View all text of Subchapter II [§ 7121 - § 7128]
§ 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.)