PRIA, Government Policy, Made Personal

Summary

The Secretary may carry out a project proposed by a resource advisory committee using project funds or other funds allowed under section 7123(a)(2) if the project decision is final and all appeals are finished. Before work starts, the Secretary and the committee must sign an agreement that sets the project schedule, the total cost including agency overhead, the cost expected for each fiscal year for multiyear projects, and what happens if the Secretary fails to follow the agreement under current Federal law. The Secretary may also choose to pay part of a project with other Federal money available for the same purpose. After the agreement, the Secretary must send project funds to the relevant National Forest unit or BLM District. For a one-year project, the full agreed amount must be sent. For a multiyear project, the amount for the first fiscal year must be sent before work can begin. The unit cannot start until those funds are available. For later years, the unit must use the funds as the agreement requires, and the Secretary must suspend work if the funds for later years are not provided.

Title 16, §7126

Conservation, Source: USLM XML via OLRC

(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

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)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

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)Subsequent transfers for multiyear projects

(A)In general

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)Suspension of work

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