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16 U.S.C. § 7126 — Evaluation and approval of projects by Secretary concerned
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions for approval of proposed project** The Secretary concerned may make a decision to approve a project submitted by a resource advisory committee under [section 7123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123&num=0&edition=prelim).
(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) Environmental reviews**
(1) **Request for payment by county** — 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) **Conduct of environmental review**
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Source file: Laws/federal/codes/united-states-code/title-16/section-7126-evaluation-and-approval-of-projects-by-secretary-concerned--ceb9643f67.md
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Source location: Title 16, Chapter 90, § 7126; chapter-090-secure-rural-schools-and-community-self-determination.md
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**(a) Conditions for approval of proposed project** The Secretary concerned may make a decision to approve a project submitted by a resource advisory committee under [section 7123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123&num=0&edition=prelim).
(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) Environmental reviews**
(1) **Request for payment by county** — 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) **Conduct of environmental review** — 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) **Effect of refusal to pay**
(A) *In general* — 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) *Effect of withdrawal* — A withdrawal under subparagraph (A) shall be deemed to be a rejection of the project for purposes of [section 7127(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7127/c&num=0&edition=prelim).
**(c) Decisions of Secretary concerned**
(1) **Rejection of projects**
(A) *In general* — A decision by the Secretary concerned to reject a proposed project shall be at the sole discretion of the Secretary concerned.
(B) *No administrative appeal or judicial review* — 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) *Notice of rejection* — 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) **Notice of project approval** — 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) Source and conduct of project** Once the Secretary concerned accepts a project for review under [section 7123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123&num=0&edition=prelim), the acceptance shall be deemed a Federal action for all purposes.
**(e) Implementation of approved projects**
(1) **Cooperation** — 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) **Best value contracting**
(A) *In general* — 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) *Factors* — 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) Requirements for project funds** 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Participating county** — The term “participating county” means an eligible county that elects under [section 7112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112/d&num=0&edition=prelim) to expend a portion of the Federal funds received under [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112&num=0&edition=prelim) in accordance with this subchapter.
(2) **Project funds** — The term “project funds” means all funds an eligible county elects under [section 7112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112/d&num=0&edition=prelim) to reserve for expenditure in accordance with this subchapter.
(3) **Resource advisory committee** — The term “resource advisory committee” means—
(A) an advisory committee established by the Secretary concerned under [section 7125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim); or
(B) an advisory committee determined by the Secretary concerned to meet the requirements of [section 7125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim).
(4) **Resource management plan** — The term “resource management plan” means—
(A) a land use plan prepared by the Bureau of Land Management for units of the Federal land described in [section 7102(7)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7102/7/B&num=0&edition=prelim) pursuant to [section 1712 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim); or
(B) a land an
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7123
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of project proposals to Secretary concerned**
(1) **Projects funded using project funds** — Not later than September 30 of each fiscal year (or a later date specified by the Secretary concerned for the fiscal year), each resource advisory committee shall submit to the Secretary concerned a description of any projects that the resource advisory committee proposes the Secretary undertake using any project funds reserved by eligible counties in the area in which the resource advisory committee has geographic jurisdiction.
(2) **Projects funded using other funds** — A resource advisory committee may submit to the Secretary concerned a description of any projects that the committee proposes the Secretary undertake using funds from State or local governments, or from the private sector, other than project funds and funds appropriated and otherwise available to do similar work.
(3) **Joint projects** — Participating counties or other persons may propose to pool project funds or other funds, described in paragraph (2), and jointly propose a project or group of projects to a resource advisory committee established under [section 7125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim).
**(b) Required description of projects** In submitting proposed projects to the Secretary concerned under subsection (a), a resource advisory committee shall include in the description of each proposed project the following information:
(1) The purpose of the project and a description of how the project will meet the purposes of this subchapter.
(2) The anticipated duration of the project.
(3) The anticipated cost of the project.
(4) The proposed source of funding for the project, whether project funds or ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7125
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Federal law — U.S. Code and appendices · legal_authorities
On and after May 23, 1908, an amount equal to the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years from each national forest shall be paid, at the end of such year, by the Secretary of the Treasury to the State or Territory in which such national forest is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State or Territory or county the distributive share to each from the proceeds of such forest shall be proportional to its area therein. In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber. Beginning October 1, 1976, the term “moneys received” shall include all collections under the Act of June 9, 1930, and all amounts earned or allowed any purchaser of national forest timber and other forest products within such State as purchaser credits, for the construction of roads on the National Forest Transportation System within such national forests or parts thereof in connection with any Forest Service timber sales contract. The Secretary of Agriculture shall, from time to time as he goes through his process of developing the budget revenue estimates, make available to the States his current projections of revenues and payments estimated to be made under the Act of May 23, 1908, as amended, or any other special Acts making payments in lieu of taxes, for their use for local budget planning purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 500
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relation to other appropriations** Funds made available under [section 7152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7152&num=0&edition=prelim) and funds made available to a Secretary concerned under [section 7126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7126&num=0&edition=prelim) shall be in addition to any other annual appropriations for the Forest Service and the Bureau of Land Management.
**(b) Deposit of revenues and other funds** All revenues generated from projects pursuant to subchapter II, including any interest accrued from the revenues, shall be deposited in the Treasury of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7102
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Federal law — U.S. Code and appendices · legal_authorities
Page 2684
TITLE 16—CONSERVATION
§ 7126
(C) Automatic appointment
If the Secretary concerned does not act on
a nomination in accordance with subpara-
graph (B) by the date described in that sub-
paragraph, the nominee shall be deemed ap-
pointed to the applicable resource advisory
committee.
(D) Geographic limitation
The national pilot program shall apply to
a resource advisory committee chartered in
any State other than—
(i) the State of Montana; or
(ii) the State of Arizona.
(E) Savings clause
Nothing in this paragraph relieves the Sec-
retary concerned from any requirement re-
lating to an appointment to a resource advi-
sory committee, including any requirement
with respect to civil rights or advertising a
vacancy.
(5) Termination of effectiveness
The authority provided under this sub-
section terminates on October 1, 2023.
(6) Report to Congress
Not later 180 days after the date described in
paragraph (5), the Secretary concerned shall
submit to Congress a report that includes—
(A) with respect to appointments made
under the regional pilot program compared
to appointments made under the national
pilot program, a description of the extent to
which—
(i) appointments were faster or slower;
and
(ii) the requirements described in para-
graph (3)(C)(i) differ; and
(B) a recommendation with respect to
whether Congress should terminate, con-
tinue, modify, or expand the pilot programs.
(Pub. L. 106–393, title II, § 205, as added Pub. L.
110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122
Stat. 3905; amended Pub. L. 112–141, div. F, title
I, § 100101(a)(7), July 6, 2012, 126 Stat. 906; Pub. L.
113–40, § 10(a)(2)(C), Oct. 2, 2013, 127 Stat. 545;
Pub. L. 115–141, div. O, title IV, § 401(b)(2), Mar.
23, 2018, 132 Stat. 1079; Pub. L. 115–334, t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 7126
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.