Page:United States Statutes at Large Volume 114 Part 2.djvu/979

 PUBLIC LAW 106-393—OCT. 30, 2000 114 STAT. 1617 a 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 t5rpe 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 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 material using separate contracts for— (i) the harvesting or collection of merchantable materisd; 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 materisil 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 Deadline. Notification. Federal Register, publication.

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