§ 7126. Use of project funds

Statutory text

Agreement regarding schedule and cost of project

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:

The schedule for completing the project.

The total cost of the project, including the level of agency overhead to be assessed against the project.

For a multiyear project, the estimated cost of the project for each of the fiscal years in which it will be carried out.

The remedies for failure of the Secretary concerned to comply with the terms of the agreement consistent with current Federal law.

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.

Transfer of project funds

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—

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

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.

Condition on project commencement

The 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.

Subsequent transfers for multiyear projects

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).

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2008
Secure Rural Schools and Community Self-Determination Act of 2000
Pub. L. 106–393 title II § 206 · 114 Stat. 1607
Enacted · 16 U.S.C. § 7126
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
Source evidence
Code source credit
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
Enacted provision · exact public law section
SEC. 206. 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 203(a) using project funds or other funds described in section 203(a)(2), 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 Secretary’s sole discretion, 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 203(a)(2), the Secretary concerned shall transfer to the applicable unit of National Forest System lands or BLM 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 203(a)(2); 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 203(a)(2) for the first fiscal year. (2) Condition on project commencement.— The unit of National Forest System lands or BLM District concerned, shall not commence a project until the project funds, or other funds described in section 203(a)(2) required to be transferred under paragraph (1) for the project, have been made available by the Secretary concerned. (3) Subsequent transfers for multiyear projects.— 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 lands or BLM 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). 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.
2025
Pub. L. 119–58 § 4(b) · 139 Stat. 716
Struck · 16 U.S.C. § 7126(b)(2)
Pub. L. 119–58 struck out comma after “District concerned”
Unresolved: Pub. L. 119–58 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 119–58 struck out comma after “District concerned”.

1 of 2 references resolved to an enrolled provision · 1 unresolved

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.

Amendments

2025—Subsec. (b)(2). Pub. L. 119–58 struck out comma after “District concerned”.

Credits

2008–2025 · 2 acts

2008Pub. L. 106–393, title II, § 206, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3907
2025amended Pub. L. 119–58, § 4(b), Dec. 18, 2025, 139 Stat. 716.

Show as published

(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; amended Pub. L. 119–58, § 4(b), Dec. 18, 2025, 139 Stat. 716.)