TITLE 16 - US CODE - SUBCHAPTER II - SPECIAL PROJECTS ON FEDERAL LAND

16 USC 7121 - Definitions

In this subchapter:
(1) 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.
(2) Project funds 
The 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 committee 
The 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 plan 
The 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 USC 7122 - General limitation on use of project funds

(a) Limitation 
Project funds shall be expended solely on projects that meet the requirements of this subchapter.
(b) Authorized uses 
Project 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">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.

16 USC 7123 - Submission of project proposals

(a) Submission of project proposals to Secretary concerned 

(1) Projects funded using project funds 
Not later than 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 2011, 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 funds 
A 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 projects 
Participating 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 projects 
In 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,[1] 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 projects 
Projects proposed under subsection (a) shall be consistent with section 7101 of this title.
[1] So in original.

16 USC 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 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 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 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 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 subchapter.
(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 review 
Notwithstanding 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 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 approved 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 governments, private and nonprofit">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 authorized by paragraph (1) the Secretary concerned 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 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.
(3) Merchantable timber contracting pilot program 

(A) Establishment 
The Secretary concerned shall establish a pilot program to implement a certain percentage of approved projects involving the sale of merchantable timber using separate contracts for
(i) the harvesting or collection of merchantable timber; and
(ii) the sale of the timber.
(B) Annual percentages 
Under the pilot program, the Secretary concerned shall ensure that, on a nationwide basis, not less than the following percentage of all approved projects involving the sale of merchantable timber are implemented using separate contracts:
(i) For fiscal year 2008, 35 percent.
(ii) For fiscal year 2009, 45 percent.
(iii) For each of fiscal years 2010 and 2011, 50 percent.
(C) Inclusion in pilot program 
The decision whether to use separate contracts to implement a project involving the sale of merchantable timber shall be made by the Secretary concerned after the approval of the project under this subchapter.
(D) Assistance 

(i) In general The Secretary concerned may use funds from any appropriated account available to the Secretary for the Federal land to assist in the administration of projects conducted under the pilot program.
(ii) Maximum amount of assistance The total amount obligated under this subparagraph may not exceed $1,000,000 for any fiscal year during which the pilot program is in effect.
(E) Review and report 

(i) Initial report Not later than September 30, 2010, the Comptroller General shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives a report assessing the pilot program.
(ii) Annual report The Secretary concerned shall submit to the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate and the Committees on Agriculture and Natural Resources of the House of Representatives an annual report describing the results of the pilot program.
(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.

16 USC 7125 - Resource advisory committees

(a) Establishment and purpose of resource advisory 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 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 committees 
To 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,[1] establish 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 requirements of this section, a resource advisory committee established before September 29, 2006, or an advisory committee determined by the Secretary concerned before September 29, 2006, 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) Charter 
A charter for a committee described in subparagraph (A) that was filed on or before September 29, 2006, shall be considered to be filed for purposes of this chapter.
(C) Bureau of land management advisory committees 
The 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) Duties 
A 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 general 
The Secretary concerned,[1] shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.
(B) Reappointment 
The Secretary concerned may reappoint members to subsequent 4-year terms.
(2) Basic requirements 
The Secretary concerned shall ensure that each resource advisory committee established meets the requirements of subsection (d).
(3) Initial appointment 
Not later than 180 days after October 3, 2008, the Secretary concerned shall make initial appointments to the resource advisory committees.
(4) Vacancies 
The Secretary concerned shall make appointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred.
(5) Compensation 
Members of the resource advisory committees shall not receive any compensation.
(d) Composition of advisory committee 

(1) Number 
Each resource advisory committee shall be comprised of 15 members.
(2) Community interests represented 
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 representation 
In 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 distribution 
The members of a resource advisory committee shall reside within the State in which the committee has jurisdiction and, to extent[2] practicable, the Secretary concerned shall ensure local representation in each category in paragraph (2).
(5) Chairperson 
A majority on each resource advisory committee shall select the chairperson of the committee.
(e) Approval procedures 

(1) In general 
Subject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this subchapter.
(2) Quorum 
A quorum must be present to constitute an official meeting of the committee.
(3) Approval by majority of members 
A 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 assistance 
A 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) Meetings 
All 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) Records 
A resource advisory committee shall maintain records of the meetings of the committee and make the records available for public inspection.
[1] So in original. The comma probably should not appear.
[2] So in original. Probably should be preceded by “the”.

16 USC 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 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 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 
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 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 commencement 
The unit of National Forest System land or Bureau of Land Management District concerned,[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 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.
[1] So in original. The comma probably should not appear.

16 USC 7127 - Availability of project funds

(a) Submission of proposed projects to obligate funds 
By September 30, 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 2011, 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 funds 
Subject 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 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 unobligated project funds related to the project to the participating county or counties that reserved 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 subparagraph (B) or (C)(i) of section 7112 (d)(1) of this title.

16 USC 7128 - Termination of authority

(a) In general 
The authority to initiate projects under this subchapter shall terminate on September 30, 2011.
(b) Deposits in Treasury 
Any project funds not obligated by September 30, 2012, shall be deposited in the Treasury of the United States.