§7127 — Title 16 Conservation | U.S. Code

Summary

By September 30 of each fiscal year (or a later date the Secretary sets), a resource advisory committee must give the Secretary, under the process in section 7123(a)(1), enough project proposals that, if approved, would use at least the full amount of the project funds a participating county reserved in the previous fiscal year. If the committee misses that deadline, or if the Secretary rejects one or more proposals, any of the county’s reserved funds that remain unspent roll over and can be used in the next fiscal year’s project submissions unless section 7128 says otherwise. If a Federal court blocks an approved project, the Secretary must return the unspent funds tied to that project to the county or counties that reserved them. Those returned funds may be spent the same ways allowed under subparagraphs (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1).

Title 16, §7127

Conservation — Source: USLM XML via OLRC

(a)By September 30 of each fiscal year (or a later date specified by the Secretary concerned for the fiscal year), a resource advisory committee shall submit to the Secretary concerned pursuant to section 7123(a)(1) of this title a sufficient number of project proposals that, if approved, would result in the obligation of at least the full amount of the project funds reserved by the participating county in the preceding fiscal year.

(b)Subject to section 7128 of this title, if a resource advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the preceding fiscal year and remaining unobligated shall be available for use as part of the project submissions in the next fiscal year.

(c)Subject to section 7128 of this title, any project funds reserved by a participating county in the preceding fiscal year that are unobligated at the end of a fiscal year because the Secretary concerned has rejected one or more proposed projects shall be available for use as part of the project submissions in the next fiscal year.

(d)(1)If an approved project under this chapter is enjoined or prohibited by a Federal court, the Secretary concerned shall return the unobligated project funds related to the project to the participating county or counties that reserved the funds.

(2)The returned funds shall be available for the county to expend in the same manner as the funds reserved by the county under subparagraph (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607, known as the Secure Rural Schools and Community Self-Determination Act of 2000, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 7101 of this title and Tables.

Prior Provisions

A prior section 207 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. (d)(2). Pub. L. 115–141 substituted “subparagraph (B)(i), (B)(ii),” for “subparagraph (B)”. 2015—Subsec. (a). Pub. L. 114–10 substituted “September 30 of each fiscal year (or a later date specified by the Secretary concerned for the fiscal year)” for “September 30, 2008 (or as soon thereafter as the Secretary concerned determines is practicable), and each September 30 thereafter for each succeeding fiscal year through fiscal year 2013”. 2013—Subsec. (a). Pub. L. 113–40 substituted “2013” for “2012”. 2012—Subsec. (a). Pub. L. 112–141 substituted “2012” for “2011”.

§7127 Availability of Project Funds