(1) Cooperation Notwithstanding chapter
63 of title
31, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local governments, private and
nonprofit">
nonprofit entities, and landowners and other persons to assist the Secretary in carrying out an approved project.
(2) Best value contracting
(A) In general
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.
(B) Factors The Secretary concerned shall determine best value based on such factors as
(i) the technical demands and complexity of the work to be done;
(ii)
(I) the ecological objectives of the project; and
(II) the sensitivity of the resources being treated;
(iii) 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; and
(iv) the commitment of the contractor to hiring highly qualified workers and local residents.
(3) Merchantable timber 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 timber using separate contracts for
(i) the harvesting or collection of merchantable timber; and
(ii) the sale of the timber.
(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 timber are implemented using separate contracts:
(i) For fiscal year 2008, 35 percent.
(ii) For fiscal year 2009, 45 percent.
(iii) For each of fiscal years 2010 and 2011, 50 percent.
(C) Inclusion in pilot program
The decision whether to use separate contracts to implement a project involving the sale of merchantable timber shall be made by the Secretary concerned after the approval of the project under this subchapter.
(D) Assistance
(i) In general The Secretary concerned may use funds from any appropriated account available to the Secretary for the Federal land to assist in the administration of projects conducted under the pilot program.
(ii) Maximum amount of assistance 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
(i) Initial report Not later than September 30, 2010, the Comptroller General shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives a report assessing the pilot program.
(ii) Annual report The Secretary concerned shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives an annual report describing the results of the pilot program.
