16 U.S.C. § 7123 — Submission of project proposals

Page 2679 TITLE 16—CONSERVATION § 7123 thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. SUBCHAPTER II—SPECIAL PROJECTS ON FEDERAL LAND § 7121. Definitions In this subchapter: (1) Participating county The term ‘‘participating county’’ means an eligible county that elects under section 7112(d) of this title to expend a portion of the Federal funds received under section 7112 of this title 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 to reserve for expenditure in accord- ance 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; or (B) an advisory committee determined by the Secretary concerned to meet the re- quirements of section 7125 of this title. (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 pursuant to section 1712 of title 43; or (B) a land and resource management plan prepared by the Forest Service for units of the National Forest System pursuant to sec- tion 1604 of this title. (Pub. L. 106–393, title II, § 201, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3900.) Editorial Notes PRIOR PROVISIONS A prior section 201 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. § 7122. General limitation on use of project funds (a) Limitation Project funds shall be expended solely on projects that meet the requirements of this sub- chapter. (b) Authorized uses Project funds may be used by the Secretary concerned for the purpose of entering into and implementing cooperative agreements with will- ing Federal agencies, State and local govern- ments, private and nonprofit entities, and land- owners for protection, restoration, and enhance- ment of fish and wildlife habitat, and other re- source objectives consistent with the purposes of this chapter on Federal land and on non-Fed- eral land where projects would benefit the re- sources on Federal land. (c) Administrative expenses A resource advisory committee may, in ac- cordance with section 7123 of this title, propose to use not more than 10 percent of the project funds of an eligible county for any fiscal year for administrative expenses associated with op- erating the resource advisory committee under this subchapter. (Pub. L. 106–393, title II, § 202, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3901; amended Pub. L. 112–141, div. F, title I, § 100101(a)(5), July 6, 2012, 126 Stat. 906.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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 202 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 2012—Subsec. (c). Pub. L. 112–141 added subsec. (c). § 7123. Submission of project proposals (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 Sec- retary concerned a description of any projects that the resource advisory committee pro- poses the Secretary undertake using any project funds reserved by eligible counties in the area in which the resource advisory com- mittee 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 appro- priated 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 ad- visory committee established under section 7125 of this title. (b) Required description of projects In submitting proposed projects to the Sec- retary concerned under subsection (a), a re- source advisory committee shall include in the description of each proposed project the fol- lowing information: Page 2680 TITLE 16—CONSERVATION § 7124 1 So in original. (1) The purpose of the project and a descrip- tion 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 other funds. (5)(A) Expected outcomes, including how the project will meet or exceed desired ecological conditions, maintenance objectives, or stew- ardship objectives. (B) An estimate of the amount of any tim- ber, forage, and other commodities and other economic activity, including jobs generated, if any, anticipated as part of the project. (6) A detailed monitoring plan, including funding needs and sources, that— (A) tracks and identifies the positive or negative impacts of the project, implemen- tation,1 and provides for validation moni- toring; and (B) includes an assessment of the fol- lowing: (i) Whether or not the project met or ex- ceeded desired ecological conditions; cre- ated local employment or training oppor- tunities, including summer youth jobs pro- grams such as the Youth Conservation Corps where appropriate. (ii) Whether the project improved the use of, or added value to, any products re- moved from land consistent with the pur- poses of this subchapter. (7) An assessment that the project is to be in the public interest. (c) Authorized projects Projects proposed under subsection (a) shall be consistent with section 7101 of this title. (Pub. L. 106–393, title II, § 203, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3901; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(2)(A), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(1), Apr. 16, 2015, 129 Stat. 180.) Editorial Notes PRIOR PROVISIONS A prior section 203 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 2015—Subsec. (a)(1). Pub. L. 114–10 substituted ‘‘Sep- tember 30 of each fiscal year (or a later date specified by the Secretary concerned for the fiscal year)’’ for ‘‘September 30 for fiscal year 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)(1). Pub. L. 113–40 substituted ‘‘2013’’ for ‘‘2012’’. 2012—Subsec. (a)(1). Pub. L. 112–141 substituted ‘‘2012’’ for ‘‘2011’’. § 7124. Evaluation and approval of projects by Secretary concerned (a) Conditions for approval of proposed project The Secretary concerned may make a decision to approve a project submitted by a resource ad- visory committee under section 7123 of this title 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 appli- cable resource management plan and with any watershed or subsequent plan developed pursu- ant to the resource management plan and ap- proved by the Secretary concerned. (3) The project has been approved by the re- source advisory committee in accordance with section 7125 of this title, including the proce- dures issued under subsection (e) of that sec- tion. (4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with sec- tion 7123 of this title. (5) The project will improve the mainte- nance 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 pur- pose, 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 sub- chapter. (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. (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 re- view Notwithstanding any other provision of law, a decision by the Secretary concerned