---
kind: "section"
citation: "16 U.S.C. § 7124"
title: "16"
title_heading: "Conservation"
number: "7124"
heading: "Evaluation and approval of projects by Secretary concerned"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/7124"
units:
  - "Chapter 90 — Secure Rural Schools and Community Self-Determination"
  - "Subchapter II — Special Projects on Federal Land"
---

# §7124. Evaluation and approval of projects by Secretary concerned

- (a) **Conditions for approval of proposed project—** The [Secretary concerned](/usc/16/7102.md?p=15) may make a decision to approve a [project](/usc/16/410r–5.md?p=c-4) submitted by a [resource advisory committee](/usc/16/7121.md?p=3) under [section 7123 of this title](/usc/16/7123.md) only if the proposed [project](/usc/16/410r–5.md?p=c-4) satisfies each of the following conditions:
  - (1) The [project](/usc/16/410r–5.md?p=c-4) complies with all applicable Federal laws (including regulations).
  - (2) The [project](/usc/16/410r–5.md?p=c-4) is consistent with the applicable [resource management plan](/usc/16/7121.md?p=4) and with any watershed or subsequent plan developed pursuant to the [resource management plan](/usc/16/7121.md?p=4) and approved by the [Secretary concerned](/usc/16/7102.md?p=15).
  - (3) The [project](/usc/16/410r–5.md?p=c-4) has been approved by the [resource advisory committee](/usc/16/7121.md?p=3) in accordance with [section 7125 of this title](/usc/16/7125.md), including the procedures issued under [subsection (e)](/usc/16/7125.md?p=e) of that section.
  - (4) A [project](/usc/16/410r–5.md?p=c-4) description has been submitted by the [resource advisory committee](/usc/16/7121.md?p=3) to the [Secretary concerned](/usc/16/7102.md?p=15) in accordance with [section 7123 of this title](/usc/16/7123.md).
  - (5) The [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/7102.md?p=15) may request the [resource advisory committee](/usc/16/7121.md?p=3) submitting a proposed [project](/usc/16/410r–5.md?p=c-4) to agree to the use of [project funds](/usc/16/7121.md?p=2) to pay for any environmental review, consultation, or compliance with applicable environmental laws required in connection with the [project](/usc/16/410r–5.md?p=c-4).
  - (2) **Conduct of environmental review—** If a payment is requested under [paragraph (1)](#b-1) and the [resource advisory committee](/usc/16/7121.md?p=3) agrees to the expenditure of funds for this purpose, the [Secretary concerned](/usc/16/7102.md?p=15) 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](/usc/16/7121.md?p=3) does not agree to the expenditure of funds under [paragraph (1)](#b-1), the [project](/usc/16/410r–5.md?p=c-4) shall be deemed withdrawn from further consideration by the [Secretary concerned](/usc/16/7102.md?p=15) pursuant to this subchapter.
    - (B) **Effect of withdrawal—** A withdrawal under [subparagraph (A)](#b-3-A) shall be deemed to be a rejection of the [project](/usc/16/410r–5.md?p=c-4) for purposes of [section 7127(c) of this title](/usc/16/7127.md?p=c).
- (c) **Decisions of Secretary concerned—**
  - (1) **Rejection of projects—**
    - (A) **In general—** A decision by the [Secretary concerned](/usc/16/7102.md?p=15) to reject a proposed [project](/usc/16/410r–5.md?p=c-4) shall be at the sole discretion of the [Secretary concerned](/usc/16/7102.md?p=15).
    - (B) **No administrative appeal or judicial review—** Notwithstanding any other provision of law, a decision by the [Secretary concerned](/usc/16/7102.md?p=15) to reject a proposed [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/7102.md?p=15) makes the rejection decision, the [Secretary concerned](/usc/16/7102.md?p=15) shall notify in writing the [resource advisory committee](/usc/16/7121.md?p=3) that submitted the proposed [project](/usc/16/410r–5.md?p=c-4) of the rejection and the reasons for rejection.
  - (2) **Notice of project approval—** The [Secretary concerned](/usc/16/7102.md?p=15) shall publish in the Federal Register notice of each [project](/usc/16/410r–5.md?p=c-4) approved under [subsection (a)](#a) if the notice would be required had the [project](/usc/16/410r–5.md?p=c-4) originated with the [Secretary](/usc/16/410r–5.md?p=c-1).
- (d) **Source and conduct of project—** Once the [Secretary concerned](/usc/16/7102.md?p=15) accepts a [project](/usc/16/410r–5.md?p=c-4) for review under [section 7123 of this title](/usc/16/7123.md), the acceptance shall be deemed a Federal action for all purposes.
- (e) **Implementation of approved projects—**
  - (1) **Cooperation—** Notwithstanding [chapter 63](/usc/31/chstV/ch63.md) of title 31, using [project funds](/usc/16/7121.md?p=2) the [Secretary concerned](/usc/16/7102.md?p=15) may enter into contracts, grants, and cooperative agreements with [States](/usc/16/544.md?p=r) and local governments, private and nonprofit entities, and landowners and other [persons](/usc/16/450rr–1.md?p=b) to assist the [Secretary](/usc/16/410r–5.md?p=c-1) in carrying out an approved [project](/usc/16/410r–5.md?p=c-4).
  - (2) **Best value contracting—**
    - (A) **In general—** For any [project](/usc/16/410r–5.md?p=c-4) involving a contract authorized by [paragraph (1)](#e-1) the [Secretary concerned](/usc/16/7102.md?p=15) may elect a source for performance of the contract on a best value basis.
    - (B) **Factors—** The [Secretary concerned](/usc/16/7102.md?p=15) 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](/usc/16/410r–5.md?p=c-4); 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](/usc/16/410r–5.md?p=c-4), 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 funds—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall ensure that at least 50 percent of all [project funds](/usc/16/7121.md?p=2) be used for [projects](/usc/16/410r–5.md?p=c-4) that are primarily dedicated—
  - (1) to road maintenance, decommissioning, or obliteration; or
  - (2) to restoration of streams and watersheds.

## Source credit

(Pub. L. 106–393, title II, § 204, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3902; amended Pub. L. 112–141, div. F, title I, § 100101(a)(6), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(2)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(2), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(1), Mar. 23, 2018, 132 Stat. 1079.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 204 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

2018—Subsec. (e)(3). Pub. L. 115–141 struck out par. (3) which established a pilot program to implement projects involving the sale of merchantable timber.

2015—Subsec. (e)(3)(B)(iii). Pub. L. 114–10 substituted “fiscal year 2010 and fiscal years thereafter” for “each of fiscal years 2010 through 2013”.

2013—Subsec. (e)(3)(B)(iii). Pub. L. 113–40 substituted “2013” for “2012”.

2012—Subsec. (e)(3)(B)(iii). Pub. L. 112–141 substituted “through 2012” for “and 2011”.