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

(a)

Agreement regarding schedule and cost of project

(1)

Agreement between parties

section 7123(a) of this title section 7123(a)(2) of this titleThe Secretary concerned may carry out a project submitted by a resource advisory committee under using project funds or other funds described in , 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

section 7123(a)(2) of this titleAs 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 , 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)

section 7123(a)(2) of this title 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 ; or

(B)

section 7123(a)(2) of this title in the case of a multiyear project, the amount specified in the agreement to be paid using project funds, or other funds described in for the first fiscal year.

(2)

Condition on project commencement

section 7123(a)(2) of this titleThe 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 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.

Pub. L. 106–393, title II, § 206 Pub. L. 110–343, div. C, title VI, § 601(a)Oct. 3, 2008122 Stat. 3907 Pub. L. 119–58, § 4(b)Dec. 18, 2025139 Stat. 716(, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

section 206 of Pub. L. 106–393 section 500 of this title Pub. L. 110–343, div. C, title VI, § 601(a)Oct. 3, 2008122 Stat. 3893A prior was set out in a note under prior to repeal by , , .

Amendments

Pub. L. 119–582025—Subsec. (b)(2). struck out comma after “District concerned”.