§7124 — Title 16 Conservation | U.S. Code

Summary

The Secretary can approve a project from a resource advisory committee only if the project follows federal law, fits the approved land and watershed plans, was approved by the committee using the required procedures, has a formal project description from the committee, and will help maintain infrastructure, improve forest stewardship, and restore land and water quality. The Secretary may ask the committee to let project funds pay for any needed environmental review or compliance. If the committee agrees, the Secretary will carry out those reviews under federal law. If the committee does not agree, the project is withdrawn and treated as rejected. The Secretary may reject a project for any reason, and that rejection cannot be appealed or taken to court; the Secretary must send a written notice with reasons within 30 days. Approved projects will be published in the Federal Register when required. Once a project is accepted for review, it is treated as a federal action. Using project funds, the Secretary may make contracts, grants, or agreements with states, local governments, private or nonprofit groups, landowners, and others. For contracts, the Secretary may choose the best value based on factors like work complexity, ecological goals and sensitivity, contractor experience and equipment, and hiring of qualified workers and locals. At least 50 percent of all project funds must go to projects mainly for road work (maintenance, decommissioning, or obliteration) or for stream and watershed restoration.

Title 16, §7124

Conservation — Source: USLM XML via OLRC

(a)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)(1)The Secretary concerned may request the resource advisory committee submitting a proposed project to agree to the use of project funds to pay for any environmental review, consultation, or compliance with applicable environmental laws required in connection with the project.

(2)If a payment is requested under paragraph (1) and the resource advisory committee agrees to the expenditure of funds for this purpose, the Secretary concerned shall conduct environmental review, consultation, or other compliance responsibilities in accordance with Federal laws (including regulations).

(3)(A)If a resource advisory committee does not agree to the expenditure of funds under paragraph (1), the project shall be deemed withdrawn from further consideration by the Secretary concerned pursuant to this subchapter.

(B)A withdrawal under subparagraph (A) shall be deemed to be a rejection of the project for purposes of section 7127(c) of this title.

(c)(1)(A)A decision by the Secretary concerned to reject a proposed project shall be at the sole discretion of the Secretary concerned.

(B)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)Not later than 30 days after the date on which the Secretary concerned makes 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)The Secretary concerned shall publish in the Federal Register notice of each project approved under subsection (a) if the notice would be required had the project originated with the Secretary.

(d)Once the Secretary concerned accepts a project for review under section 7123 of this title, the acceptance shall be deemed a Federal action for all purposes.

(e)(1)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 entities, and landowners and other persons to assist the Secretary in carrying out an approved project.

(2)(A)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 204 of Pub. L. 106–393 was set out in a note under section 500 of this title prior to repeal by Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893.

Amendments

2018—Subsec. (e)(3). Pub. L. 115–141 struck out par. (3) which established a pilot program to implement projects involving the sale of merchantable timber. 2015—Subsec. (e)(3)(B)(iii). Pub. L. 114–10 substituted “fiscal year 2010 and fiscal years thereafter” for “each of fiscal years 2010 through 2013”. 2013—Subsec. (e)(3)(B)(iii). Pub. L. 113–40 substituted “2013” for “2012”. 2012—Subsec. (e)(3)(B)(iii). Pub. L. 112–141 substituted “through 2012” for “and 2011”.

§7124 Evaluation and Approval of Projects by Secretary Concerned