16 U.S.C. § 7124 — Evaluation and approval of projects by

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 Page 2681 TITLE 16—CONSERVATION § 7125 1 So in original. The comma probably should not appear. to reject a proposed project shall not be sub- ject to administrative appeal or judicial re- view. (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 ap- proved 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, 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 govern- ments, 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 au- thorized by paragraph (1) the Secretary con- cerned 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 com- plexity 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 con- tractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding de- sired 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. (Pub. L. 106–393, title II, § 204, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3902; amended Pub. L. 112–141, div. F, title I, § 100101(a)(6), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(2), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(1), Mar. 23, 2018, 132 Stat. 1079.) Editorial Notes PRIOR PROVISIONS A prior section 204 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. (e)(3). Pub. L. 115–141 struck out par. (3) which established a pilot program to implement projects involving the sale of merchantable timber. 2015—Subsec. (e)(3)(B)(iii). Pub. L. 114–10 substituted ‘‘fiscal year 2010 and fiscal years thereafter’’ for ‘‘each of fiscal years 2010 through 2013’’. 2013—Subsec. (e)(3)(B)(iii). Pub. L. 113–40 substituted ‘‘2013’’ for ‘‘2012’’. 2012—Subsec. (e)(3)(B)(iii). Pub. L. 112–141 substituted ‘‘through 2012’’ for ‘‘and 2011’’. § 7125. Resource advisory committees (a) Establishment and purpose of resource advi- sory committees (1) Establishment The Secretary concerned shall establish and maintain resource advisory committees to perform the duties in subsection (b), except as provided in paragraph (4). (2) Purpose The purpose of a resource advisory com- mittee shall be— (A) to improve collaborative relationships; and (B) to provide advice and recommenda- tions to the land management agencies con- sistent with the purposes of this subchapter. (3) Access to resource advisory committees To ensure that each unit of Federal land has access to a resource advisory committee, and that there is sufficient interest in participa- tion on a committee to ensure that member- ship can be balanced in terms of the points of view represented and the functions to be per- formed, the Secretary concerned may,1 estab- lish resource advisory committees for part of, or 1 or more, units of Federal land. (4) Existing advisory committees (A) In general An advisory committee that meets the re- quirements of this section, a resource advi- sory committee established before December 20, 2023, or an advisory committee deter- mined by the Secretary concerned before De- cember 20, 2023, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory com- mittee for the purposes of this subchapter. (B) Charter A charter for a committee described in subparagraph (A) that was filed on or before December 20, 2023, shall be considered to be filed for purposes of this chapter.