shall be derived from--
16 ``(A) any amounts that are appropriated to
17 carry out this Act;
18 ``(B) any revenues, fees, penalties, or mis-
19 cellaneous receipts, exclusive of deposits to any
20 relevant trust fund, special account, or perma-
21 nent operating funds, received by the Federal
22 Government from activities by the Bureau of
23 Land Management or the Forest Service on the
24 applicable Federal land; and
356
1 ``(C) to the extent of any shortfall, out of
2 any amounts in the Treasury of the United
3 States not otherwise appropriated.
4 ``(c) DISTRIBUTION AND EXPENDITURE OF PAY-
5 MENTS.--
6 ``(1) DISTRIBUTION METHOD.--A State that re-
7 ceives a payment under subsection (a) for Federal
8 land described in section 3(7)(A) shall distribute the
9 appropriate payment amount among the appropriate
10 counties in the State in accordance with--
11 ``(A) the Act of May 23, 1908 (16 U.S.C.
12 500); and
13 ``(B) section 13 of the Act of March 1,
14 1911 (36 Stat. 963; 16 U.S.C. 500).
15 ``(2) EXPENDITURE PURPOSES.--Subject to
16 subsection (d), payments received by a State under
17 subsection (a) and distributed to counties in accord-
18 ance with paragraph (1) shall be expended as re-
19 quired by the laws referred to in paragraph (1).
20 ``(d) EXPENDITURE RULES FOR ELIGIBLE COUN-
21 TIES.--
22 ``(1) ALLOCATIONS.--
23 ``(A) USE OF PORTION IN SAME MANNER
24 AS 25-PERCENT PAYMENT OR 50-PERCENT PAY-
25 MENT, AS APPLICABLE.--Except as provided in
357
1 paragraph (3)(B), if an eligible county elects to
2 receive its share of the State payment or the
3 county payment, not less than 80 percent, but
4 not more than 85 percent, of the funds shall be
5 expended in the same manner in which the 25-
6 percent payments or 50-percent payment, as
7 applicable, are required to be expended.
8 ``(B) ELECTION AS TO USE OF BAL-
9 ANCE.--Except as provided in subparagraph
10 (C), an eligible county shall elect to do 1 or
11 more of the following with the balance of any
12 funds not expended pursuant to subparagraph
13 (A):
14 ``(i) Reserve any portion of the bal-
15 ance for projects in accordance with title
16 II.
17 ``(ii) Reserve not more than 7 percent
18 of the total share for the eligible county of
19 the State payment or the county payment
20 for projects in accordance with title III.
21 ``(iii) Return the portion of the bal-
22 ance not reserved under clauses (i) and (ii)
23 to the Treasury of the United States.
24 ``(C) COUNTIES WITH MODEST DISTRIBU-
25 TIONS.--In the case of each eligible county to
358
1 which more than $100,000, but less than
2 $350,000, is distributed for any fiscal year pur-
3 suant to either or both of paragraphs (1)(B)
4 and (2)(B) of subsection (a), the eligible coun-
5 ty, with respect to the balance of any funds not
6 expended pursuant to subparagraph (A) for
7 that fiscal year, shall--
8 ``(i) reserve any portion of the balance
9 for--
10 ``(I) carrying out projects under
11 title II;
12 ``(II) carrying out projects under
13 title III; or
14 ``(III) a combination of the pur-
15 poses described in subclauses (I) and
16 (II); or
17 ``(ii) return the portion of the balance
18 not reserved under clause (i) to the Treas-
19 ury of the United States.
20 ``(2) DISTRIBUTION OF FUNDS.--
21 ``(A) IN GENERAL.--Funds reserved by an
22 eligible county under subparagraph (B)(i) or
23 (C)(i) of paragraph (1) for carrying out
24 projects under title II shall be deposited in a
359
1 special account in the Treasury of the United
2 States.
3 ``(B) AVAILABILITY.--Amounts deposited
4 under subparagraph (A) shall--
5 ``(i) be available for expenditure by
6 the Secretary concerned, without further
7 appropriation; and
8 ``(ii) remain available until expended
9 in accordance with title II.
10 ``(3) ELECTION.--
11 ``(A) NOTIFICATION.--
12 ``(i) IN GENERAL.--An eligible county
13 shall notify the Secretary concerned of an
14 election by the eligible county under this
15 subsection not later than September 30,
16 2008 (or as soon thereafter as the Sec-
17 retary concerned determines is prac-
18 ticable), and each September 30 thereafter
19 for each succeeding fiscal year.
20 ``(ii) FAILURE TO ELECT.--Except as
21 provided in subparagraph (B), if the eligi-
22 ble county fails to make an election by the
23 date specified in clause (i), the eligible
24 county shall--
360
1 ``(I) be considered to have elected
2 to expend 85 percent of the funds in
3 accordance with paragraph (1)(A);
4 and
5 ``(II) return the balance to the
6 Treasury of the United States.
7 ``(B) COUNTIES WITH MINOR DISTRIBU-
8 TIONS.--In the case of each eligible county to
9 which less than $100,000 is distributed for any
10 fiscal year pursuant to either or both of para-
11 graphs (1)(B) and (2)(B) of subsection (a), the
12 eligible county may elect to expend all the funds
13 in the same manner in which the 25-percent
14 payments or 50-percent payments, as applica-
15 ble, are required to be expended.
16 ``(e) TIME FOR PAYMENT.--The payments required
17 under this section for a fiscal year shall be made as soon
18 as practicable after the end of that fiscal year.
19 ``SEC. 103. TRANSITION PAYMENTS TO STATES.
20 ``(a) DEFINITIONS.--In this section:
21 ``(1) ADJUSTED AMOUNT.--The term `adjusted
22 amount' means, with respect to a covered State--
23 ``(A) for fiscal year 2008, 90 percent of--
24 ``(i) the sum of the amounts paid for
25 fiscal year 2006 under section 102(a)(2)
361
1 (as in effect on September 29, 2006) for
2 the eligible counties in the covered State
3 that have elected under section 102(b) to
4 receive a share of the State payment for
5 fiscal year 2008; and
6 ``(ii) the sum of the amounts paid for
7 fiscal year 2006 under section 103(a)(2)
8 (as in effect on September 29, 2006) for
9 the eligible counties in the State of Oregon
10 that have elected under section 102(b) to
11 receive the county payment for fiscal year
12 2008;
13 ``(B) for fiscal year 2009, 81 percent of--
14 ``(i) the sum of the amounts paid for
15 fiscal year 2006 under section 102(a)(2)
16 (as in effect on September 29, 2006) for
17 the eligible counties in the covered State
18 that have elected under section 102(b) to
19 receive a share of the State payment for
20 fiscal year 2009; and
21 ``(ii) the sum of the amounts paid for
22 fiscal year 2006 under section 103(a)(2)
23 (as in effect on September 29, 2006) for
24 the eligible counties in the State of Oregon
25 that have elected under section 102(b) to
362
1 receive the county payment for fiscal year
2 2009; and
3 ``(C) for fiscal year 2010, 73 percent of--
4 ``(i) the sum of the amounts paid for
5 fiscal year 2006 under section 102(a)(2)
6 (as in effect on September 29, 2006) for
7 the eligible counties in the covered State
8 that have elected under section 102(b) to
9 receive a share of the State payment for
10 fiscal year 2010; and
11 ``(ii) the sum of the amounts paid for
12 fiscal year 2006 under section 103(a)(2)
13 (as in effect on September 29, 2006) for
14 the eligible counties in the State of Oregon
15 that have elected under section 102(b) to
16 receive the county payment for fiscal year
17 2010.
18 ``(2) COVERED STATE.--The term `covered
19 State' means each of the States of California, Lou-
20 isiana, Oregon, Pennsylvania, South Carolina, South
21 Dakota, Texas, and Washington.
22 ``(b) TRANSITION PAYMENTS.--For each of fiscal
23 years 2008 through 2010, in lieu of the payment amounts
24 that otherwise would have been made under paragraphs
25 (1)(B) and (2)(B) of section 102(a), the Secretary of the
363
1 Treasury shall pay the adjusted amount to each covered
2 State and the eligible counties within the covered State,
3 as applicable.
4 ``(c) DISTRIBUTION OF ADJUSTED AMOUNT.--Ex-
5 cept as provided in subsection (d), it is the intent of Con-
6 gress that the method of distributing the payments under
7 subsection (b) among the counties in the covered States
8 for each of fiscal years 2008 through 2010 be in the same
9 proportion that the payments were distributed to the eligi-
10 ble counties in fiscal year 2006.
11 ``(d) DISTRIBUTION OF PAYMENTS IN CALI-
12 FORNIA.--The following payments shall be distributed
13 among the eligible counties in the State of California in
14 the same proportion that payments under section
15 102(a)(2) (as in effect on September 29, 2006) were dis-
16 tributed to the eligible counties for fiscal year 2006:
17 ``(1) Payments to the State of California under
18 subsection (b).
19 ``(2) The shares of the eligible counties of the
20 State payment for California under section 102 for
21 fiscal year 2011.
22 ``(e) TREATMENT OF PAYMENTS.--For purposes of
23 this Act, any payment made under subsection (b) shall be
24 considered to be a payment made under section 102(a).
364
1 ``TITLE II--SPECIAL PROJECTS
2 ON FEDERAL LAND
3 ``SEC. 201. DEFINITIONS.
4 ``In this title:
5 ``(1) PARTICIPATING COUNTY.--The term `par-
6 ticipating county' means an eligible county that
7 elects under section 102(d) to expend a portion of
8 the Federal funds received under section 102 in ac-
9 cordance with this title.
10 ``(2) PROJECT FUNDS.--The term `project
11 funds' means all funds an eligible county elects
12 under section 102(d) to reserve for expenditure in
13 accordance with this title.
14 ``(3) RESOURCE ADVISORY COMMITTEE.--The
15 term `resource advisory committee' means--
16 ``(A) an advisory committee established by
17 the Secretary concerned under section 205; or
18 ``(B) an advisory committee determined by
19 the Secretary concerned to meet the require-
20 ments of section 205.
21 ``(4) RESOURCE MANAGEMENT PLAN.--The
22 term `resource management plan' means--
23 ``(A) a land use plan prepared by the Bu-
24 reau of Land Management for units of the Fed-
25 eral land described in section 3(7)(B) pursuant
365
1 to section 202 of the Federal Land Policy and
2 Management Act of 1976 (43 U.S.C. 1712); or
3 ``(B) a land and resource management
4 plan prepared by the Forest Service for units of
5 the National Forest System pursuant to section
6 6 of the Forest and Rangeland Renewable Re-
7 sources Planning Act of 1974 (16 U.S.C.
8 1604).
9 ``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT
10 FUNDS.
11 ``(a) LIMITATION.--Project funds shall be expended
12 solely on projects that meet the requirements of this title.
13 ``(b) AUTHORIZED USES.--Project funds may be
14 used by the Secretary concerned for the purpose of enter-
15 ing into and implementing cooperative agreements with
16 willing Federal agencies, State and local governments, pri-
17 vate and nonprofit entities, and landowners for protection,
18 restoration, and enhancement of fish and wildlife habitat,
19 and other resource objectives consistent with the purposes
20 of this Act on Federal land and on non-Federal land where
21 projects would benefit the resources on Federal land.
22 ``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
23 ``(a) SUBMISSION OF PROJECT PROPOSALS TO SEC-
24 RETARY CONCERNED.--
366
1 ``(1) PROJECTS FUNDED USING PROJECT
2 FUNDS.--Not later than September 30 for fiscal
3 year 2008 (or as soon thereafter as the Secretary
4 concerned determines is practicable), and each Sep-
5 tember 30 thereafter for each succeeding fiscal year
6 through fiscal year 2011, each resource advisory
7 committee shall submit to the Secretary concerned a
8 description of any projects that the resource advi-
9 sory committee proposes the Secretary undertake
10 using any project funds reserved by eligible counties
11 in the area in which the resource advisory committee
12 has geographic jurisdiction.
13 ``(2) PROJECTS FUNDED USING OTHER
14 FUNDS.--A resource advisory committee may submit
15 to the Secretary concerned a description of any
16 projects that the committee proposes the Secretary
17 undertake using funds from State or local govern-
18 ments, or from the private sector, other than project
19 funds and funds appropriated and otherwise avail-
20 able to do similar work.
21 ``(3) JOINT PROJECTS.--Participating counties
22 or other persons may propose to pool project funds
23 or other funds, described in paragraph (2), and
24 jointly propose a project or group of projects to a re-
367
1 source advisory committee established under section
2 205.
3 ``(b) REQUIRED DESCRIPTION OF PROJECTS.--In
4 submitting proposed projects to the Secretary concerned
5 under subsection (a), a resource advisory committee shall
6 include in the description of each proposed project the fol-
7 lowing information:
8 ``(1) The purpose of the project and a descrip-
9 tion of how the project will meet the purposes of this
10 title.
11 ``(2) The anticipated duration of the project.
12 ``(3) The anticipated cost of the project.
13 ``(4) The proposed source of funding for the
14 project, whether project funds or other funds.
15 ``(5)(A) Expected outcomes, including how the
16 project will meet or exceed desired ecological condi-
17 tions, maintenance objectives, or stewardship objec-
18 tives.
19 ``(B) An estimate of the amount of any timber,
20 forage, and other commodities and other economic
21 activity, including jobs generated, if any, anticipated
22 as part of the project.
23 ``(6) A detailed monitoring plan, including
24 funding needs and sources, that--
368
1 ``(A) tracks and identifies the positive or
2 negative impacts of the project, implementation,
3 and provides for validation monitoring; and
4 ``(B) includes an assessment of the fol-
5 lowing:
6 ``(i) Whether or not the project met or
7 exceeded desired ecological conditions; cre-
8 ated local employment or training opportu-
9 nities, including summer youth jobs pro-
10 grams such as the Youth Conservation
11 Corps where appropriate.
12 ``(ii) Whether the project improved
13 the use of, or added value to, any products
14 removed from land consistent with the pur-
15 poses of this title.
16 ``(7) An assessment that the project is to be in
17 the public interest.
18 ``(c) AUTHORIZED PROJECTS.--Projects proposed
19 under subsection (a) shall be consistent with section 2.
20 ``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY
21 SECRETARY CONCERNED.
22 ``(a) CONDITIONS FOR APPROVAL OF PROPOSED
23 PROJECT.--The Secretary concerned may make a decision
24 to approve a project submitted by a resource advisory com-
369
1 mittee under section 203 only if the proposed project satis-
2 fies each of the following conditions:
3 ``(1) The project complies with all applicable
4 Federal laws (including regulations).
5 ``(2) The project is consistent with the applica-
6 ble resource management plan and with any water-
7 shed or subsequent plan developed pursuant to the
8 resource management plan and approved by the Sec-
9 retary concerned.
10 ``(3) The project has been approved by the re-
11 source advisory committee in accordance with sec-
12 tion 205, including the procedures issued under sub-
13 section (e) of that section.
14 ``(4) A project description has been submitted
15 by the resource advisory committee to the Secretary
16 concerned in accordance with section 203.
17 ``(5) The project will improve the maintenance
18 of existing infrastructure, implement stewardship ob-
19 jectives that enhance forest ecosystems, and restore
20 and improve land health and water quality.
21 ``(b) ENVIRONMENTAL REVIEWS.--
22 ``(1) REQUEST FOR PAYMENT BY COUNTY.--
23 The Secretary concerned may request the resource
24 advisory committee submitting a proposed project to
25 agree to the use of project funds to pay for any envi-
370
1 ronmental review, consultation, or compliance with
2 applicable environmental laws required in connection
3 with the project.
4 ``(2) CONDUCT OF ENVIRONMENTAL REVIEW.--
5 If a payment is requested under paragraph (1) and
6 the resource advisory committee agrees to the ex-
7 penditure of funds for this purpose, the Secretary
8 concerned shall conduct environmental review, con-
9 sultation, or other compliance responsibilities in ac-
10 cordance with Federal laws (including regulations).
11 ``(3) EFFECT OF REFUSAL TO PAY.--
12 ``(A) IN GENERAL.--If a resource advisory
13 committee does not agree to the expenditure of
14 funds under paragraph (1), the project shall be
15 deemed withdrawn from further consideration
16 by the Secretary concerned pursuant to this
17 title.
18 ``(B) EFFECT OF WITHDRAWAL.--A with-
19 drawal under subparagraph (A) shall be deemed
20 to be a rejection of the project for purposes of
21 section 207(c).
22 ``(c) DECISIONS OF SECRETARY CONCERNED.--
23 ``(1) REJECTION OF PROJECTS.--
24 ``(A) IN GENERAL.--A decision by the Sec-
25 retary concerned to reject a proposed project
371
1 shall be at the sole discretion of the Secretary
2 concerned.
3 ``(B) NO ADMINISTRATIVE APPEAL OR JU-
4 DICIAL REVIEW.--Notwithstanding any other
5 provision of law, a decision by the Secretary
6 concerned to reject a proposed project shall not
7 be subject to administrative appeal or judicial
8 review.
9 ``(C) NOTICE OF REJECTION.--Not later
10 than 30 days after the date on which the Sec-
11 retary concerned makes the rejection decision,
12 the Secretary concerned shall notify in writing
13 the resource advisory committee that submitted
14 the proposed project of the rejection and the
15 reasons for rejection.
16 ``(2) NOTICE OF PROJECT APPROVAL.--The
17 Secretary concerned shall publish in the Federal
18 Register notice of each project approved under sub-
19 section (a) if the notice would be required had the
20 project originated with the Secretary.
21 ``(d) SOURCE AND CONDUCT OF PROJECT.--Once the
22 Secretary concerned accepts a project for review under
23 section 203, the acceptance shall be deemed a Federal ac-
24 tion for all purposes.
25 ``(e) IMPLEMENTATION OF APPROVED PROJECTS.--
372
1 ``(1) COOPERATION.--Notwithstanding chapter
2 63 of title 31, United States Code, using project
3 funds the Secretary concerned may enter into con-
4 tracts, grants, and cooperative agreements with
5 States and local governments, private and nonprofit
6 entities, and landowners and other persons to assist
7 the Secretary in carrying out an approved project.
8 ``(2) BEST VALUE CONTRACTING.--
9 ``(A) IN GENERAL.--For any project in-
10 volving a contract authorized by paragraph (1)
11 the Secretary concerned may elect a source for
12 performance of the contract on a best value
13 basis.
14 ``(B) FACTORS.--The Secretary concerned
15 shall determine best value based on such factors
16 as--
17 ``(i) the technical demands and com-
18 plexity of the work to be done;
19 ``(ii)(I) the ecological objectives of the
20 project; and
21 ``(II) the sensitivity of the resources
22 being treated;
23 ``(iii) the past experience by the con-
24 tractor with the type of work being done,
25 using the type of equipment proposed for
373
1 the project, and meeting or exceeding de-
2 sired ecological conditions; and
3 ``(iv) the commitment of the con-
4 tractor to hiring highly qualified workers
5 and local residents.
6 ``(3) MERCHANTABLE TIMBER CONTRACTING
7 PILOT PROGRAM.--
8 ``(A) ESTABLISHMENT.--The Secretary
9 concerned shall establish a pilot program to im-
10 plement a certain percentage of approved
11 projects involving the sale of merchantable tim-
12 ber using separate contracts for--
13 ``(i) the harvesting or collection of
14 merchantable timber; and
15 ``(ii) the sale of the timber.
16 ``(B) ANNUAL PERCENTAGES.--Under the
17 pilot program, the Secretary concerned shall en-
18 sure that, on a nationwide basis, not less than
19 the following percentage of all approved projects
20 involving the sale of merchantable timber are
21 implemented using separate contracts:
22 ``(i) For fiscal year 2008, 35 percent.
23 ``(ii) For fiscal year 2009, 45 percent.
24 ``(iii) For each of fiscal years 2010
25 and 2011, 50 percent.
374
1 ``(C) INCLUSION IN PILOT PROGRAM.--The
2 decision whether to use separate contracts to
3 implement a project involving the sale of mer-
4 chantable timber shall be made by the Sec-
5 retary concerned after the approval of the
6 project under this title.
7 ``(D) ASSISTANCE.--
8 ``(i) IN GENERAL.--The Secretary
9 concerned may use funds from any appro-
10 priated account available to the Secretary
11 for the Federal land to assist in the ad-
12 ministration of projects conducted under
13 the pilot program.
14 ``(ii) MAXIMUM AMOUNT OF ASSIST-
15 ANCE.--The total amount obligated under
16 this subparagraph may not exceed
17 $1,000,000 for any fiscal year during
18 which the pilot program is in effect.
19 ``(E) REVIEW AND REPORT.--
20 ``(i) INITIAL REPORT.--Not later than
21 September 30, 2010, the Comptroller Gen-
22 eral shall submit to the Committees on Ag-
23 riculture, Nutrition, and Forestry and En-
24 ergy and Natural Resources of the Senate
25 and the Committees on Agriculture and
375
1 Natural Resources of the House of Rep-
2 resentatives a report assessing the pilot
3 program.
4 ``(ii) ANNUAL REPORT.--The Sec-
5 retary concerned shall submit to the Com-
6 mittees on Agriculture, Nutrition, and For-
7 estry and Energy and Natural Resources
8 of the Senate and the Committees on Agri-
9 culture and Natural Resources of the
10 House of Representatives an annual report
11 describing the results of the pilot program.
12 ``(f) REQUIREMENTS FOR PROJECT FUNDS.--The
13 Secretary shall ensure that at least 50 percent of all
14 project funds be used for projects that are primarily dedi-
15 cated--
16 ``(1) to road maintenance, decommissioning, or
17 obliteration; or
18 ``(2) to restoration of streams and watersheds.
19 ``SEC. 205. RESOURCE ADVISORY COMMITTEES.
20 ``(a) ESTABLISHMENT AND PURPOSE OF RESOURCE
21 ADVISORY COMMITTEES.--
22 ``(1) ESTABLISHMENT.--The Secretary con-
23 cerned shall establish and maintain resource advi-
24 sory committees to perform the duties in subsection
25 (b), except as provided in paragraph (4).
376
1 ``(2) PURPOSE.--The purpose of a resource ad-
2 visory committee shall be--
3 ``(A) to improve collaborative relationships;
4 and
5 ``(B) to provide advice and recommenda-
6 tions to the land management agencies con-
7 sistent with the purposes of this title.
8 ``(3) ACCESS TO RESOURCE ADVISORY COMMIT-
9 TEES.--To ensure that each unit of Federal land
10 has access to a resource advisory committee, and
11 that there is sufficient interest in participation on a
12 committee to ensure that membership can be bal-
13 anced in terms of the points of view represented and
14 the functions to be performed, the Secretary con-
15 cerned may, establish resource advisory committees
16 for part of, or 1 or more, units of Federal land.
17 ``(4) EXISTING ADVISORY COMMITTEES.--
18 ``(A) IN GENERAL.--An advisory com-
19 mittee that meets the requirements of this sec-
20 tion, a resource advisory committee established
21 before September 29, 2006, or an advisory com-
22 mittee determined by the Secretary concerned
23 before September 29, 2006, to meet the re-
24 quirements of this section may be deemed by
377
1 the Secretary concerned to be a resource advi-
2 sory committee for the purposes of this title.
3 ``(B) CHARTER.--A charter for a com-
4 mittee described in subparagraph (A) that was
5 filed on or before September 29, 2006, shall be
6 considered to be filed for purposes of this Act.
7 ``(C) BUREAU OF LAND MANAGEMENT AD-
8 VISORY COMMITTEES.--The Secretary of the In-
9 terior may deem a resource advisory committee
10 meeting the requirements of subpart 1784 of
11 part 1780 of title 43, Code of Federal Regula-
12 tions, as a resource advisory committee for the
13 purposes of this title.
14 ``(b) DUTIES.--A resource advisory committee
15 shall--
16 ``(1) review projects proposed under this title by
17 participating counties and other persons;
18 ``(2) propose projects and funding to the Sec-
19 retary concerned under section 203;
20 ``(3) provide early and continuous coordination
21 with appropriate land management agency officials
22 in recommending projects consistent with purposes
23 of this Act under this title;
24 ``(4) provide frequent opportunities for citizens,
25 organizations, tribes, land management agencies,
378
1 and other interested parties to participate openly
2 and meaningfully, beginning at the early stages of
3 the project development process under this title;
4 ``(5)(A) monitor projects that have been ap-
5 proved under section 204; and
6 ``(B) advise the designated Federal official on
7 the progress of the monitoring efforts under sub-
8 paragraph (A); and
9 ``(6) make recommendations to the Secretary
10 concerned for any appropriate changes or adjust-
11 ments to the projects being monitored by the re-
12 source advisory committee.
13 ``(c) APPOINTMENT BY THE SECRETARY.--
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