View all text of Subchapter II [§ 7121 - § 7128]
§ 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
(c) Decisions of Secretary concerned
(1) Rejection of projects
(A) In general
(B) No administrative appeal or judicial review
(C) Notice of rejection
(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.)