§7126 — Title 16 Conservation | U.S. Code

Summary

The Secretary in charge may carry out a project proposed by a resource advisory committee using project funds or other eligible funds. After a final project decision is issued and all administrative appeals and court review are finished, the Secretary and the committee must quickly make a written agreement. The agreement must say the project schedule, the total cost including agency overhead, the yearly cost estimates for multiyear projects, and what will happen if the Secretary fails to follow the agreement. The Secretary may also choose on their own to pay part of the project with other federal money available for the same purpose. Once the agreement is made, the Secretary must transfer funds to the National Forest unit or BLM district: for a one-year project, the full amount paid with project funds; for a multiyear project, the amount needed for the first fiscal year. The unit cannot start work until those funds are available. For later fiscal years, the unit will use the amounts in the agreement, and the Secretary must stop work if those later-year funds are not provided.

Title 16, §7126

Conservation — Source: USLM XML via OLRC

(a)(1)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)The Secretary concerned may decide, at the sole discretion of the Secretary concerned, to cover the costs of a portion of an approved project using Federal funds appropriated or otherwise available to the Secretary for the same purposes as the project.

(b)(1)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)The unit of National Forest System land or Bureau of Land Management District concerned shall not commence a project until the project funds, or other funds described in section 7123(a)(2) of this title required to be transferred under paragraph (1) for the project, have been made available by the Secretary concerned.

(3)(A)For the second and subsequent fiscal years of a multiyear project to be funded in whole or in part using project funds, the unit of National Forest System land or Bureau of Land Management District concerned shall use the amount of project funds required to continue the project in that fiscal year according to the agreement entered into under subsection (a).

(B)The Secretary concerned shall suspend work on the project if the project funds required by the agreement in the second and subsequent fiscal years are not available.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 206 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

2025—Subsec. (b)(2). Pub. L. 119–58 struck out comma after “District concerned”.

§7126 Use of Project Funds