16 U.S.C. § 7127 — Availability of project funds

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 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)(B), substituted ‘‘2023’’ for ‘‘2021’’. 2018—Subsec. (a). Pub. L. 115–141, § 401(b)(4)(A), sub- stituted ‘‘2020’’ for ‘‘2017’’. Subsec. (b). Pub. L. 115–141, § 401(b)(4)(B), substituted ‘‘2021’’ for ‘‘2018’’. 2015—Subsec. (a). Pub. L. 114–10, § 524(c)(4)(A), sub- stituted ‘‘2017’’ for ‘‘2013’’. Subsec. (b). Pub. L. 114–10, § 524(c)(4)(B), substituted ‘‘2018’’ for ‘‘2014’’. 2013—Subsec. (a). Pub. L. 113–40, § 10(a)(2)(E)(i), sub- stituted ‘‘2013’’ for ‘‘2012’’. Subsec. (b). Pub. L. 113–40, § 10(a)(2)(E)(ii), substituted ‘‘2014’’ for ‘‘2013’’. 2012—Subsec. (a). Pub. L. 112–141, § 100101(a)(2), sub- stituted ‘‘2012’’ for ‘‘2011’’. Subsec. (b). Pub. L. 112–141, § 100101(a)(8), substituted ‘‘2013’’ for ‘‘2012’’. 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. SUBCHAPTER III—COUNTY FUNDS § 7141. Definitions In this subchapter: (1) County funds The term ‘‘county 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. (2) 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. (Pub. L. 106–393, title III, § 301, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3909.) Editorial Notes PRIOR PROVISIONS A prior section 301 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. § 7142. Use (a) Authorized uses A participating county, including any applica- ble agencies of the participating county, shall use county funds, in accordance with this sub- chapter, only— (1) to carry out activities under the Firewise Communities program to provide to home- owners in fire-sensitive ecosystems education on, and assistance with implementing, tech- niques in home siting, home construction, and home landscaping that can increase the pro- tection of people and property from wildfires; (2) to reimburse the participating county for search and rescue and other emergency serv- ices, including firefighting and law enforce- ment patrols, that are— (A) performed on Federal land after the date on which the use was approved under subsection (b); and (B) paid for by the participating county; (3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2); (4) to develop and carry out community wildfire protection plans in coordination with the appropriate Secretary concerned; and (5) to provide or expand access to— (A) broadband telecommunications serv- ices at local schools; or (B) the technology and connectivity nec- essary for students to use a digital learning tool at or outside of a local school campus. (b) Proposals A participating county shall use county funds for a use described in subsection (a) only after a 45-day public comment period, at the beginning of which the participating county shall— (1) publish in any publications of local record a proposal that describes the proposed use of the county funds; and