16 USC 7122 - General limitation on use of project funds

Collapse to view only § 7122. General limitation on use of project funds

§ 7121. Definitions
§ 7122. General limitation on use of project funds
§ 7123. Submission of project proposals
§ 7124. Evaluation and approval of projects by Secretary concerned
§ 7125. Resource advisory committees
§ 7126. Use of project funds
§ 7127. Availability of project funds
§ 7128. Termination of authority

§ 7121. Definitions

In this subchapter:

(1) Participating county

(2) Project funds

(3) Resource advisory committee

The term “resource advisory committee” means—

(A) an advisory committee established by the Secretary concerned under section 7125 of this title; or

(B) an advisory committee determined by the Secretary concerned to meet the requirements of section 7125 of this title.

(4) Resource management plan

The term “resource management plan” means—

(A) a land use plan prepared by the Bureau of Land Management for units of the Federal land described in section 7102(7)(B) of this title pursuant to section 1712 of title 43; or

(B) a land and resource management plan prepared by the Forest Service for units of the National Forest System pursuant to section 1604 of this title.

(Pub. L. 106–393, title II, § 201, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3900.)

§ 7122. General limitation on use of project funds

(a) Limitation

(b) Authorized uses

(Pub. L. 106–393, title II, § 202, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3901; amended Pub. L. 112–141, div. F, title I, § 100101(a)(5), July 6, 2012, 126 Stat. 906.)

§ 7123. Submission of project proposals

(a) Submission of project proposals to Secretary concerned

(1) Projects funded using project funds

(2) Projects funded using other funds

(3) Joint projects

(b) Required description of projectsIn submitting proposed projects to the Secretary concerned under subsection (a), a resource advisory committee shall include in the description of each proposed project the following information:

(1) The purpose of the project and a description of how the project will meet the purposes of this subchapter.

(2) The anticipated duration of the project.

(3) The anticipated cost of the project.

(4) The proposed source of funding for the project, whether project funds or other funds.

(5)

(A) Expected outcomes, including how the project will meet or exceed desired ecological conditions, maintenance objectives, or stewardship objectives.

(B) An estimate of the amount of any timber, forage, and other commodities and other economic activity, including jobs generated, if any, anticipated as part of the project.

(6) A detailed monitoring plan, including funding needs and sources, that—

(A) tracks and identifies the positive or negative impacts of the project, implementation,1

1 So in original.

and provides for validation monitoring; and

(B) includes an assessment of the following:

(i) Whether or not the project met or exceeded desired ecological conditions; created local employment or training opportunities, including summer youth jobs programs such as the Youth Conservation Corps where appropriate.

(ii) Whether the project improved the use of, or added value to, any products removed from land consistent with the purposes of this subchapter.

(7) An assessment that the project is to be in the public interest.

(Pub. L. 106–393, title II, § 203, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3901; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(2)(A), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(1), Apr. 16, 2015, 129 Stat. 180.)

§ 7124. 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 7123 of this title only if the proposed project satisfies each of the following conditions:

(1) The project complies with all applicable Federal laws (including 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 7125 of this title, including the procedures issued under subsection (e) of that section.

(4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with section 7123 of this title.

(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) Request for payment by county

(2) Conduct of environmental review

(3) Effect of refusal to pay

(A) In general

(B) Effect of withdrawal

(1) Rejection of projects

(A) In general

(B) No administrative appeal or judicial review

(2) Notice of project approval

(d) Source and conduct of project

(e) Implementation of approved projects

(1) Cooperation

(2) Best value contracting

(A) In general

(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.

(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.

(Pub. L. 106–393, title II, § 204, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3902; amended Pub. L. 112–141, div. F, title I, § 100101(a)(6), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(2), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(1), Mar. 23, 2018, 132 Stat. 1079.)

§ 7125. Resource advisory committees

(a) Establishment and purpose of resource advisory committees

(1) Establishment

(2) PurposeThe purpose of a resource advisory committee shall be—

(A) to improve collaborative relationships; and

(B) to provide advice and recommendations to the land management agencies consistent with the purposes of this subchapter.

(3) Access to resource advisory committees

(4) Existing advisory committees

(A) In general

(B) Charter

(b) DutiesA resource advisory committee shall—

(1) review projects proposed under this subchapter by participating counties and other persons;

(2) propose projects and funding to the Secretary concerned under section 7123 of this title;

(3) provide early and continuous coordination with appropriate land management agency officials in recommending projects consistent with purposes of this chapter under this subchapter;

(4) provide frequent opportunities for citizens, organizations, tribes, land management agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of the project development process under this subchapter;

(5)

(A) monitor projects that have been approved under section 7124 of this title; and

(B) advise the designated Federal official on the progress of the monitoring efforts under subparagraph (A); and

(6) make recommendations to the Secretary concerned for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee.

(1) Appointment and term

(A) In general

(B) Reappointment

(2) Basic requirements

(3) Initial appointment

(4) Vacancies

(5) Compensation

(d) Composition of advisory committee

(1) Number

(2) Community interests representedExcept as provided in paragraph (6), committee members shall be representative of the interests of the following 3 categories:

(A) 5 persons that—

(i) represent organized labor or non-timber forest product harvester groups;

(ii) represent developed outdoor recreation, off highway vehicle users, or commercial recreation activities;

(iii) represent—(I) energy and mineral development interests; or(II) commercial or recreational fishing interests;

(iv) represent the commercial timber industry; or

(v) hold Federal grazing or other land use permits, or represent nonindustrial private forest land owners, within the area for which the committee is organized.

(B) 5 persons that represent—

(i) nationally recognized environmental organizations;

(ii) regionally or locally recognized environmental organizations;

(iii) dispersed recreational activities;

(iv) archaeological and historical interests; or

(v) nationally or regionally recognized wild horse and burro interest groups, wildlife or hunting organizations, or watershed associations.

(i) hold State elected office (or a designee);

(ii) hold county or local elected office;

(iii) represent American Indian tribes within or adjacent to the area for which the committee is organized;

(iv) are school officials or teachers; or

(v) represent the affected public at large.

(3) Balanced representation

(4) Geographic distribution

(5) Chairperson

(6) Committee composition waiver authority

(A) Notice

(B) Modification of membership requirementsIf, by the date that is 30 days after the date of publication of notice under subparagraph (A), an inadequate number of qualified candidates have applied to serve on a resource advisory committee, the Secretary concerned may reduce—

(i) the membership requirement under paragraph (1) to not fewer than 9; and

(ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each category described in that paragraph, except that where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category.

(e) Approval procedures

(1) In general

(2) Quorum

(3) Approval by majority of members

(f) Other committee authorities and requirements

(1) Staff assistance

(2) Meetings

(3) Records

(g) Resource advisory committee appointment pilot programs

(1) DefinitionsIn this subsection:

(A) Applicable designee

(B) National pilot program

(2) Establishment of pilot programs

(3) Regional pilot program

(A) In general

(B) Geographic limitationThe regional pilot program shall only apply to resource advisory committees chartered in—

(i) the State of Montana; and

(ii) the State of Arizona.

(i) Review

(ii) Savings clause

(4) National pilot program

(A) In general

(B) AppointmentUnder the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall—

(i) appoint the nominee to the applicable resource advisory committee; or

(ii) reject the nomination.

(D) Geographic limitationThe national pilot program shall apply to a resource advisory committee chartered in any State other than—

(i) the State of Montana; or

(ii) the State of Arizona.

(E) Savings clause

(5) Termination of effectiveness

(6) Report to CongressNot later 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes—

(A) with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program, a description of the extent to which—

(i) appointments were faster or slower; and

(ii) the requirements described in paragraph (3)(C)(i) differ; and

(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs.

(Pub. L. 106–393, title II, § 205, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3905; amended Pub. L. 112–141, div. F, title I, § 100101(a)(7), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(C), Oct. 2, 2013, 127 Stat. 545; Pub. L. 115–141, div. O, title IV, § 401(b)(2), Mar. 23, 2018, 132 Stat. 1079; Pub. L. 115–334, title VIII, § 8702, Dec. 20, 2018, 132 Stat. 4875; Pub. L. 116–94, div. I, title III, § 301(b)(1), Dec. 20, 2019, 133 Stat. 3021; Pub. L. 117–58, div. D, title XII, § 41202(c), (d)(1), Nov. 15, 2021, 135 Stat. 1132, 1134.)

§ 7126. Use of project funds

(a) Agreement regarding schedule and cost of project

(1) Agreement between parties

The Secretary concerned may carry out a project submitted by a resource advisory committee under section 7123(a) of this title using project funds or other funds described in section 7123(a)(2) of this title, if, as soon as practicable after the issuance of a decision document for the project and the exhaustion of all administrative appeals and judicial review of the project decision, the Secretary concerned and the resource advisory committee enter into an agreement addressing, at a minimum, the following:

(A) The schedule for completing the project.

(B) The total cost of the project, including the level of agency overhead to be assessed against the project.

(C) For a multiyear project, the estimated cost of the project for each of the fiscal years in which it will be carried out.

(D) The remedies for failure of the Secretary concerned to comply with the terms of the agreement consistent with current Federal law.

(2) Limited use of Federal funds

(b) Transfer of project funds

(1) Initial transfer required

As soon as practicable after the agreement is reached under subsection (a) with regard to a project to be funded in whole or in part using project funds, or other funds described in section 7123(a)(2) of this title, the Secretary concerned shall transfer to the applicable unit of National Forest System land or Bureau of Land Management District an amount of project funds equal to—

(A) in the case of a project to be completed in a single fiscal year, the total amount specified in the agreement to be paid using project funds, or other funds described in section 7123(a)(2) of this title; or

(B) in the case of a multiyear project, the amount specified in the agreement to be paid using project funds, or other funds described in section 7123(a)(2) of this title for the first fiscal year.

(2) Condition on project commencement

(3) Subsequent transfers for multiyear projects

(A) In general

(B) Suspension of work

(Pub. L. 106–393, title II, § 206, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3907.)

§ 7127. Availability of project funds

(a) Submission of proposed projects to obligate funds

(b) Use or transfer of unobligated funds

(d) Effect of court orders

(1) In general

(2) Expenditure of funds

(Pub. L. 106–393, title II, § 207, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3908; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(2)(D), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(3), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(3), Mar. 23, 2018, 132 Stat. 1079.)

§ 7128. Termination of authority

(a) In general

(b) Deposits in Treasury

(Pub. L. 106–393, title II, § 208, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3909; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), (8), July 6, 2012, 126 Stat. 905, 906; Pub. L. 113–40, § 10(a)(2)(E), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(4), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(4), Mar. 23, 2018, 132 Stat. 1079; Pub. L. 116–94, div. I, title III, § 301(b)(2), Dec. 20, 2019, 133 Stat. 3021; Pub. L. 117–58, div. D, title XII, § 41202(d)(2), Nov. 15, 2021, 135 Stat. 1134.)