16 U.S.C. § 7126 — Use of project funds

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, title VIII, § 8702, Dec. 20, 2018, 132 Stat. 4875; Pub. L. 116–94, div. I, title III, § 301(b)(1), Dec. 20, 2019, 133 Stat. 3021; Pub. L. 117–58, div. D, title XII, § 41202(c), (d)(1), Nov. 15, 2021, 135 Stat. 1132, 1134.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(4)(B) and (b)(3), 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. CODIFICATION October 3, 2008, referred to in subsec. (c)(3), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 110–343, which enacted this section, to reflect the prob- able intent of Congress. PRIOR PROVISIONS A prior section 205 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)(4)(A), (B). Pub. L. 117–58, § 41202(d)(1), substituted ‘‘December 20, 2023’’ for ‘‘December 20, 2021’’ wherever appearing. Subsec. (g). Pub. L. 117–58, § 41202(c), added subsec. (g) and struck out former subsec. (g) which related to the regional appointment pilot program. 2019—Subsec. (a)(4)(A), (B). Pub. L. 116–94 substituted ‘‘December 20, 2021’’ for ‘‘September 29, 2018’’ wherever appearing. 2018—Subsec. (a)(4)(A), (B). Pub. L. 115–141 substituted ‘‘2018’’ for ‘‘2012’’ wherever appearing. Subsec. (d)(1). Pub. L. 115–334, § 8702(1)(A), substituted ‘‘Except as provided in paragraph (6), each’’ for ‘‘Each’’. Subsec. (d)(2). Pub. L. 115–334, § 8702(1)(B), substituted ‘‘Except as provided in paragraph (6), committee’’ for ‘‘Committee’’ in introductory provisions. Subsec. (d)(6). Pub. L. 115–334, § 8702(1)(C), added par. (6). Subsec. (g). Pub. L. 115–334, § 8702(2), added subsec. (g). 2013—Subsec. (a)(4)(A), (B). Pub. L. 113–40 substituted ‘‘2012’’ for ‘‘2011’’ wherever appearing. 2012—Subsec. (a)(4)(A), (B). Pub. L. 112–141 substituted ‘‘2011’’ for ‘‘2006’’ wherever appearing. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 7126. Use of project funds (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 com- mittee under section 7123(a) of this title using project funds or other funds described in sec- tion 7123(a)(2) of this title, if, as soon as prac- ticable after the issuance of a decision docu- ment 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 Sec- retary 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 Page 2685 TITLE 16—CONSERVATION § 7127 1 So in original. The comma probably should not appear. 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 sec- tion 7123(a)(2) of this title, the Secretary con- cerned 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; or (B) in the case of a multiyear project, the amount specified in the agreement to be paid using project funds, or other funds de- scribed in section 7123(a)(2) of this title for the first fiscal year. (2) Condition on project commencement The unit of National Forest System land or Bureau of Land Management District con- cerned,1 shall not commence a project until the project funds, or other funds described in section 7123(a)(2) of this title required to be transferred under paragraph (1) for the project, have been made available by the Sec- retary 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 ac- cording 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 re- quired by the agreement in the second and subsequent fiscal years are not available. (Pub. L. 106–393, title II, § 206, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3907.) Editorial Notes PRIOR PROVISIONS A prior section 206 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. § 7127. Availability of project funds (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 pursu- ant 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 par- ticipating county in the preceding fiscal year. (b) Use or transfer of unobligated funds Subject to section 7128 of this title, if a re- source advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the pre- ceding 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, 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 unobli- gated project funds related to the project to the participating county or counties that re- served the funds. (2) Expenditure of funds The returned funds shall be available for the county to expend in the same manner as the funds reserved by the county under subpara- graph (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1) of this title. (Pub. L. 106–393, title II, § 207, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3908; 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)(D), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(3), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(3), Mar. 23, 2018, 132 Stat. 1079.) 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 ‘‘sub- paragraph (B)(i), (B)(ii),’’ for ‘‘subparagraph (B)’’. 2015—Subsec. (a). 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