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16 U.S.C. § 7128 — Use of project funds
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a&num=0&edition=prelim) using project funds or other funds described in [section 7123(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim), 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 [se
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Stable record: federal_law:legal_authorities:record_usc_ff75377cf34c6cb35859f8bf
Source file: Laws/federal/codes/united-states-code/title-16/section-7128-use-of-project-funds--cc0b4c15c4.md
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Source location: Title 16, Chapter 90, § 7128; chapter-090-secure-rural-schools-and-community-self-determination.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a&num=0&edition=prelim) using project funds or other funds described in [section 7123(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/2&num=0&edition=prelim) 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.
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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) Submission of proposed projects to obligate funds** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/a/1&num=0&edition=prelim) 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) Use or transfer of unobligated funds** Subject to [section 7128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7128&num=0&edition=prelim), 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) Effect of rejection of projects** Subject to [section 7128 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7128&num=0&edition=prelim), 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) Effect of court orders**
(1) **In general** — 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 partici
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7141
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Federal law — U.S. Code and appendices · legal_authorities
Page 2686
TITLE 16—CONSERVATION
§ 7128
‘‘September 30, 2008 (or as soon thereafter as the Sec-
retary 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’’.
§ 7128. Termination of authority
(a) In general
The authority to initiate projects under this
subchapter shall terminate on September 30,
2025.
(b) Deposits in Treasury
Any project funds not obligated by September
30, 2026, shall be deposited in the Treasury of the
United States.
(Pub. L. 106–393, title II, § 208, as added Pub. L.
110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122
Stat. 3909; amended Pub. L. 112–141, div. F, title
I, § 100101(a)(2), (8), July 6, 2012, 126 Stat. 905, 906;
Pub. L. 113–40, § 10(a)(2)(E), Oct. 2, 2013, 127 Stat.
545; Pub. L. 114–10, title V, § 524(c)(4), Apr. 16,
2015, 129 Stat. 180; Pub. L. 115–141, div. O, title
IV, § 401(b)(4), Mar. 23, 2018, 132 Stat. 1079; Pub. L.
116–94, div. I, title III, § 301(b)(2), Dec. 20, 2019, 133
Stat. 3021; Pub. L. 117–58, div. D, title XII,
§ 41202(d)(2), Nov. 15, 2021, 135 Stat. 1134.)
Editorial Notes
PRIOR PROVISIONS
A prior section 208 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
2021—Subsec. (a). Pub. L. 117–58, § 41202(d)(2)(A), sub-
stituted ‘‘2025’’ for ‘‘2022’’.
Subsec. (b). Pub. L. 117–58, § 41202(d)(2)(B), substituted
‘‘2026’’ for ‘‘2023’’.
2019—Subsec. (a). Pub. L. 116–94, § 301(b)(2)(A), sub-
stituted ‘‘2022’’ for ‘‘2020’’.
Subsec. (b). Pub. L. 116–94, § 301(b)(2
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 7128
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