§7121. Definitions — Inbound Citations
16 U.S.C. § 7121
Cited by 90 provisions in release 119-102.
Citations to §7121(1)
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(3) 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.
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(1) review projects proposed under this subchapter by participating counties and other persons;
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(a) 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 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.
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(b) 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.
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(c) 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.
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(1) 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.
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(2) 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.
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(a) A participating county, including any applicable agencies of the participating county, shall use county funds, in accordance with this subchapter, only—(1) to carry out activities under the Firewise Communities program to provide to homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques in home siting, home construction, and home landscaping that can increase the protection of people and property from wildfires;(2) to reimburse the participating county for search and rescue and other emergency services, including firefighting and law enforcement 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 services at local schools; or(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus.
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(2) to reimburse the participating county for search and rescue and other emergency services, including firefighting and law enforcement 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;
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(B) paid for by the participating county;
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(b) 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(2) submit the proposal to any resource advisory committee established under section 7125 of this title for the participating county.
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(2) submit the proposal to any resource advisory committee established under section 7125 of this title for the participating county.
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(a) Not later than February 1 of the year after the year in which any county funds were expended by a participating county, the appropriate official of the participating county shall submit to the Secretary concerned a certification that the county funds expended in the applicable year have been used for the uses authorized under section 7142(a) of this title, including a description of the amounts expended and the uses for which the amounts were expended.
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(a) Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020—(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this subchapter; and(A) may be used by the participating county for any authorized use under section 7142(a) of this title; and(B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 7144 of this title.
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(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this subchapter; and
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(A) may be used by the participating county for any authorized use under section 7142(a) of this title; and
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(B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 7144 of this title.
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(b) Notwithstanding any other provision of law, effective beginning on November 15, 2021, no county funds made available under this subchapter may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.
Citations to §7121(2)
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(a) Project funds shall be expended solely on projects that meet the requirements of this subchapter.
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(b) 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 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.
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(c) A 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.
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(1) Not 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.
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(2) 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.
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(3) 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.
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(4) The proposed source of funding for the project, whether project funds or other funds.
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(1) 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.
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(1) 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 entities, and landowners and other persons to assist the Secretary in carrying out an approved project.
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(f) 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.
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(1) 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.
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(1) 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.
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(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
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(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.
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(2) 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.
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(A) 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).
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(B) 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.
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(a) 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 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.
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(b) 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.
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(c) 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.
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(1) 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.
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(b) Any project funds not obligated by September 30, 2029, shall be deposited in the Treasury of the United States.
Citations to §7121(3)
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(c) A 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.
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(1) Not 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.
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(2) 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.
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(3) 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.
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(b) 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.(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.
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(a) 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.
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(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.
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(4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with section 7123 of this title.
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(1) 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.
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(2) 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).
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(A) 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.
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(C) 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.
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(1) The Secretary concerned shall establish and maintain resource advisory committees to perform the duties in subsection (b), except as provided in paragraph (4).
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(2) 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.
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(3) 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.
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(A) An 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.
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(C) 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.
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(b) 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;(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.
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(6) make recommendations to the Secretary concerned for any appropriate changes or adjustments to the projects being monitored by the resource advisory committee.
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(A) The Secretary concerned shall appoint the members of resource advisory committees for a term of 4 years beginning on the date of appointment.
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(2) The Secretary concerned shall ensure that each resource advisory committee established meets the requirements of subsection (d).
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(3) Not later than 180 days after October 3, 2008, the Secretary concerned shall make initial appointments to the resource advisory committees.
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(4) The Secretary concerned shall make appointments to fill vacancies on any resource advisory committee as soon as practicable after the vacancy has occurred.
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(5) Members of the resource advisory committees shall not receive any compensation.
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(1) Except as provided in paragraph (6), each resource advisory committee shall be comprised of 15 members.
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(4) The 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).
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(5) A majority on each resource advisory committee shall select the chairperson of the committee.
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(A) On 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.
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(B) If, 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.
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(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.
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(1) Subject to paragraph (3), each resource advisory committee shall establish procedures for proposing projects to the Secretary concerned under this subchapter.
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(3) 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).
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(1) 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.
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(2) 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.
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(3) A resource advisory committee shall maintain records of the meetings of the committee and make the records available for public inspection.
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(2) In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees.
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(A) The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees.
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(B) The regional pilot program shall only apply to resource advisory committees chartered in—(i) the State of Montana; and(ii) the State of Arizona.
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(i) Before 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.
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(ii) Nothing 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.
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(A) The 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.
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(i) appoint the nominee to the applicable resource advisory committee; or
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(C) If 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.
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(D) The 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.
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(E) Nothing 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.
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(1) 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.
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(a) 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 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.
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(b) 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.
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(2) submit the proposal to any resource advisory committee established under section 7125 of this title for the participating county.
Citations to §7121(4)
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(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.