12 2 STA T .390 3 PUBLIC LA W 110 – 3 4 3 —O CT. 3 , 200 8theS e cr et a r y c on cerne ds ha l l cond u ct en vi ron m ental revie w, consultation, or other com p liance responsi b ilities in accordance with F ederal laws ( includin g regulations ).‘ ‘( 3 ) EF F ECTO F R EF USAL TO P A Y . — ‘‘( A ) ING ENERAL.—I f a resource advisory committee does not agree to the e x penditure of funds under paragraph ( 1 ), the pro j ect shall be deemed withdrawn from further consideration by the Secretary concerned pursuant to this title. ‘‘( B ) EFFECT OF WI T HD RAWAL.—A withdrawal under subparagraph (A) shall be deemed to be a rejection of the project for purposes of section 207 (c). ‘‘(c) D ECISIONS OF SECRETARY C ONCERNED.— ‘‘(1) R E J ECTION OF PROJECTS.— ‘‘(A) IN GENERAL.—A decision by the Secretary con - cerned to reject a proposed project shall be at the sole discretion of the Secretary concerned. ‘‘(B) N OAD M INISTRATI V E APPEAL OR JUDICIAL REVIEW.— Notwithstanding any other provision of law, a decision by the Secretary concerned to reject a proposed project shall not be subject to administrative appeal or judicial review. ‘‘(C) NOTICE OF REJECTION.—Not later than 30 days after the date on which the Secretary concerned ma k es 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.— T he Secretary con- cerned shall publish in the Federal Register notice of each project approved under subsection (a) if the notice would be re q uired had the project originated with the Secretary. ‘‘(d) SOURCE AND CONDUCT OF P ROJECT.— O nce the Secretary concerned accepts a project for review under section 203, the accept- ance shall be deemed a Federal action for all purposes. ‘‘(e) IMPLEMENTATION OF APPROVED PROJECTS.— ‘‘(1) COOPERATION.—Notwithstanding chapter 6 3 of title 31, U nited States Code, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local governments, private and nonprofit enti- ties, 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 authori z ed 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 deter- mine 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 equip- ment proposed for the project, and meeting or exceeding desired ecological conditions; and Fed e ralR e gist er ,pub li c ati on.D eadline. N oti f ication.
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