USC Subchapter II

USC Subchapter II
in effect

16 U.S.C. § 7121 Definitions

In this subchapter: (1) Participating countyThe 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 fundsThe term “project funds” means all funds an eligible county elects under section 7112(d) of this title to reserve for expenditure in accordance with this subchapter. (3) Resource advisory committeeThe 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 requirements of section 7125 of this title. (4) Resource management planThe 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 section 1604 of this title.

16 U.S.C. § 7122 General limitation on use of project funds

(a) LimitationProject funds shall be expended solely on projects that meet the requirements of this subchapter. (b) Authorized usesProject funds may be used by the Secretary concerned for the purpose of entering into and implementing cooperative agreements with willing Federal agencies, State and local governments, private and nonprofit entities, and landowners for protection, restoration, and enhancement of fish and wildlife habitat, and other resource objectives consistent with the purposes of this chapter on Federal land and on non-Federal land where projects would benefit the resources on Federal land. (c) Administrative expensesA resource advisory committee may, in accordance 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 operating the resource advisory committee under this subchapter.

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

(a) Submission of project proposals to Secretary concerned(1) Projects funded using project fundsNot 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 Secretary concerned a description of any projects that the resource advisory committee proposes the Secretary undertake using any project funds reserved by eligible counties in the area in which the resource advisory committee has geographic jurisdiction. (2) Projects funded using other fundsA 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 appropriated and otherwise available to do similar work. (3) Joint projectsParticipating 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 advisory committee established under section 7125 of this title. (b) Required description of projectsIn submitting proposed projects to the Secretary concerned under subsection (a), a resource advisory committee shall include in the description of each proposed project the following information:(1) The purpose of the project and a description 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 stewardship objectives. (B) An estimate of the amount of any timber, 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, implementation,11 So in original. and provides for validation monitoring; and (B) includes an assessment of the following:(i) Whether or not the project met or exceeded desired ecological conditions; created local employment or training opportunities, including summer youth jobs programs such as the Youth Conservation Corps where appropriate. (ii) Whether the project improved the use of, or added value to, any products removed from land consistent with the purposes of this subchapter. (7) An assessment that the project is to be in the public interest. (c) Authorized projectsProjects proposed under subsection (a) shall be consistent with section 7101 of this title.

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

(a) Conditions for approval of proposed projectThe Secretary concerned may make a decision to approve a project submitted by a resource advisory 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 applicable resource management plan and with any watershed or subsequent plan developed pursuant to the resource management plan and approved by the Secretary concerned. (3) The project has been approved by the resource advisory committee in accordance with section 7125 of this title, including the procedures issued under subsection (e) of that section. (4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with section 7123 of this title. (5) The project will improve the maintenance 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 countyThe 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 reviewIf a payment is requested under paragraph (1) and the resource advisory committee agrees to the expenditure of funds for this purpose, 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 generalIf 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 subchapter. (B) Effect of withdrawalA 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 generalA 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 reviewNotwithstanding any other provision of law, a decision by the Secretary concerned to reject a proposed project shall not be subject to administrative appeal or judicial review. (C) Notice of rejectionNot 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 approvalThe Secretary concerned shall publish in the Federal Register notice of each project approved under subsection (a) if the notice would be required had the project originated with the Secretary. (d) Source and conduct of projectOnce 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) CooperationNotwithstanding chapter 63 of title 31, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local governments, 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 generalFor any project involving a contract authorized by paragraph (1) the Secretary concerned may elect a source for performance of the contract on a best value basis. (B) FactorsThe Secretary concerned shall determine best value based on such factors as—(i) the technical demands and complexity 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 contractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding desired ecological conditions; and (iv) the commitment of the contractor to hiring highly qualified workers and local residents. (f) Requirements for project fundsThe 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.

16 U.S.C. § 7125 Resource advisory committees

(a) Establishment and purpose of resource advisory committees(1) EstablishmentThe Secretary concerned shall establish and maintain resource advisory committees to perform the duties in subsection (b), except as provided in paragraph (4). (2) PurposeThe purpose of a resource advisory committee shall be—(A) to improve collaborative relationships; and (B) to provide advice and recommendations to the land management agencies consistent with the purposes of this subchapter. (3) Access to resource advisory committeesTo ensure that each unit of Federal land has access to a resource advisory committee, and that there is sufficient interest in participation on a committee to ensure that membership can be balanced in terms of the points of view represented and the functions to be performed, the Secretary concerned may,11 So in original. The comma probably should not appear. establish resource advisory committees for part of, or 1 or more, units of Federal land. (4) Existing advisory committees(A) In generalAn advisory committee that meets the requirements of this section, a resource advisory committee established before December 20, 2023, or an advisory committee determined by the Secretary concerned before December 20, 2023, to meet the requirements of this section may be deemed by the Secretary concerned to be a resource advisory committee for the purposes of this subchapter. (B) CharterA 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. (C) Bureau of land management advisory committeesThe Secretary of the Interior may deem a resource advisory committee meeting the requirements of subpart 1784 of part 1780 of title 43, Code of Federal Regulations, as a resource advisory committee for the purposes of this subchapter. (b) DutiesA resource advisory committee shall—(1) review projects proposed under this subchapter by participating counties and other persons; (2) propose projects and funding to the Secretary concerned under section 7123 of this title; (3) provide early and continuous coordination with appropriate land management agency officials in recommending projects consistent with purposes of this chapter under this subchapter; (4) provide frequent opportunities for citizens, organizations, tribes, land management agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of the project development process under this subchapter; (5)(A) monitor projects that have been approved under section 7124 of this title; and (B) advise the designated Federal official on the progress of the monitoring efforts under subparagraph (A); and (6) make recommendations to the Secretary concerned for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee. (c) Appointment by the Secretary(1) Appointment and term(A) In generalThe Secretary concerned shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment. (B) ReappointmentThe Secretary concerned may reappoint members to subsequent 4-year terms. (2) Basic requirementsThe Secretary concerned shall ensure that each resource advisory committee established meets the requirements of subsection (d). (3) Initial appointmentNot later than 180 days after October 3, 2008, the Secretary concerned shall make initial appointments to the resource advisory committees. (4) VacanciesThe Secretary concerned shall make appointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred. (5) CompensationMembers of the resource advisory committees shall not receive any compensation. (d) Composition of advisory committee(1) NumberExcept as provided in paragraph (6), each resource advisory committee shall be comprised of 15 members. (2) Community interests representedExcept as provided in paragraph (6), committee members shall be representative of the interests of the following 3 categories:(A) 5 persons that—(i) represent organized labor or non-timber forest product harvester groups; (ii) represent developed outdoor recreation, off highway vehicle users, or commercial recreation activities; (iii) represent—(I) energy and mineral development interests; or (II) commercial or recreational fishing interests; (iv) represent the commercial timber industry; or (v) hold Federal grazing or other land use permits, or represent nonindustrial private forest land owners, within the area for which the committee is organized. (B) 5 persons that represent—(i) nationally recognized environmental organizations; (ii) regionally or locally recognized environmental organizations; (iii) dispersed recreational activities; (iv) archaeological and historical interests; or (v) nationally or regionally recognized wild horse and burro interest groups, wildlife or hunting organizations, or watershed associations. (C) 5 persons that—(i) hold State elected office (or a designee); (ii) hold county or local elected office; (iii) represent American Indian tribes within or adjacent to the area for which the committee is organized; (iv) are school officials or teachers; or (v) represent the affected public at large. (3) Balanced representationIn appointing committee members from the 3 categories in paragraph (2), the Secretary concerned shall provide for balanced and broad representation from within each category. (4) Geographic distributionThe members of a resource advisory committee shall reside within the State in which the committee has jurisdiction and, to the extent practicable, the Secretary concerned shall ensure local representation in each category in paragraph (2). (5) ChairpersonA majority on each resource advisory committee shall select the chairperson of the committee. (6) Committee composition waiver authority(A) NoticeOn notice from the applicable regional forester that an adequate number of qualified candidates are not interested or available to serve on a resource advisory committee, the Secretary concerned shall publish a notice in the Federal Register seeking candidates for the resource advisory committee. (B) Modification of membership requirementsIf, by the date that is 30 days after the date of publication of notice under subparagraph (A), an inadequate number of qualified candidates have applied to serve on a resource advisory committee, the Secretary concerned may reduce—(i) the membership requirement under paragraph (1) to not fewer than 9; and (ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each category described in that paragraph, except that where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category. (C) Termination of authorityThe authority provided under this paragraph terminates on October 1, 2026. (e) Approval procedures(1) In generalSubject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this subchapter. (2) QuorumA quorum must be present to constitute an official meeting of the committee. (3) Approval by majority of membersA project may be proposed by a resource advisory committee to the Secretary concerned under section 7123(a) of this title, if the project has been approved by a majority of members of the committee from each of the 3 categories in subsection (d)(2). (f) Other committee authorities and requirements(1) Staff assistanceA resource advisory committee may submit to the Secretary concerned a request for periodic staff assistance from Federal employees under the jurisdiction of the Secretary. (2) MeetingsAll meetings of a resource advisory committee shall be announced at least 1 week in advance in a local newspaper of record and shall be open to the public. (3) RecordsA resource advisory committee shall maintain records of the meetings of the committee and make the records available for public inspection. (g) Resource advisory committee appointment pilot programs(1) DefinitionsIn this subsection:(A) Applicable designeeThe term “applicable designee” means the applicable regional forester. (B) National pilot programThe term “national pilot program” means the national pilot program established under paragraph (4)(A). (C) Regional pilot programThe term “regional pilot program” means the regional pilot program established under paragraph (3)(A). (2) Establishment of pilot programsIn accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees. (3) Regional pilot program(A) In generalThe Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees. (B) Geographic limitationThe regional pilot program shall only apply to resource advisory committees chartered in—(i) the State of Montana; and (ii) the State of Arizona. (C) Responsibilities of applicable designee(i) ReviewBefore appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. (ii) Savings clauseNothing in this paragraph relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy. (4) National pilot program(A) In generalThe Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees. (B) AppointmentUnder the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall—(i) appoint the nominee to the applicable resource advisory committee; or (ii) reject the nomination. (C) Automatic appointmentIf the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the applicable resource advisory committee. (D) Geographic limitationThe 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 clauseNothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. (5) Termination of effectivenessThe authority provided under this subsection terminates on October 1, 2026.

16 U.S.C. § 7126 Use of project funds

(a) Agreement regarding schedule and cost of project(1) Agreement between partiesThe Secretary concerned may carry out a project submitted by a resource advisory committee under section 7123(a) of this title using project funds or other funds described in section 7123(a)(2) of this title, 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 fundsThe 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 requiredAs 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 section 7123(a)(2) of this title, 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) 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 described in section 7123(a)(2) of this title for the first fiscal year. (2) Condition on project commencementThe 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 section 7123(a)(2) of this title 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 generalFor 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 workThe 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.

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

(a) Submission of proposed projects to obligate fundsBy 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 pursuant 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 participating county in the preceding fiscal year. (b) Use or transfer of unobligated fundsSubject to section 7128 of this title, if a resource advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the preceding 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 projectsSubject 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 generalIf an approved project under this chapter is enjoined or prohibited by a Federal court, the Secretary concerned shall return the unobligated project funds related to the project to the participating county or counties that reserved the funds. (2) Expenditure of fundsThe returned funds shall be available for the county to expend in the same manner as the funds reserved by the county under subparagraph (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1) of this title.

16 U.S.C. § 7128 Termination of authority

(a) In generalThe authority to initiate projects under this subchapter shall terminate on September 30, 2028. (b) Deposits in TreasuryAny project funds not obligated by September 30, 2029, shall be deposited in the Treasury of the United States.

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